ILR due to Domestic Violence

[srini6187]

I came to the UK in 2008 to do my Master's. I later switched to Tier 1 Post Study Work that was valid until Jan 2012. In the meanwhile, I married my husband in November 2011. Due to my visa expiry, I returned to India in Jan. My husband and myself also had a ceremonial wedding in India on Feb 2012 after which I applied for a tier 2 spouse visa. I got my visa in July and came here to the UK on August 2012. Shortly after that, I was a victim of Domestic Violence and filed a police complaint and my husband was given a police caution. After that, we were living apart for a few months and later patched up and started living together as a normal couple since 2013 Jan. However, the violence continued and my marriage counsellor suggested that I go seek the help of a DV agency called NAADV where I was found to be at a high risk (a risk rating of 13 I was told). I now wish to apply for an ILR due to DV.
I wish to apply for a divorce but I do not have the financial support here. Hence I have requested my father to get legal consultation with solicitors in India to get a divorce as it is cost-effective. It is also easier to get back my belongings (gold, jewellery, silk sarees, silver vessels etc.) with a court order from India. I do not wish to live with him and it is for sure that this relationship has broken down.
My question here is: Do I definitely need to get a court order for divorce before I apply for the ILR? Is it OK to start the court proceedings in India and apply for a divorce there? Would that be acceptable?

[kpk1234]

I had a look on guidance according my understanding you should apply as soon as your relationship has broken down due to DV. Maybe guru's can help. I may not be 100% accurate or your partner must be a permanent resident if you wish to apply under the SET(DV) route.

[srini6187]

My spouse is on a Tier-2 visa. As far as I checked, I understood that I am eligible to apply (even though he is not a permanent resident).

[kpk1234]

If you checked no issues then, But apply as soon as you can as per the guidance.

[Amber]

I'm afraid not. Do you have children?

[quote="Completing application form SET(DV)""]You may be able to apply for settlement using application form SET(DV) if:

you were given permission to come to the UK for up to 27 months or to extend your stay for two years as the husband, wife, civil partner, unmarried partner or same-sex partner of a permanent resident ( even if that permission is no longer valid) ; and

you were still in that relationship at the time when you came to the UK or extended your stay as their husband, wife, civil partner, unmarried partner or same-sex partner; and

you can produce evidence that the relationship has broken down permanently since then as a result of domestic violence.[/quote]

I suggest you contact:

Southall Black Sisters (click)