ILR As A Victim Of Domestic Violence

You can apply for ILR as a victim of domestic violence by using SET (DV) application form if you are on spouse / partner visa and your relationship with your British / settled spouse has broken down irretrievably as a result of incidents of domestic violence.

Need legal help and assistance with application for ILR as a victim of domestic violence from immigration solicitors in London? You can contact us and our expert team  of immigration solicitors  will provide the required legal help and assistance for your ILR application as a victim of domestic violence – SET (DV) application. Our team of immigration solicitors are experts in dealing with applications for Indefinite Leave to Remain (ILR) as a victim of domestic violence – SET (DV) applications. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration solicitors.

What Is Domestic Violence?

Domestic violence is classed as any incident of threatening behavior’s, 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:

• mother
• father
• son
• daughter
• brother
• sister, and
• grandparents.

The legal definition of injury is when any harm is done to a person by the acts or omissions of another.

Application For Leave to Remain Under The Victim Of Domestic Violence (DDV) Concession

You can apply for leave to remain for 3 months under the victim of domestic violence (DDV) concession if you want to notify the Home Office UKVI that you require access to public funds (income-related benefits), in order to find safe accommodation and support yourself before you apply for Indefinite Leave to Remain (ILR) as a victim of Domestic Violence. This is on the basis that you have been a victim of domestic violence.

The Home Office UKVI will consider whether you should be granted limited leave to allow you access to public funds. You only need to complete the form for victim of domestic violence concession leave if you need access to public funds before you submit your ILR application as a victim of domestic violence. The application for victim of domestic violence concession leave is not an application for indefinite leave to remain on the basis of domestic violence. If you are granted leave with access to public funds, this will be for a limited time of 3 months only. This is to enable you to apply for access to public funds and it will replace your current period of leave to remain.

You should submit your application for indefinite leave to remain on the basis of domestic violence within this 3 month period. If you do not submit a further application within 3 months, any leave UKVI grant you as a result of the concession will come to an end. If you qualify under this concession and you are granted limited leave, this does not guarantee that your application for indefinite leave to remain will be successful.

Who Can Apply For ILR As A Victim Of Domestic Violence?

You can apply for ILR as a victim of domestic violence if:

• you are a victim of domestic violence;
• your leave to remain in the UK is as a spouse, unmarried partner, registered civil partner or same sex partner of a British Citizen, a person settled in the UK, or a person with refugee leave;
• your relationship with the British or settled partner has broken down irretrievably as a result of domestic vioence.

What Are The Requirements For ILR As A Victim Of Domestic Violence?

The requirements to be met for indefinite leave to remain (ILR) 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.

The Immigration Rules do not require the applicant to pass the Knowledge of language and life test when applying for ILR as a victim of domestic violence.

What Are The Eligibility Requirements For ILR As A Victim Of Domestic Violence?

To meet the eligibility requirements for indefinite leave to remain as a victim of domestic abuse all of the requirements of paragraphs E-DVILR.1.2. and 1.3. must be met.

According to paragraph E-DVILR.1.2, the applicant’s first grant of limited leave under Appendix FM must have been granted as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person with refugee leave, under paragraph D-ECP.1.1., D-LTRP.1.1. or D-LTRP.1.2. of Appendix FM or as a partner of a refugee granted under paragraph 352A, and any subsequent grant of limited leave must have been:

• granted as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person with refugee leave under paragraph D-ECP.1.1., D-LTRP.1.1. or D-LTRP.1.2. of this Appendix; or
• granted to enable access to public funds pending an application under DVILR and the preceding grant of leave was granted as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person with refugee leave under paragraph D-ECP.1.1., DLTRP.1.1. or D-LTRP.1.2. of this Appendix; or
• granted under paragraph D-DVILR.1.2.

According to paragraph E-DVILR.1.3, 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.

Non-Molestation Order As A Victim Of Domestic Violence

If you are a victim of domestic violence, you can apply for non-molestation order through our expert team of divorce & family law solicitors. Such non-molestation order can be submitted as evidence in support of your ILR application as a victim of domestic violence.

Can I Be Granted Limited Leave Instead Of ILR As A Victim Of Domestic Violence?

The applicant can be granted limited leave to remain for 30 months if the applicant meets the eligibility criteria as a victim of domestic violence but does not meet the suitabilit criteria as set out in paragraphs S-LTR.1.5 and S-LTR.1.6.

S-LTR.1.5. The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.

S-LTR.1.6. The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-LTR.1.3. to 1.5.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.

How Can We Help?

As your legal representative, our specialist immigration solicitors can represent you in your application for ILR as a victim of domestic violence and carry out all the work on your application until a decision is received from the Home Office UKVI. If instructed to represent you regarding your ILR application as a victim of domestic violence, the immigration casework to be carried out by our immigration solicitors may include the following:

• Assessing your eligibility for ILR as a victim of domestic violence by considering all your personal circumstances;
• Advising you on the weaknesses and strengths of your ILR application as a victim of domestic violence;
• Advising you on the relevant documents to be submitted in support of your ILR application;
• Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
• Completing and submitting the online application form to apply for ILR as a victim of domestic violence by gathering all the relevant information from you;
• Helping you with paying the ILR application fee online;
• Booking your appointment with the application centre for enrolment of biometrics;
• Preparing a detailed witness statement of the applicant explaining the incidents of domestic violence and how such incidents resulted in breaking down of relationship irretrievably;
• Preparing a detailed cover letter to introduce and support your ILR application;
• Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
• Liaising with the Home Office UKVI for a timely decision on your ILR application.

Our Fixed Fees Applications As A Victim Of Domestic Violence

The agreed fixed fee will depend on the complexity of the application and the volume of casework involved in the application. In addition to our fixed fee for legal services in relation to your application, the applicant will also have to pay the Home office UKVI fees for your application.