What Are the Requirements for Indefinite Leave to Remain (ILR) As a Victim of Domestic Abuse? (Part 1) Atty Magsino explains it in Tagalog and English

Ang mga requirements for Indefinite Leave to Remain (ILR) as a victim of domestic abuse, you must meet these requirements below. Some contents here are found online via Richmond Barristers.

1. You must be physically present in the UK when making the application. Kelangan nasa UK ka.

Ang application na ito ay kelangan mo mai-submit kung nasa UK ka mismo. Therefore, it cannot be made on your behalf by someone in the UK.

Kaya kung nasa abroad ka at maltreated ka by your British spouse cannot use this reason to enter the UK by this route.

2. You must make a valid application for ILR as a victim of domestic abuse

The validity requirements are contained in Paragraph 34 of the Immigration Rules and helpfully explained in this Home Office guidance document.

To cut the long story short, the requirements are:

  • Apply using the specified application form;
  • Complete all mandatory sections of the form;
  • Pay the specified application fee;
  • Provide proof of identity;
  • If under 18, provide written parental consent;
  • Comply with the application process, including the requirement to enrol for biometrics.

Specified application fee – What is it, and what if I can’t pay it?

The specified application fee is £2,389 per person. You also need to pay £19.20 per person to have your biometric information (fingerprints and a photo) taken.

You do not need to pay the fee if you can provide evidence that you:

  • do not have a place to live and cannot afford one;
  • have a place to live but cannot afford essential living costs like food or heating; or
  • have a very low income and paying the fee would harm your child’s wellbeing.

Immigration Health Surcharge (IHS) – Do I have to pay it?

There is no IHS fee as this is an application for ILR.

Proof of Identity – What if my abuser has taken my passport?

Paragraph 34 states that “(b) Proof of identity for the purpose of this paragraph means:

(i) a valid passport or, if an applicant (except a PBS applicant) does not have a valid passport, a valid national identity card; or

(ii) if the applicant does not have a valid passport or national identity card, their most recent passport or (except a PBS applicant) their most recent national identity card; or

(iii) if the applicant does not have any of the above, a valid travel document.”

If you cannot provide any of these documents, Paragraph 34(c)(vii) allows you to raise “a good reason” why not.

3. You must meet the suitability requirements

Ang Suitability requirements have two parts: the mandatory requirements (which if not met, must result in refusal of your application) at S-ILR.1.2-1.10 and the discretionary requirements (which if not met, may result in refusal of your application) at S-ILR.2.2-2.4 and S-ILR.4.1-4.5.

Suitability requirements ay normally sa mga may criminal convictions or offences or those who have previously been convicted of crimes or failed to comply with previous immigration requirements.

Sa discretionary requirements naman, this is if you have provided false information, failed to disclose material facts in relation to your application, or the Secretary of State believes your presence in the UK is not conducive to the public good.

4. You must meet the eligibility requirements

The three eligibility requirements are that:

  • You had/have leave to remain as the partner of a: British citizen; person with settled status; person with leave to remain as a refugee; or person in the UK with leave to remain under Appendix EU;
  • Any subsequent grants of limited leave were granted (i) as a partner, or (ii) to enable access to public funds pending an application under DVILR, or (iii) under D-DVILR.1.2; and
  • You have proved on the balance of probabilities that during the last period of limited leave as a partner, your relationship broke down as a result of domestic abuse.

Am I eligible if I was granted leave to remain as a fiancé or proposed civil partner?

No, not unless you were subsequently granted leave to remain as a spouse, civil partner or “person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application.

“Naging TNT na ako or I am an overstayer but last had leave to remain as a qualifying partner, am I still eligible?”

Yes. It is advisable to apply for a visa as soon as possible if you last had leave under Appendix FM.

Read Part 2 of this article for better understanding.

DISCLAIMER: All information posted is merely for educational and informational purposes. It is not intended as a substitute for a professional advise. Should you decide to act upon on the information on this website, you do so at your own risk.

Do you want to instruct me?

Please send me a brief explanation of your case or send any relevant document to my email: donm@queensparksolicitors.co.uk and let me see if I can help you or not. If we know we can give you advise, we will ask you to avail our telephone consultation for only £120 for 60 minutes.

We are Queen’s Park Solicitors. I am a lawyer based in London, UK. My name is Atty. Lindoven Magsino, BSc, MBA, GDL, LLM, Ph.D. (candidate). We are based at Suite 4, Stewart House, 56 Longbridge Road, Barking, Essex IG11 8RT, United Kingdom | Telephone: 02036437508 | Mobile: 07446888377 | Fax: 02033931725 | Email: donm@queensparksolicitors.co.uk | Regulated by the Solicitors Regulatory Authority (SRA) 566513. Visit us at http://www.queensparksolicitors.co.uk.

Categories: Home, UK Immigration

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