Spouse Visa Domestic Violence

If you are in the awful position of being in a relationship and on a Spouse Visa with a violent partner then you may be scared that by ending the relationship you will lose your rights to your visa. In this article, we will discuss domestic violence and the Spouse Visa and try to help you to figure out the best way to progress with your case.

What are my options if my partner is violent and I am on a Spouse Visa?

The first thing you will need to do clearly is trying to avoid the violence in the first place. If it is possible to separate yourself from your partner temporarily then you should do so. At least so that you are able to see somebody in a position to help you. Fortunately, the government has instituted options for those on a Spouse Visa for this situation. If you speak to the right agencies, you will be able to receive the help that you need.

You will, under certain circumstances, be eligible to apply for Indefinite Leave to Remain (ILR). In this situation you will need to have the violence verified by one of the following;

     Letter from a GP who has examined the applicant and is satisfied they have injuries consistent with being the victim of domestic violence

     Undertaking given to a court that the perpetrator of the violence will not approach the applicant who is the victim of violence

     The police report confirming attendance at the home of the applicant as a result of domestic violence

     A letter from social services confirming its involvement in connection with domestic violence; or
a letter of support or report from a women’s refuge.

But as long as that verification happens UKVI will be there to help you to stay in the UK and to get away from your violent partner.

Can I just divorce my partner and stay in the UK?

Unfortunately, it’s not as simple as that; you are unfortunately still linked to them on your Spouse Visa and you will need to wait until you receive Indefinite Leave to Remain (ILR) before you can finish your marriage. If you are worried about your current situation then please get in touch with us and we can help to guide you to the right agencies to ensure you get the right help that you need.

My visa says that I have “no recourse to public funds” can I still get help?

Yes although you’re not entitled to access public funds, in the case of domestic violence this will change your eligibility somewhat. There are many agencies who will be willing and able to help you to leave your partner and to remain in the UK, but it is important that you speak to somebody as soon as possible rather and let the violence continue.

Where can I get more help?

If you would like to discuss your situation then please get in touch with our solicitors. They will be sympathetic to your needs and able to help settle your situation and to remove you from the violent relationship that you are currently in. Please don’t suffer in silence, speak to us today and let us begin to help you.


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