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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Status:

This is the original version (as it was originally enacted).

Immigration: victims of domestic violence and indefinite leave to remain

This section has no associated Explanatory Notes

28(1)Civil legal services provided to an individual (“V”) in relation to an application by V for indefinite leave to remain in the United Kingdom on the grounds that—

(a)V was given leave to enter or remain in the United Kingdom for a limited period as the partner of another individual present and settled in the United Kingdom, and

(b)V’s relationship with the other individual broke down permanently because V was the victim of domestic violence.

General exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

(3)The services described in sub-paragraph (1) do not include attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on an application.

Definitions

(4)For the purposes of this paragraph, one individual is a partner of another if—

(a)they are married to each other,

(b)they are civil partners of each other, or

(c)they are cohabitants.

(5)In this paragraph—

  • “cohabitant” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act);

  • “domestic violence” means any incident of threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other (within the meaning of section 62 of the Family Law Act 1996);

  • “indefinite leave to remain in the United Kingdom” means leave to remain in the United Kingdom under the Immigration Act 1971 which is not limited as to duration;

  • “present and settled in the United Kingdom” has the same meaning as in the rules made under section 3(2) of the Immigration Act 1971.

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