Paragraphs 289A, 289B, 289C and 289D of the Immigration Rules on Domestic Violence

The following is an extract as of today’s date of the Immigration Rules relating to Victims of Domestic Violence in the United Kingdom comprising paragraphs 289A, 289B, 289C and 289D of the Immigration Rules. If you suspect that you are the victim of Domestic Violence and you have concerns relating to your immigration status, call our specialist immigration law team on 020 8401 7352 to discuss your circumstances.

Victims of domestic violence

 

Requirements for indefinite leave to remain in the United Kingdom as the victim of domestic violence
289A. The requirements to be met by a person who is the victim of domestic violence and who is seeking indefinite leave to remain in the United Kingdom are that the applicant:

(i) was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled here; or;

(ii) was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled here; and

(iii) the relationship with their spouse or civil partner or unmarried partner or same-sex partner, as appropriate, was subsisting at the beginning of the relevant period of leave or extension of stay referred to in (I) or (ii) above; and

(iv) is able to produce evidence to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence; and

(v) DELETED

Indefinite leave to remain as the victim of domestic violence

289B. Indefinite leave to remain as the victim of domestic violence may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 289A is met.
Refusal of indefinite leave to remain as the victim of domestic violence

289C. Indefinite leave to remain as the victim of domestic violence is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 289A is met.

289D. If the applicant does not meet the requirements for indefinite leave to remain as a victim of domestic violence only because paragraph 322(1C)(iii) or 322(1C)(iv) applies, they may be granted further limited leave to remain for a period not exceeding 30 months and subject to such conditions as the Secretary of State deems appropriate.

Applying for a UK visa from Australia

Applying for a UK visa from Australia

 

During March 2014, VFS Global will take over running the visa application service in Australia.

New UK visa application centres will open in:

  • Sydney
  • Melbourne
  • Brisbane
  • Perth
  • Canberra

The British High Commission or British consulates will no longer provide a visa biometric enrolment service.

Priority service

You can choose to buy a priority visa service to fast track your application. Priority applications will be placed at the front of the queue to be processed. The priority service fee is £100 for non-settlement applications and £300 for settlement applications. You can only pay for the service online before visiting the biometric enrolment centre. You must bring your priority visa service receipt with you when you attend your appointment. You cannot purchase the priority service at the biometric enrolment centre in Adelaide.

Use of the priority visa service is optional and does not imply or guarantee that your visa application will be successful. All visa applicants must meet the requirements of the UK Immigration Rules. The fee for the priority service and the visa application fee are not refundable if your visa application is refused.

Priority service processing times

We aim to process all non-settlement priority visa service applications made in Australia within 5 working days and all settlement applications made in Australia within 10 working days.

Your application may take longer if you:

  • do not include the priority service receipt with your application, or you submit it afterwards. Please ensure this receipt is stapled to the front of the application form, and write ‘priority’ on the front of your envelope
  • have previously been refused a visa for the UK, or refused leave to enter the UK
  • have previously been deported, removed, or otherwise required to leave the UK
  • have overstayed a period of leave in the UK
  • have previously been refused a visa for Australia, Canada, New Zealand, USA or the Schengen countries
  • have been convicted of a criminal offence in any country
  • do not submit all relevant documentation with your application

If you are wanting to apply for a UK visa from Australia and you suspect that your application may take longer due to any of the reasons listed above or for some other reason then you may well benefit from having expert legal advice and assistance. We are specialists in all aspects of UK immigration law and policy and provide a boutique service to select clients. Email us your enquiry to info@solicitorsfirm.com and we will respond promptly with sensible and useful advice.

National Preventive Mechanism concerned over treatment of migrants in detention in UK

National Preventive Mechanism concerned over treatment of migrants in detention in UK

 

 

Monitoring places of detention, the annual national report by the UK’s National Preventive Mechanism published last week, raises concerns about the treatment of migrants in the UK during the removal phase, stating that the use of force and restraint is disproportionate. The report also cites examples of unprofessional behaviour by escorts who used very offensive language in front of migrants detained.

