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Can a long-term overstayer apply for settlement as a victim of domestic abuse?

Overstaying and delay do not necessarily prevent settlement

The Immigration Rules make some provision for visa-holders who are victims of domestic abuse to be granted indefinite leave to remain straight away, without completing a further qualifying period of residence.

In some cases, an applicant might have allowed their immigration permission to lapse and become an overstayer. Can a person who has overstayed in the UK for a long time since the end of their relationship apply for settlement as a victim of domestic abuse?

This post looks at the requirements for applicants inside the UK: different requirements may apply to applicants who are outside the UK.

Not all categories of dependent are covered by the Rules, but the requirements for a grant of settlement for victims of domestic abuse are now set out in Appendix Victim of Domestic Abuse (“Appendix VDA”), including the following:

The requirement to have “last been granted” permission in one of the eligible categories allows applications from people who have become overstayers and are applying from inside the UK. There is no time restriction on making such an application.

Grounds for refusal under Part 9 normally include criminality, and previous overstaying and breaches of immigration laws. However, overstaying and breaches of immigration laws are not grounds for refusal of an application made by someone inside the UK.

The Home Office guidance to caseworkers entitled Appendix victim of domestic abuse contains further guidance about how applications should be handled, including the following:

Issues for longstanding UK residents applying in this category are likely to include the following:

I recently advised an applicant who was an overstayer in the UK, having lived here since the late 1990s. She originally came to the UK with a spouse visa, but her relationship ended in 2000 and she had never renewed her leave to remain. She had been an overstayer for more than 20 years. Nevertheless, assisted by clear evidence from police records, she was granted indefinite leave to remain.

Please note that everyone’s case is different, and the information in this post is not legal advice. If you would like to discuss your case and arrange a consultation, please contact me at kf@kfimmigration.com or on 07752 722 292.

Kitty Falls, Solicitor

22 June 2024

Image by Samuel Stone from Pixabay

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