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Consistent with32. wrote:Here, the ILR provisions dealing with a victim of domestic violence cannot, in my judgment, so easily be seen to represent a progression from a grant of limited leave leading to settlement. That said they provide, of course, a substitute route to ILR when the ILR route for settlement as a partner under the Rules is taken away because of the incidence of domestic violence. In that regard, they have a striking similarity with the bereaved partner provisions except that, in the latter instance, there is no requirement that the limited leave must have been granted under the Rules. The contrast between the ILR provisions for a "bereaved partner" in Section BPILR and for the grant of ILR to a victim of domestic violence in Section DVILR is all the more apparent given that the two Sections follow each other in Appendix FM. In my judgment, the wording of E-DVILR.1.2. supports Mr Webb's submission that had the Secretary of State intended to restrict the requirement that the applicant's last grant of "limited leave" as a "partner" to leave granted under Appendix FM, the Secretary of State could have explicitly stated that in the Rules. She did precisely that in E-DVILR.1.2. when dealing with eligibility for the grant of ILR as a victim of domestic violence.
But a challenge may be weaken byChanges and Challenges to the Destitute Domestic Violence Concession wrote:Those granted Leave to Enter or Remain (LTE) (LTR) / Discretionary Leave to Remain (DLR)
One of the requirements of the domestic violence rule (and therefore also currently the DDVC) is that applicants have to be on a spousal visa or the 5 year FM route as the spouse, civil partner or partner of someone who is British or present and settled in the UK. However, some applicants for leave as the spouse, civil partner or partner of a person who is British or present and settled in the UK have and are refused this leave and instead given Leave to Enter or Remain (LTE) (LTR) or Discretionary Leave to Remain (DLR) by either the Home Office or, following appeal, by the First-tier Tribunal (Immigration and Asylum Chamber). This usually occurs when an application for leave is made as a spouse, civil partner or partner but the applicant cannot satisfy all the requirements in the Immigration Rules but it would be disproportionate to deny them permission to enter / remain in the UK (because for example, there is no question that the relationship is not genuine and the person concerned has only just failed to meet the relevant requirements of the rule as a spouse).
Following a legal challenge the Home Office accepts that victims of domestic violence granted DLR/LTE/LTR because of their relationship with someone who is British or present and settled here are eligible for ILR under the domestic violence rule (and therefore can also benefit from the DDVC). The other requirements of the domestic violence rule will still have to be met (e.g. that the relationship has broken down permanently during the last period of limited leave because of domestic violence). At the time of writing Home Office guidance on how applications to the DDVC should be decided have not been changed to reflect this concession. Consequently legal representatives and support workers should be prepared to challenge any refusal to grant leave under the DDVC or domestic violence rule, by judicial review proceedings if necessary.