Fiance visa to DV - ILR

[rshelar]

Hi all,

I have been on this forum for a while and I have helped and got help from everyone for my visa.
However I want to ask a question now on behalf of my friend. Apologies if I miss any information, I will ask my friend and post again.

My friend came to the UK on a fiance visa and got married in the UK. She applied for a spouse visa, but before the visa came her relationship broke down due to domestic violence. Her partner informed HO and she was not granted spouse visa.

She applied for DV ILR and she has all evidences (refuge, police letter etc) but it was rejected because she wasnt on a spouse visa. I believe she is on DL now and her ILR application is at tribunal stage.

Can someone advise what are the options to go for ILR? What additionally she can provide at the tribunal stage? Do you know of any case where someone got ILR when they were not on spouse visa, like fiance visa?

Regards

[vinny]

The provision does not apply to:
...
fiancé(e)s or proposed civil partners
...

Not hopeful, unless there are insurmountable obstacles to the Appellant returning.

[rshelar]

Thanks Vinny.

I will read through these in detail and post back...

Aware that Fiance visa doesnt allow a direct route to ILR. But considering she was granted DL there may be hope along with all the DV proof.

[rshelar]

Hi Vinny,

I have had the time to go through each of those cases, thank you. My friend is from India, are you aware of similar judgements where the applicant was from India and in UK on a fiancee or marriage visa?

My guess is the argument for persecution back home is stronger in pakistan given new about honour killings, terrorism, sectarian violence etc but home office may not view india in same light.

Also, do you think that given the fact home office granted her DL, means they agree she has been unfairly treated or approval of some sort?

Regards

[rshelar]

In addition to above, does anyone have recommendations for a solicitor with experience in above matters?

[CR001]

In addition to above, does anyone have recommendations for a solicitor with experience in above matters?

Members are not permitted to post solicitor companies or names. Any such posts will be removed.