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Divorce Grounds Immigration

Paragraphs 289A, 289B, 289C and 289D of the Immigration Rules on Domestic Violence

The following is an extract as of today’s date of the Immigration Rules relating to Victims of Domestic Violence in the United Kingdom comprising paragraphs 289A, 289B, 289C and 289D of the Immigration Rules. If you suspect that you are the victim of Domestic Violence and you have concerns relating to your immigration status, call our specialist immigration law team on 020 8401 7352 to discuss your circumstances.

Victims of domestic violence

 

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) 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 evidence to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence; and

(v) DELETED

Indefinite leave to remain as the victim of domestic violence

289B. Indefinite leave to remain as the victim of domestic violence may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 289A is met.
Refusal of indefinite leave to remain as the victim of domestic violence

289C. Indefinite leave to remain as the victim of domestic violence is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 289A is met.

289D. If the applicant does not meet the requirements for indefinite leave to remain as a victim of domestic violence only because paragraph 322(1C)(iii) or 322(1C)(iv) applies, they may be granted further limited leave to remain for a period not exceeding 30 months and subject to such conditions as the Secretary of State deems appropriate.