ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 28 Immigration: victims of domestic violence and indefinite leave to remain
905.Paragraph 28(1) brings within the scope of civil legal aid services in relation to an application for indefinite leave to remain on the grounds that an individual has been granted leave to enter or remain in the United Kingdom for a limited period as the partner of someone present or settled in the United Kingdom and the relationship has broken down permanently because the individual was the victim of domestic violence. This means that individuals applying for indefinite leave to remain in the United Kingdom under rules 289A to 289C of the Immigration Rules (indefinite leave to remain in the United Kingdom as the victim of domestic violence) will be within the scope of civil legal aid.
906.Sub-paragraph (2) applies the exclusions in Parts 2 and 3 of the Schedule. Advocacy before the First-tier Tribunal and the Upper Tribunal for these cases is in scope by virtue of paragraphs 13 and 15 of Part 3 of Schedule 1. Sub-paragraph (3) provides a specific exclusion from this paragraph for attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on the application described in sub-paragraph (1).