Victim of domestic violence gets indefinite leave to remain after marriage ends

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
15 March 2019

We have acted for a man who was a victim of domestic violence.  He was a Nigerian national who came to the UK to study and was granted leave to remain on that basis.  He then met his British wife and he was granted leave to remain as a spouse of a British citizen.  The marriage ended because he was a victim of domestic violence as the wife was violent and abusive towards him. He moved from the family home and lodged a divorce petition for this reason.  We made the application following the Home Office guidance on domestic violence and abuse.  We satisfied the authorities that the applicant was suffering from a pattern of abuse and violence physically and psychologically and on the balance of probability the marriage ended because he was a victim of his wife’s violent and abusive behavior. On that basis we argued that he should be granted indefinite leave to remain.