Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.
Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.
If you are experiencing domestic violence and came to the UK on a spouse or partner visa, you can apply for Indefinite Leave to Remain right away under the “domestic violence rule”. An application can be made at any time during the probationary period (you do not have to wait until it comes to an end) and even if you overstayed your visa.
You will be entitled to ILR if:
- You are currently on, or were on, a spousal or partner visa and,
- You can provide evidence that your relationship broke down permanently due to domestic violence during the probationary period; and
- You meet the suitability criteria. This includes being free from unspent convictions and a range of other behaviour.
It is important that you report any incidents of domestic abuse to the police, disclose your injuries or the mental impact to your doctor and seek support from local domestic abuse organisations. This will help you with the evidence that will be required for the ILR application.
You can still make an application even if you have overstayed your spousal/partner visa. You can also make an ILR application even if you do not have supporting evidence by writing an accompanying support letter setting out your case. Citizens Advice Bureau, domestic abuse services or legal representatives can help you with this if you cannot do it yourself. However, without proof your chance of success is reduced.
Usually migrants on spousal/partner visas do not have access to public funds. Hence, if they want to find safe accommodation and support yourself before making the application you can apply for support under the Destitution Domestic Violence Concession (DDVC). If successful, you will be granted 3 months leave to remain in the UK whilst your ILR application is under consideration and will have access to welfare benefits.
If your ILR application is refused, you will be able to challenge it through administrative review.
If it is successful, you will be granted permanent right to live, study and work in the UK and access housing support and welfare benefits.
