COVID‐19 has been declared a global pandemic. Though necessary to slow the spread of the Corona-virus, actions such as social-distancing, sheltering in-place, restricted travel, and closures of key community foundations are likely to dramatically increase the risk for family violence around the globe. In fact UK government is already indicating a dramatic increase in reported cases of domestic violence.
"Domestic Violence" is a serious violation of human rights, and the UK's Human Rights Act considers both mental, sexual, economic, and psychological pressure as domestic violence, as well as physical violence that causes physical damage. Therefore, if you think this is the case, you should report it to the local district office, women's rights group, or the police to request protection.
Domestic violence can be mostly male perpetrators and female victims. However, Rights of Women reported that more than 470,000 domestic violence cases were reported in 2019 as serious human rights violations that could occur to both men and women regardless of race or religion.
Foreign spouses often do not expose themselves to abuse or hesitate to seek help due to unstable stay issues. The Home Office is preparing protective measures for the termination of the relationship with the spouse or partner of a citizen or a settled person. In other words, victims of family violence can apply for permanent residency without the consent of their sponsors.
If the relationship breaks down because of domestic violence, the Home Office will allow victim who has come to the UK under Appendix FM to stay in the country permanently.
Home Office makes clear that domestic violence and abuse goes beyond physical or sexual violence.
Any incident or pattern of incidents of controlling coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality.
Who can apply?
Migrants who are in the UK as the spouse or partner of a British citizen or someone settled can apply for permission to stay as a victim of domestic violence (even if their visa has expired). However, those in the UK to marry who have not yet swapped to leave as a partner will not qualify.
Making an application under the domestic violence rules
If your spouse's or partner's violence is repeated and there is no chance that the relationship will improve, it is not a genuine and sincere relationship. Also, the damage caused by such violence can be fatal, causing physical and mental harm. In this case, you can apply for permanent residency by gathering the evidence immediately. The suitability requirements are the same as for other applications for indefinite leave under family visa route. They relate to criminality and bad character, providing false information and owing money to the Home Office or NHS.
However, the rules do not state that specific documents should be submitted with an application. All evidence submitted must be considered by a case worker when considering if, on the balance of probabilities, the breakdown of the relationship was because of domestic violence.
Dependant child
Children under the age of 18 can apply for settlement together if they are dependants. If a violent spouse is not your child's biological father or mother, you must prepare document to prove it. If the applicant has sole custody, if the biological father or mother dies, or if other special circumstances prove that he or she is forced to live with the applicant, the application can be made together.
If you come to the UK with love, but you get troubled with your visa when you go to unbearable tragedy, there will be nothing more difficult. Each person has different circumstances, so if you need further advice, please visit our website and leave a message.