Two Year Immigration Rule and No Recourse to Public Funds

 

What is the Two Year Rule?

 

A woman seeking to enter the UK with the view to settlement as a spouse or civil partner of a person present and settled in the UK will be subject to the two year immigration rule.  During the two years (or probationary period) a woman cannot access public funds.   In terms of the immigration rules your sponsor can apply to the relevant authorities for indefinite leave allowing you to settle as a citizen of the UK prior to the end of the probationary period.

 

If the marriage or relationship breaks down due to domestic abuse during the probationary period you can make application for a visa to remain in the UK indefinitely provided you can prove that you have been abused.

 

The requirements to be met by a person who is the victim of domestic abuse and who is seeking indefinite leave to remain in the United Kingdom are that the applicant:

(i)                  was admitted to the UK 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 UK 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 such evidence as may be required by the Secretary of State to establish that the relationship was caused to permanently breakdown before the end of that period as a result of domestic violence. 

 

Since 1999 the evidence required to be produced is in the form of  (1) an injunction, non-molestation order or other protection order made against the sponsor (other than an ex-parte or interim order); (2) relevant court conviction against the sponsor;  (3) full details of a relevant police caution issued against the sponsor.  In 2002 the Government extended the concession.  If evidence of some form of court order or police caution is not available more than one form of evidence from the following list will be accepted;

 

• a letter from a GP who has examined the applicant and is satisfied they have injuries consistent with being the victim of domestic violence;
• a undertaking given to a court that the perpetrator of the violence will not approach the applicant who is the victim of violence;
• a police report confirming attendance at the home of the applicant as a result of domestic violence;
• a letter from social services confirming its involvement in connection with domestic violence; or
• a letter of support or report from a women's refuge.

IF YOU ARE A VICTIM OF DOMESTIC ABUSE WITHIN THE TWO YEAR PERIOD PLEASE OBTAIN HELP AND ADVICE IMMEDIATELY