Could someone kindly help me with this...
I came to the U.K. in early 2015 on visiting visa with two of my kid. We overstayed due to certain issues back home then I claimed asylum in early 2017. I had a British child during asylum claim and I was granted leave as a parent on family and private life at initial decision. I didn’t appeal asylum refusal( I was not experienced).
The father of my child and I got in civil partnership a year later and I switched to partner visa. Unfortunately, the relationship has broken down due to domestic violence. I have non molestation order, police caution evidence, gp report, witness report etc to support my claim.
The problem is that I’m not sure if I’m eligible to go down this route and apply for ilr under domestic violence as the HO guidance says that the applicants first grant under appendix FM should’ve been as a spouse but I was already granted as a parent during asylum before switching to spouse.
Am I still eligible to apply? Or have I interpreted the eligibility criteria wrong?
Someone kindly help me