Application for ILR without dependant partner

[malikhervas]

Hi All,

I'm hoping someone can offer some advice, my sister is midway through her two-year temporary permission to remain in the UK as the partner of a permanent resident. She's looking to apply for her ILR at some point but is having a major relationship breakdown with her husband, who is a British Passport holder. Her visa clearly states 'dependant of Mr. XXX YYY', she's looking to separate as it's becoming unbearable but is really worried, she will need him to apply for the ILR. Is this the case? Or can she apply independently?


Many thanks

[zahid.ali.anwar]

Sorry to hear about the poor lady.

Unfortunately she cannot apply independently for ILR. She has to be with her husband before apply for ILR.

In case she is a victium of Domestic Voilance, she can register a police complain, and can apply under domestic voilance victum. She will be granted ILR after spending 5 years in this category.

This is my opnion and other can differ...

[malikhervas]

Hi all,

I posted on this issue last year. Is there any alternative to that suggested above?


Many thanks in advance.

[Greenie]

The advice above is incorrect. If the marriage has broken down due to domestic violence then the spouse can apply for ilr directly on this basis. It doesn't take 5 years.

However you have not mentioned that domestic violence is the reason for the break down in the marriage. If this is not the reason or it is not documented she cannot apply for ilr in her own right. She would have to seek advice as to whether there are any other categories for which she qualifies.

[Smam]

Hi

I really feel sorry for your sister who's going through a these terrible times.

To the best of my knowledge she wont be able to apply for ILR on her own even if she got affected from domestic voilence she has to prove to the HO by giving evidence for example police reports against her husband saying that she's a victim of domestic voilence and then the HO will do their enquiries for the reason of that domestic voilence and other issues regarding your sisters relationships, its not all that simple that if a husband slaps her wife in self defence it'll come under the bracket of domestic voilence that's just not the case to the best of my knowledge as I have done a little bit of reaading of Sojomournour Project,other wise it looks simply impossible to me for her to apply ILR on her own.

Hope this will answer your question.

[Greenie]

What complete nonsense. The home office do not look at the 'reason behind the domestic violence' police reports are not an absolute requirements either if there is other evidence. However the OP has not mentioned domestic violence so perhaps we should wait for a further post from him or her. Smam i don't understand how you can make the assertion that the lady concerned is unable to make an application when very little information has been given about her circumstances.

[Smam]

Hi

I am not making any assertions at all I am just sharing my knowledge I've come accross a similar case in my previous experience and the HO has said that you are not going to be get eligible for an ILR straight away on domestic voilence if the case only if the case is or the applicant has suffered any domestic voilence than the applicant has to prove it to the HO I just gave an example of police reports cause I believe in most domestic voilence related cases by one or by other means the Law gets involved and I think to the best of my understanding that's the only way to prove it that the person is a real victim of a domestic voilence other wise getting an ILR just by saying that oh can I get my ILR on my own as I am a victim of domestic voilence the claim looks so weak to be believe by the HO unless and untill they'll make strong further enquiries about the applicant calims of domestic voilence.

[Greenie]

Hi

I am not making any assertions at all I am just sharing my knowledge I've come accross a similar case in my previous experience and the HO has said that you are not going to be get eligible for an ILR straight away on domestic voilence if the case only if the case is or the applicant has suffered any domestic voilence than the applicant has to prove it to the HO I just gave an example of police reports cause I believe in most domestic voilence related cases by one or by other means the Law gets involved and I think to the best of my understanding that's the only way to prove it that the person is a real victim of a domestic voilence other wise getting an ILR just by saying that oh can I get my ILR on my own as I am a victim of domestic voilence the claim looks so weak to be believe by the HO unless and untill they'll make strong further enquiries about the applicant calims of domestic voilence.

So you know of one case and you think that therefore you have sufficient knowledge to comment? You are mistaken as to your understanding. Many DV victims never go to the police so there is no absolute requirement for a police report, as other evidence can be provided instead. In any case, the OP has not even mentioned domestic violence so there is no point speculating any further until he or she posts further information.

[malikhervas]

Many thanks all, really appreciated.

To add to this, domestic violence was involved at times and this application route may be pursued.

Since the incident was not reported at the time, is there any sort of other evidence that can be used other than the police report?

[geriatrix]

See Further types of evidence (page 23/34).