The following Immigration practice note Produced in partnership with Jo Renshaw of Turpin Miller provides comprehensive and up to date legal information covering:
The Immigration Rules relating to applications for indefinite leave to remain (ILR) following a breakdown of a relationship as a result of domestic violence during the probationary period can be found at:
Immigration Rules, Part 8, paras 289A‒289D—for those granted leave as a spouse, civil partner, unmarried or same-sex partner under Part 8
Immigration Rules, Appendix FM, paras DVILR.1.1‒D-DVILR.1.3—for those granted leave as a partner under Appendix FM
Note that these rules only cover those whose sponsoring partner is a British citizen, has settled status, refugee leave or humanitarian protection. It does not cover partners of those with leave to enter or remain as a fiancé(e)/proposed civil partner.
If an application under the rules is successful, the applicant partner will usually be granted ILR. There is provision for a grant of limited leave to remain in some circumstances where the applicant partner has previous convictions or has admitted criminal conduct.
As with bereaved partners, applicant partners on this basis are not subject to an automatic bar on applying if they have overstayed their last leave in circumstances where the Immigration Rules, Part 1, para 39E does not apply. Nor do they have to meet the Knowledge of Language and Life in the UK (KoLL) requirements.
Note that the Practice Note provides a summary of the relevant rules and some key practical issues. A detailed analysis of how the
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