Urgent ILR DV Queries

[Fayainhabones]

Hi all, I need urgent advice. After 4 years of an abusive marriage, I want to discreetly apply for ILR using the DV route. my husband has informed me that he will not apply for my ILR and he's got nothing to do with me, despite me having 3 children for him.
I ham still living with him, though he sleeps in the guest room and is having an affair with his secretary. Our marriage is over due to the domestic violence against me, even though we haven't formally separated. I haven't got the financial means to move out and accommodate myself, our twins and our 4 year old son. I was wondering the following:
1. Can I apply for ILR using the DV route when I'm still living with him?
2. How can I prove to home office that our marriage has broken down due to domestic violence?

Any advice is appreciated, thank you.

[noajthan]

Start here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Rock-solid evidence is the key.
Good luck.

[Fayainhabones]

Start here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Rock-solid evidence is the key.
Good luck.

Thank you Noajthan. It's not clear though whether you can still use the DV route whilst still living with the perpetrator of domestic violence

[CR001]

What evidence do you have of the domestic violence (GP reports, police reports, social services help, woman's aid help, etc)? What help have you sought for your situation?

If you don't have any documentary evidence and are still living with the abuser, it is unlikely to be successful.

[Fayainhabones]

Hi All,
I've been married for 6 years and suffered intense Domestic Violence (DV) but kept quiet to preserve my marriage. My husband is NOT a British Citizen and does not yet have ILR. 1 month before he was due to apply for his ILR, there was another severe incident of DV. I couldn't keep it quiet so I reported to the police. Now, he's got a criminal record and has been charged. I am not eligible to apply for DV ILR because my spouse is not British and not settled (ILR).
Which other category can I apply under please? I've got 2 children aged 1 & 4. The 4 year old is starting school in September and I'm so worried about deportation if I or her dad/my husband gets refused his ILR. Any advice would be appreciated, thank you.

[CR001]

What is your current visa that you have?

What visa does your husband hold?

[Fayainhabones]

What is your current visa that you have?

What visa does your husband hold?

I currently hold a Tier 2 Gen. dependants Visa.
My husband holds a Tier 2 General work visa.

[Wanderer]

Hi All,
I've been married for 6 years and suffered intense Domestic Violence (DV) but kept quiet to preserve my marriage. My husband is NOT a British Citizen and does not yet have ILR. 1 month before he was due to apply for his ILR, there was another severe incident of DV. I couldn't keep it quiet so I reported to the police. Now, he's got a criminal record and has been charged. I am not eligible to apply for DV ILR because my spouse is not British and not settled (ILR).
Which other category can I apply under please? I've got 2 children aged 1 & 4. The 4 year old is starting school in September and I'm so worried about deportation if I or her dad/my husband gets refused his ILR. Any advice would be appreciated, thank you.

Did he declare this on his ILR application? If not he will be refused and if he did I wonder if he'll still be refused under the criminality tests for ILR? I'd wait for others on that.

[iworker]

i think OP meant that her husband doesnt have ILR yet.
I personally think (and that is just logically and not as per rules as i dont know them), ukvi would likely ask u to go back home, as none of the kids are old enough to argue that they can not adjust back home, besides the fact that they are not british either.