Domestic Violence

Domestic Violence cases can raise difficult issues, with clients often concerned about their physical safety and the breakdown as their relationship as much as their immigration status.

The UKBA allow those whose immigrant spouses whose marriages have broken down as a result of domestic violence to remain in the UK if other conditions are also met.

As discussed more fully in the marriage page of this site, foreign spouses coming to the UK to join UK national spouses are initially given 2 years permission to enter the UK as a spouse. Upon the completion of the two years, the foreign spouse is given permanent stay in the United Kingdom.

If the marriage breaks down in that two year period then the immigration rules do not provide a mechanism for the foreign spouse to remain in the UK.

The exception to this is where the marriage has broken down as a result of domestic violence on the part of the UK based sponsor. In those circumstances, the foreign spouse can, when here 2 year period in the UK make an application to remain on that basis.

As with most immigration rules, the desire to prevent fraudulent claims of domestic violence raises restrictions on who can apply.

The full text of the immigration rules can be obtained by contacting Westkin, but in summary the rules require that the domestic violence must have occurred during the two year period and must have been the cause of the breakdown of the marriage.

There is no requirement as to the severity of violence (within reason), further there is no need for there to have been a divorce and a man can claim domestic violence as much as women, although clearly the credibility of such a claim may well be in doubt and tested by the Immigration authorities.

Once aspect of the law that does cause immigration solicitors and immigration lawyers some particular concern is the requirement as to evidence. These can be both complex and strict. As immigration lawyers should be quick to point out, the allegation of domestic violence is not enough to make out the case, specific forms of evidence are required to prove domestic violence.

Westkin are on hand to assist. If you have been the victim of domestic violence, our immigration lawyers will be able to help in a safe and discreet environment.

info@westkin.com

© 2011 Westkin - London Immigration Lawyers