Indefinite Leave to Remain as a Victim of Domestic Violence: Requirements and Application Process
If you are a victim of abuse and violence in your relationship with your British or Settled partner has broken down, you can apply for Indefinite Leave to Remain (ILR) in the UK. Here is what you need to know about the requirements and application process.
Definition of Domestic Violence
Domestic violence is defined 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 stepfamily, are defined as:
- mother
- father
- son
- daughter
- brother
- sister
- grandparents
ILR Requirements for Domestic Violence Victims
To be eligible for ILR as a victim, you must:
- be in the UK.
- make a valid application for ILR as a victim of violence in a domestic relationship using Form SET (DV)
- not fall under any of the grounds in Section S-LTR: Suitability-leave to remain.
- Meet all of the requirements of Section E-DVILR: Eligibility for indefinite leave to remain as a victim of abuse.
Eligibility Requirements for DVILR
To meet the eligibility requirements for ILR as a victim of domestic violence, you must meet the requirements of paragraphs E-DVILR.1.2. to 1.4., which include:
- having been granted limited leave as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the UK or having been granted limited leave to enable access to public funds pending an application under DVILR or under paragraph D-DVILR.1.2.
- providing evidence that your relationship with your partner broke down permanently as a result of their violent acts towards you during the last period of limited leave as a partner.
Destitution Domestic Violence (DDV) Concession
The DDV concession is aimed at protecting victims of domestic abuse by allowing them to access public funds while they make a claim for ILR claim on the basis of being violently abused in a relationship
To be eligible for DDV, you must:
- have entered the UK or been 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.
- have experienced abuse that led to the breakdown of your relationship.
- be destitute and in need of financial help.
- be making a claim to stay permanently in the UK under the Domestic Violence Immigration Rule (Settlement DV).
Processing Time for Domestic Violence ILR Applications
You can generally expect a response within 6 months. However, if your application is intricate and requires additional time, such as supporting documents needing verification or the necessity of an interview, you will be notified by your Solicitor.
If you do not receive any reply within a reasonable time, you may approach your case worker/ solicitor who can then reach out to Home Office and enquire about the time delay and then, if necessary, they can issue a PAP (Pre-Action Protocol) letter on your behalf to The Home Office. However, domestic violence cases are often intricate and not straightforward meaning setting a definitive timeframe on your case may be difficult.
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.
Get in Touch with Us
Hire our specialist immigration lawyer to help you through this process and ensure a successful outcome for your Indefinite leave to remain application. Contact us today to learn more about our services and how we can help you with your immigration matter.