The monitoring body also shows concern about the fact that there are no recognised safe procedures for the use of restraint in an aircraft when a migrant is being removed from a country. According to the report, the UK Border Agency should ensure that escorting staff receive full accredited training on the use of force and on child protection.

The report also states that there are cases of migrants experiencing aggressive behaviour on arrival by officials in their destination country. There are also cases of a lack of information on the migrants’ home country to help prepare for return.

According to the report, there has been a 4% increase in the number of people entering immigration detention centres when compared to the previous year. Of those leaving the immigration detention centres, 60% were removed from the UK.

The UK’s National Preventive Mechanism was established to monitor the UK’s obligations under the UN Optional Protocol to the Convention against Torture. The report covers the period April 2012 to March 2013 and examines other places of detention, not only immigration detention.

Syria is now the main country of origin of asylum seekers in the 44 industrialised countries

Sharp rise of asylum applications from Syrians in industrialised countries

 

Syria is now the main country of origin of asylum seekers in the 44 industrialised countries addressed in UNHCR’s Asylum Trends 2013 report. Around 56,400 Syrians sought protection in these 44 states in 2013, which is more than double the number of asylum seekers from that country in 2012 (25,200 claims) and six times more than in 2011 (8,500 claims). UNHCR stresses that the 2013 level is the highest amount of protection claims recorded by a single group in one year among the industrialised countries since 1999.

Sweden (16,300 claims) and Germany (11,900 claims) received the most asylum seekers from Syria and Bulgaria, the Netherlands, the UK and Austria were also important destination countries for Syrians. With the exception of five countries (Cyprus, Finland, Japan, Latvia and New Zealand), asylum applications from Syrians increased in all industrialized countries. Turkey, with 649,302 Syrian registered refugees,hosts the most refugees fleeing the crisis in Europe.

484,600 asylum claims were registered in the 38 European countries in 2013, the highest number since 2001. This represents a 32% increase from 2012, both in the EU and the wider Europe, the report states. According to the report between 2009 and 2013, amongst the European countries, Germany received the largest number of new asylum seekers (288,800 claims), followed by Sweden (138,800 claims), and the UK (138,800 claims).

After Syria, people fleeing the Russian Federation, Afghanistan, Iraq, and Serbia (including Kosovo), were the largest groups seeking refuge in the 44 industrialized countries in 2013.

For further information:

Germany, France, Sweden, Italy and the UK registered 70% of all asylum applicants in 2013

Five countries received 70% of all asylum applications registered in the EU in 2013

 

435,000 asylum applicants were registered in the EU28 last year, nearly 100,000 more asylum seekers than in 2012, according to a Eurostat report published this week. Germany, France, Sweden, Italy and the UK registered 70% of all applicants registered in the EU in 2013, the report states. Syria was the main country of citizenship of asylum applications, amounting to 12% of the total number of applicants.

When compared on the basis of population per Member State, Sweden received the most asylum seekers, with 5,700 asylum applicants per million inhabitants. Sweden is also the country hosting the largest number of asylum seekers from Syria (16,540 asylum seekers), followed by Germany (12,885 Syrian asylum seekers).

Swedish Immigration Minister has said, “We don’t think it is right and proper that so few of the 28 member states are making such a huge effort when a lot of you are just sitting by the ring side. That is not sustainable.”

When referring to current numbers of asylums seekers in Sweden, the Minister stated that “we are not talking about huge numbers yet”. “Syria will be with us for a very long period of time … It is all a question if you have the political will in individual member state governments”, concluded the Minister.

After Syria, the main countries of citizenship of asylum applicants in Europe in 2013 were Russia (41,000, or 10%), Afghanistan (26,000, or 6%), Serbia (22,000, or 5%), Pakistan (21,000, or 5%) and Kosovo (20 000, or 5%).