Some immigrants when enter into the UK as a spouse of a British Citizen. They start living together as couple in the beggining for some period and then get victim of doestic abuse either from their British Spouse or by their mother in law or father in law. Some of the examples are to make the immigrant to sleep rough, financial control, emotional abuse by calling with bad names, physical abuse by harassing or not entring into home or by asking to do the work which the immigrant spouse does not want to do. We have been informed on many occasssions that the immigrant was tortured mentally and physically by the both (Wife and parents in law) that they would call him in a degrading way and by his bad name. They would not allow the applicant to see his friends and family and controlled them in a way that they are not even free to make their choices of life.
Its Barrister Shazia Anjum who has been helping the victim of domestically abused immigrants in terms of their settlement application in the UK, accommodation provision, financial help process and transformation to thier life so that those victim can be treated equally and be confident in their life.
Many immigrants are not aware about their rights and even they do not know that they can apply for settlement even if they have not spent their complete five years with their British Spouse because the domestic abuse law and immigration rules protext the rights of the immigrants where and when it takes place, therefore you can even apply when you have not completed your 5 years route settlement as a spouse of British Cititzen.
If you are being victimised you will need to take certain steps to protect your rights and prepare the evidene before you can submit your domestic violence settlement application to the Home Office. Join our waiting list for the full guide here as to when it is published we will send you a copy as to what steps you will need to take before you can apply for your settlement on the basis of domestic violence in the UK.
Part 8 of Immigration rules say as follows;
Requirements for indefinite leave to remain in the United Kingdom as the victim of domestic violence
289A. The requirements to be met by a person who is the victim of domestic violence and who is seeking indefinite leave to remain in the United Kingdom are that the applicant:
(i)(a) the applicant was last admitted to the UK for a period not exceeding 27 months in accordance with sub-paragraph 282(a), 282(c), 295B(a) or 295B(c) of these Rules; or
(b) the applicant was last granted leave to remain as the spouse or civil partner or unmarried partner or same-sex partner of a person present and settled in the UK in accordance with paragraph 285 or 295E of these Rules, except where that leave extends leave originally granted to the applicant as the partner of a Relevant Points Based System Migrant or Appendix W Worker; or
(c) the applicant was last granted leave to enable access to public funds pending an application under paragraph 289A and the preceding grant of leave was given in accordance with paragraph 282(a), 282(c), 285, 295B(a), 295B(c) or 295E of these Rules, except where that leave extends leave originally granted to the applicant as the partner of a Relevant Points Based System Migrant or Appendix W Worker; and
(ii) the relationship with their spouse or civil partner or unmarried partner or same-sex partner, as appropriate, was subsisting at the beginning of the last period of leave granted in accordance with paragraph 282(a), 282(c), 285, 295B(a), 295B(c) or 295E of these Rules; and
(iii) is able to produce evidence to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence.
You will also need to prove that the applicant’s marriage was subsisted before their relationship was broken down. [Their correspondence of living together have been enclosed herewith].
Explain them all the incidents date by date and ask for a copy of report.
As it has been described by the Crown Prosecution Services that;
“‘Domestic abuse’ covers a range of types of abuse, including, but not limited to, psychological, physical, sexual, financial or emotional abuse. ‘Domestic abuse’ can be prosecuted under a range of offences and the term is used to describe a range of controlling and coercive behaviours, used by one person to maintain control over another with whom they have, or have had, an intimate or family relationship”.
In the statutory definition of domestic abuse which is updated on November 2019, it is mentioned that:
- “economic abuse involves behaviours that interfere with an individual’s ability to acquire, use and maintain economic resources such as money, transportation and utilities. It can be controlling or coercive. It can make the individual economically dependent on the abuser, thereby limiting their ability to escape and access safety
- examples of economic abuse include:
- having sole control of the family income
- preventing a victim from claiming welfare benefits; Interfering with a victim’s education, training, or employment
- not allowing or controlling a victim’s access to mobile phone/transport/utilities/food
- damage to a victim’s property”.
The applicant had not only faced degrading and abusive behaviour from his wife but also from his mother in law, who was very controlling and still threatening him to deport him to his own country.
Section 113 of the British Nationality Act 2002 says as follows:
113 Interpretation
(1)In this Part, unless a contrary intention appears—
- “human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom [or to refuse him entry into the United Kingdom] would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention) ,
In the case of “R (on the application of AT) v Secretary of State for the Home Department [2017] EWHC 2589 (Admin), [2017] All ER (D) 94 (Nov)” it was considered that under this route those who come to the UK to marry and are granted leave to remain as spouses, but whose marriages break down as a result of domestic violence, can apply to remain in the UK indefinitely in the same way they would have been able to had they remained married to a British citizen”.
If you want to join us for further help join our face book community www.facebook.com/familyvisauk
If you require an urgent guide, Any urgent enquiries can be made on 00447870959175 (Whats app) and speak to Barrister Shazia Anjum. You can also join us on our youtube channel “@Barrister Shazia Anjum Official” for live videos on this topic and Uk Immigraiton.
