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Domestic Violence_ Indefinite Leave to Remian in the UK 

Paragraph 289A of  HC  395 of the Immigration  Rules sets out the requirements for indefinite leave to remain in the United Kingdom for people who has limited leave to enter or remain in the United Kingdom as the spouse, unmarried partner, registered civil partner or same-sex partner of a British citizen or person present and settled in this country and whose marriage or relationship breaks down because of domestic violence.

 

            The above paragraph reads as follows:-

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) was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled here; or;

(ii) was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled here; and

(iii) the relationship with their spouse or civil partner or unmarried partner or same-sex partner , as appropriate, was subsisting at the beginning of the relevant period of leave or extension of stay referred to in (I) or (ii) above; and

(iv) is able to produce such evidence as may be required by the Secretary of State to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence.

A successful application made on the basis of domestic violence would give the applicant and the

applicant’s  dependants indefinite leave to remain in the UK.

 

 

Further information

Some further information on the Implication of the AI  ( Pakistan)'s judgment is given in the ILPA information Sheet dated 4th June 2007.

Some further information on Domestic Violence is given in the House of  Commons Library standard note SN/HA/4644  dated 26 August 2009.

For more information on Article 8, please see the  Human Rights page

 

 

 

 

 

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