Abandoned abroad by your partner? You’re not alone – the Home Office is here.
In fact, the Home Office has created a new immigration route that leads to immediate settlement (also known indefinite leave to remain, or ILR). This route is called Transnational Marriage Abandonment.
Each year, thousands of visas are granted to foreign nationals so they can join their partners in the UK. But for some, ‘happily ever after’ can take a dark turn.
WHAT IS TRANSNATIONAL MARRIAGE ABANDONMENT?
Transnational Marriage Abandonment refers to the process by which a Sponsor or their family member abandons their visa holding partner abroad and they take steps to prevent their return to the UK. Although concerns have been raised for years, it was not until R on the application of AM v SSHD [2022] EWHC 2591 (Admin) that the Home Office was compelled to create an official route for these victims, which opened on 31.01.2024.
Examples of what this can entail include:
- Taking the victim’s documents (such as a passport, BRP, or other identity/immigration documents) away from them
- Saying they will handle all the immigration paperwork, but instead of filing an extension/variation application, they let their partner’s visa lapse
- Telling the Home Office that the relationship broke down (in order to get their partner’s visa cancelled)
- Making sure that the victim is outside the UK when their visa is about to expire, so they do not have a valid visa to re-enter the UK
- Delaying the victim’s return to the UK until the visa has expired or lapsed
- Not providing money or means for the victim to return to the UK (if they travel outside the UK)
REQUIREMENTS
Full requirements are listed in Immigration Rules Appendix Victim of Domestic Abuse. In brief, the main requirements are that an applicant must:
- Meet the suitability requirements
- Have last been granted leave based on their relationship (to someone who is a British citizen, has indefinite leave in the UK, is an EEA national who has leave under the EU Settlement Scheme (and the victim had leave under Appendix FM rather than the EU Settlement Scheme), is a refugee, or is a member of HM Armed Forces
- Relationship has broken down as a result of domestic abuse – note; the abuse could have come from another family member, for example. Also, being abandoned abroad is, itself, a form of domestic abuse even if nothing else has happened.
- The standard of proof is the “reasonable degree of likelihood”
- Been abandoned outside the UK
HOME OFFICE FEES & OUTCOME
The current fee is £2,885. However, fee waivers are available if you are eligible.
If your application is successful, you will be granted indefinite leave to enter the UK (immediate settlement).
HOW CAN WE HELP YOU?
Our experienced immigration advisors can have a consultation with you to discover if you are eligible for this route and if so, how to show that you meet the requirements. We can also discuss the application process and what to expect.
Call us today for more information at 0208 995 3556. You can also email info@descartessolicitors.co.uk.
By Tiffany Carpenter
11.04.2024