British Citizenship – Domestic Abuse

It may allow a person to settle permanently in the UK where their relationship has broken down because of domestic violence or abuse. 

Settlement is also called indefinite leave to remain or indefinite leave to enter. It allows a person to live, work and study in the UK for as long as they like, and to apply for benefits if eligible. It may also provide a route to British citizenship. 

Abuse can be emotional, psychological, physical, sexual or financial.

It can include threatening or controlling behaviors intended to harm, isolate or frighten someone. 

Yes. If a person’s visa is based on their relationship, they must tell the Home Office when they separate from their partner. 

The application should be made as soon as possible after the relationship breaks down. A person with a current visa should not wait for it to expire. 

Eligibility depends on the applicant’s current immigration status and on how the relationship broke down. 

The applicant’s immigration status will usually need to be based on their relationship with their partner. 

The partner must be a British citizen; a person settled permanently in the UK; a qualifying member of the UK armed forces; a person with refugee permission; a person with settled status under the EU Settlement Scheme; or a qualifying citizen of the EU, Switzerland, Norway, Iceland or Liechtenstein with pre-settled status. Where the partner has pre-settled status, they must also have been living in the UK by 31 December 2020. 

Yes. A person may apply where the relationship has broken down permanently because of domestic violence or abuse and they have pre-settled status as a spouse, civil partner or unmarried partner, or based on a retained right of residence in the circumstances described in the supplied material. 

The applicant will be asked to provide a statement about his/her circumstances. 

Fees do not have to be paid where evidence shows that the applicant has no place to live and cannot afford one; has accommodation but cannot afford essential living costs such as food or heating; or has a very low income and paying the fee would harm the applicant or dependent child’s wellbeing

Eligible children may be included on the applicant’s form when applying from inside the UK

A separate application must be made for each eligible child coming to the UK. 

A child may qualify if they were born in the UK; have or previously had permission as the applicant’s dependent child; or were born outside the UK after the applicant obtained permission as a dependent partner. 

Yes. They must have been living with the applicant and the former partner, and they must not be married, in a civil partnership or living an independent life. 

The supplied document says a decision is usually made within 6 months of the fingerprints and photograph being provided. 

A case may take longer if supporting documents need to be verified or because of personal circumstances, such as a criminal conviction. 

A successful applicant can work, run a business, study, use public services such as healthcare and schools, apply for public funds and pensions, and later apply for British citizenship if eligible. 

A person can lose indefinite leave to remain if they stay outside the UK for more than 2 years at a time. They may need to apply before returning to the UK.