ILR as a Victim of Domestic Violence
You may be able to apply for indefinite leave to remain in the UK if your relationship has broken down because of domestic violence or abuse.
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ILR as a Victim of Domestic Violence
If your relationship with your British or Settled partner has broken down because of domestic violence, you can apply for Indefinite Leave To Remain as a victim of domestic violence.
You will need to use Form SET (DV) to apply for Indefinite Leave to Remain on the basis of domestic violence.
Anyone who has limited leave to enter or remain (also known as temporary permission) in the United Kingdom as the spouse, unmarried partner, registered civil partner or same-sex partner of a British citizen or a person present and settled in this country and whose marriage or relationship breaks down because of domestic violence, may apply to be granted settlement in the United Kingdom.
Domestic violence is classed as any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality. An adult is someone who is 18 years or over.
Family members, whether directly related, in-laws or step-family, are defined as:
- sister, and
The legal definition of violence is when any harm is done to a person by the acts or omissions of another.
Requirements for Indefinite Leave to Remain (Domestic Violence or Abuse)
The requirements to be met for indefinite leave to remain in the UK as a victim of domestic violence are that:
- the applicant must be in the UK;
- the applicant must have made a valid application for indefinite leave to remain as a victim of domestic violence;
- the applicant must not fall for refusal under any of the grounds in Section S-LTR: Suitability-leave to remain; and
- the applicant must meet all of the requirements of Section E-DVILR: Eligibility for indefinite leave to remain as a victim of domestic violence.
In order to meet the eligibility requirements for indefinite leave to remain as a victim of domestic violence the requirements of paragraphs E-DVILR.1.2. to 1.4. must be met:
E-DVILR.1.2. The applicant’s last grant of limited leave must have been:
- as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the UK;
- granted to enable access to public funds pending an application under DVILR.; or
- granted under paragraph D-DVILR.1.2.
- The applicant must evidence that during the last period of limited leave as a partner the applicant’s relationship with their partner broke down permanently as a result of the partner’s domestic violence to meet the requirements of E-DVILR.1.3.
Destitution Domestic Violence (DDV) Concession
The introduction of the Destitution Domestic Violence (DDV) concession is aimed at
protecting victims of domestic abuse, by allowing them to notify the UK Border Agency
(UKBA) that they need to access public funds while they make a claim for indefinite leave to remain as a victim of domestic violence.
Some spouses are forced to stay in abusive relationships because they are in the country on a spousal visa, and unable to access support services during the two / five years
Who is eligible for DDV?
Only those who entered the UK or were given leave to remain in the UK as a spouse, civil partner, unmarried or same-sex partner of a British citizen, or someone present and settled in the UK; and
Whose relationship has broken down due to domestic violence; and
Who are destitute and need financial help; and
Who is going to make a claim to stay permanently in the UK under the Domestic Violence Immigration Rule (Settlement DV).
What will happen to the migrant's existing leave?
This leave will last for three months and will replace a migrant’s existing leave. If they do not apply for indefinite leave to remain under the domestic violence rule within three months or make a different application for leave, their leave will come to an end and they will be required to leave the UK.
Domestic Violence ILR Application Set DV Processing Time
ILR Processing Time, from inside the UK, is usually 60 Working Days or 12 Weeks, which may extend to 120 Working Days or 24 Weeks. However, in case of Domestic Violence ILR Applications under Set DV it is not easy to predict the processing time accurately as mostly these cases are complex and as such not straightforward. As a procedure, an applicant usually receives an acknowledgement letter from the Home Office shortly after application submission. Therefore, if an applicant does not receive any further intimation then may send a follow-up letter, preferably through registered delivery. If an applicant does not receive any reply within 3–5 weeks from the Home Office then may approach local representative such as local Member Parliament to write to the Home Office on the applicant’s behalf to inquire as to the reasons for the delay.
Home Office rules for domestic violence
Home Office Rules for Domestic Violence are covered under Section DVILR of Appendix FM and Paragraph 289A of the Immigration Rules.