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Urgent help DV ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Simab
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Afghanistan

Urgent help DV ILR

Post by Simab » Tue Apr 13, 2021 10:18 pm

I have been victim of domestic voilence. I am in refuge centre at the moment with my british born child. My child was born in UK when i was on dependent visa. My most recent leave to remain was dependent visa of tier 1 partner.

Partner got ILR recently and he applied flr m for me. After domestic voilence incident, partner withdrew flr m application and i am without any visa.

Can i apply for ILR DV

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zimba
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Re: Urgent help DV ILR

Post by zimba » Tue Apr 13, 2021 11:56 pm

If your last visa was under PBS dependant visa then you cannot apply under the domestic abuse rules. That is not a specified route under the rules. The domestic violence guide says this about an ILR application:

The only people eligible to apply for ILR are those whose:

• first grant of leave was under paragraphs D-ECP.1.1, D-LTRP.1.1, D-LTRP.1.2, (other than as a partner of a person in the UK with limited leave, a fiancé or fiancée or proposed civil partner), or D-DVILR.1.2 of Appendix FM
• last grant of leave was under paragraph 276AD of the Immigration Rules or
• paragraphs 23, 26, 28 or 32 of Appendix Armed Forces

The domestic violence rules do not apply to:
• the spouse, unmarried partner or registered civil partner of a sponsor who has only limited leave to enter or remain in the UK
• fiancé or fiancées or proposed civil partners
• people seeking asylum in the UK
• the spouse or civil partner of a foreign or Commonwealth citizen who is serving, or has served, in Her Majesty’s (HM) forces and who has not completed a minimum of 4 years’ reckonable service

Individuals who have never had leave on one of the specified routes may be able to make an application on form FLR(FP) on the basis of their family and private life under Article 8 of the European Convention on Human Rights or for leave outside the rules on form FLR (HRO) or FLR(IR).
I believe an FLR(FP) application is appropriate in your circumstances

https://assets.publishing.service.gov.u ... ce-v14.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Simab
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Re: Urgent help DV ILR

Post by Simab » Wed Apr 14, 2021 5:04 pm

Thanks for clarifying me. Could you please tell me if i could apply for benefits as i don't have money for myself and kid.

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zimba
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Re: Urgent help DV ILR

Post by zimba » Thu Apr 15, 2021 10:31 am

Simab wrote:
Wed Apr 14, 2021 5:04 pm
Thanks for clarifying me. Could you please tell me if i could apply for benefits as i don't have money for myself and kid.
There is destitution domestic violence (DDV) concession however it is only available to the people who came to the UK as partners. You also are still subject to 'no recourse to public funds' meaning you cannot claim any public fund benefits. However, as you have a child, you may be entitled to some form of help. I highly recommend contacting your local domestic abuse centre and seek their advice. Also, visit https://www.turn2us.org.uk/Your-Situation/A-Migrant to see if you qualify for some form of help/grant.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Simab
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Re: Urgent help DV ILR

Post by Simab » Thu Apr 15, 2021 2:05 pm

Zimba, please delete my post and comments on it for ky safety. Please do it ASAP. I have been advised it to get deleted.

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CR001
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Re: Urgent help DV ILR

Post by CR001 » Thu Apr 15, 2021 2:13 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Simab
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Re: Urgent help DV ILR

Post by Simab » Fri Apr 23, 2021 10:59 pm

What supporting documents i would need to apply FLR FP application.

Would it he FLR FP (as parent).

I got married in 2015, since i spent more time in home country than in UK.

Between October 2016 and April 2021, i spent 12 months in total in UK. 3 months in 2019 and 9 months now.

Do i need to get divorce (islamic nikah) to apply under this route.

Please help with question and tag if there are some relevant post or documents list.

Simab
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Re: Urgent help DV ILR

Post by Simab » Sat Apr 24, 2021 12:44 pm

Any expert could please comment on above.

Simab
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Re: Urgent help DV ILR

Post by Simab » Mon Apr 26, 2021 10:44 am

What supporting documents i would need to apply FLR FP application.

Would it he FLR FP (as parent).

I got married in 2015, since i spent more time in home country than in UK.

Between October 2016 and April 2021, i spent 12 months in total in UK. 3 months in 2019 and 9 months now.

Do i need to get divorce (islamic nikah) to apply under this route.

Please help with question and tag if there are some relevant post or documents list.

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zimba
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Re: Urgent help DV ILR

Post by zimba » Mon Apr 26, 2021 10:50 am

There is a whole guide on this. See the parent route section: https://assets.publishing.service.gov.u ... .0-ext.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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