Victims of Domestic Abuse

You Are Not Alone

If you are experiencing domestic abuse and are concerned about your immigration status, it is important to know that there are legal protections available to you. Your immigration status does not have to keep you in an abusive relationship. Specialist legal advice can help you understand your options and take the steps you need to protect yourself and, where applicable, your children.

Naila Kosar is a specialist immigration solicitor with extensive experience in advising victims of domestic abuse on their immigration position. She understands the particular vulnerabilities and pressures that clients in this situation face and will handle your case with the care, sensitivity, and confidentiality it deserves. Her background in human rights practice informs her approach to every case.

The Victim of Domestic Abuse Route

The Victim of Domestic Abuse route under the Immigration Rules provides a pathway to settlement in the UK for people whose relationship has broken down permanently as a result of domestic abuse. If granted, you will receive Indefinite Leave to Remain, giving you the right to live and work in the UK permanently without any immigration conditions attached to your stay.

This route is specifically for people who have previously been granted permission to be in the UK as a partner on a qualifying route. This includes those on the partner route under Appendix FM, those with pre-settled status under the EU Settlement Scheme as a spouse, civil partner, or durable partner, partners of those with refugee status, and partners under the Armed Forces route. If you are unsure whether your previous permission falls within the eligible categories, Naila will advise you at the outset of your case.

The route is not available to those who have never had permission as a partner on one of the specified routes. However, where this is the case, it may still be possible to apply on the basis of family or private life under Article 8 of the European Convention on Human Rights, and Naila will advise on whether that alternative route is available.

Applying From Within the UK

In most cases, the application must be made from within the UK. You do not need to demonstrate knowledge of life in the UK to qualify under this route, which simplifies the application compared to other settlement routes.

If You Have Been Abandoned Overseas

If you have been taken abroad and abandoned there by your partner, you may still be able to apply under this route from outside the UK. This situation is known as transnational marriage abandonment, and it is specifically recognised within the Rules. Victims in this position often face significant additional barriers and vulnerabilities, and Naila will advise sensitively on the particular requirements that apply and the evidence that will be needed to support an application from abroad.

Dependent Children

Dependent children under the age of 18 can also apply under this route at the same time as their parent. A dependent child over the age of 18 may also be eligible in certain circumstances. If you are making an application and have children, Naila will advise on including them in your application and what is required for their cases.

Fee Waiver

There is no requirement to pay the application fee if you are destitute or cannot afford to do so as a result of your circumstances. The Home Office recognises that victims of domestic abuse, including those who have experienced financial or economic abuse, may face particular barriers in evidencing their financial position and takes a sensitive approach to fee waiver requests in this context. Naila will advise on whether a fee waiver is available to you and how to approach it in your individual circumstances.

The Migrant Victims of Domestic Abuse Concession

If you need to leave an abusive situation urgently and cannot remain in your home while waiting for a settlement application to be decided, the Migrant Victims of Domestic Abuse Concession may provide a period of temporary support while your application is being prepared and considered. This concession exists specifically to ensure that victims are not trapped in abusive situations by concerns about their immigration status or finances. Naila can advise on whether the concession is available to you and how it fits within the overall application process.

Confidentiality and Safety

Naila understands that safety and confidentiality are paramount for clients in this situation. All advice is given in complete confidence. If you are concerned about making contact safely, please let Naila know when you get in touch and she will discuss how to communicate in a way that is safe for you.

How Naila Kosar Can Help

Naila provides a complete advisory and application service for victims of domestic abuse, from an initial confidential assessment of your immigration position through to the preparation and submission of a fully supported settlement application. This includes advising on eligibility, the fee waiver process, the evidence required to demonstrate domestic abuse, the position of dependent children, and any available alternative routes where the main route is not accessible.

Naila operates on a private fee basis and details of her fees are set out on the main immigration page.

Contact Naila Kosar

If you are in an abusive situation and are concerned about your immigration status, please contact us to arrange a confidential consultation. You do not have to face this alone and legal advice can make a significant difference to the outcome of your case.

Our offices in Manchester (Burnage) and Stockport (Heaton Moor) are easily accessible, and Naila represents clients throughout the United Kingdom.