Concessions  -  Leave to Remain Outside the Immigration Rules   Page 2 Copyright Sarah Branson. March 2005 - All rights reserved. No part of this document may be copied or used without the written permission of the author.

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Such evidence as may be required by the Secretary of State 

If you are aware a client does not have settled status and is within the probationary period of the marriage, it is worthwhile noting the evidence required to satisfy the Secretary of State.

A final non-molestation order or conviction of violence or details of a full caution issued by the police officer would satisfy the requirements without further investigation.  However, more than one of the following will also satisfy the Home Office;

-                      a medical report from a hospital doctor confirming that the applicant has injuries consistent with being a victim of domestic violence;

-                      a letter from a family practitioner who has examined the applicant and is satisfied that the applicant has injuries consistent with being a victim of domestic violence;

-                      an undertaking given to a court that the perpetrator of the violence will not approach the applicant who is the victim of the violence;

-                      a police report confirming attendance at the home of the applicant as a result of a domestic violence incident;

-                      a letter from a social services department confirming its involvement in connection with domestic violence;

-                      a letter of support or report from a women's refuge. 

A spouse of a British Citizen who is within the two year probationary period has no recourse of public funds.  Therefore, careful consideration should be given to an application for an occupation order removing the British spouse from a property in these circumstances.  If the tenancy is a council or housing association tenancy allocated by the Local Authority, this is classed as a “public fund”.  A successful occupation order ousting the British spouse may therefore lead the Local Authority to bring possession proceedings on the basis that the person in occupation has no right to the property or tenancy.  This will also apply to applications for a transfer of tenancy.

Victims of domestic violence who have no recourse of public funds often find themselves in an impossible position.  There are some charities such as Women’s Aid that can provide limited funding and/or free refuge places to women in this position. 

 

Enforcement against people with children with long residence in the UK (Children’s Concession)

This is covered by Home Office policy DP/069/99 and relates to where an enforcement procedure is being taken again parents of a child with long residence in the UK, who do not qualify under either of the long residency concessions above.  The usual policy is that an enforcement procedure will not progress against the family if a child of the family was either born here and has lived here continuously for more than seven years, or came to the United Kingdom at an early age and has lived here for a period of more than seven years. 

Although this is the usual policy, the Home Office will take into account the following when considering whether to exercise its discretion.

-                      The age of the children

-                      The length of the parties’ residence in the UK without leave

-                      Whether the parents have evaded immigration control and delayed removal.

-                      Whether the children were conceived when the parents had leave.

-                      Whether removal had been delayed by repetitive representations.

-                      Whether there is a history of criminal behaviour or deception.

-                      Whether return to the country of origin would lead to hardship for the children.

-                      Whether the child’s health would be put at risk by return.

  

 

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