You can apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence if:

  • you have current leave to remain as spouse, unmarried partner, civil partner or same sex partner of a British Citizen or a settled person; and
  • your relationship has genuinely broken down as a result of domestic violence during your probationary period of leave.

There are no provisions in the Immigration Rules to grant someone entry to the UK as a victim of domestic violence. The rules only allow for someone who is already in the UK to be granted ILR, or if they do not meet the requirements because of an unspent conviction, limited leave for a period of up to 30 months. Dependants of the person applying as victim of domestic violence are considered by the Home Office, UKVI in line with the main applicant. An application for ILR as victim of Domestic Violence is made using application form SET (DV).

What Is Domestic Violence?

The government introduced a new definition of domestic violence from 31 March 2013. The definition of domestic violence and abuse is:  

  • any incident or pattern of incidents controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality - this can include, but is not limited to, the following types of abuse:
    • psychological
    • physical
    • sexual
    • financial
    • emotional
  • controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by:
    • isolating them from sources of support
    • exploiting their resources and capacities for personal gain
    • depriving them of the means needed for independence
    • resistance and escape
    • regulating their everyday behaviour
  • coercive behaviour is:
    • an act or a pattern of acts of assault, threats, humiliation and intimidation
    • other abuse that is used to harm, punish, or frighten their victim 

According to the Home Office, UKVI Guidance, there is no difference between psychological (mental) abuse and physical abuse when it comes to assessing if a person has been the victim of domestic violence.

The domestic violence can be either from the partner of the applicant and/or his/her family members, whether directly related, in-laws or step-family. The family members include:

  • 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.

Is Knowledge Of Language and Life Required To Apply For ILR As Victim Of Domestic Violence?

Knowledge of language and life is not required under the victims of domestic violence rules. Applicants who can prove they are destitute are also exempt from paying the application fee for indefinite leave to remain as a victim of domestic violence.

Why Sunrise Solicitors For SET (DV) Application - ILR As A Victim Of Domestic Violence?

The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for Indefinite Leave to Remain (ILR) as victim of domestic violence. The quality of our service is self-evident from the clients' reviews about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration solicitors in London, Manchester or Birmingham in relation to your ILR application as a victim of domestic violence and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence, the casework to be carried out by our immigration solicitors will include the following:

  • Taking detailed instructions from you and advising you about the relevant immigration laws and procedures to be adopted by the Home Office, UKVI in your application for ILR as victim of domestic violence;
  • Assessing the relevant circumstances and evidence pertaining to the incidents of domestic violence and advising you on the same as per the Home Office rules and guidance;
  • Discussing your application for ILR as domestic violence in detail with you and advising you about the weaknesses and strengths of your SET (DV) application;
  • Advising you about the documentary evidence to be submitted in support of your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence;
  • Checking all the documents to be submitted in support of the application and discussing the same with you;
  • Completing SET (DV) form and discussing the same with you;
  • Preparing a detailed cover letter to introduce and support your application for ILR as victim of domestic violence;
  • Liaising with the Home Office, UKVI for a timely decision on your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence;
  • Protecting your interests while your application is pending with the Home Office and keeping you informed about the progress on your SET (DV) application;
  • Doing all the follow up work until decision is reached on your SET (DV) application.

Our Fee For ILR As A Victim Of Domestic Violence - SET (DV) Application

  • We will charge you a fee from £1,000 + VAT for our professional immigration services in relation to your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence - SET (DV) application. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly instalment.
  • The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee etc.

Other Related Family Law Services

 

FAQs: SET (DV) - FAQs

You should use application form SET (DV) to apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence.

From 1 April 2012, those who meet the DDV concession criteria are granted 3 months leave outside the immigration rules (LOTR) with a condition code that does not restrict access to public funds.

Only those eligible to apply for leave under section DVILR of Appendix FM or paragraph 40 of Appendix Armed Forces are eligible for the DDV concession.

The concession applies to either those who:

  • were first granted leave to enter or remain in the UK as the spouse, civil partner, unmarried or same-sex partner of a British citizen under D-ECP.1.1., D-LTRP.1.1, D-LTRP.1.2 (other than as a partner of a person in the UK with limited leave, a fiancé(e) or proposed civil partner), or D-DVILR.1.2 of Appendix FM of the Immigration Rules
  • from 1 December 2013 were last granted leave under paragraph 23, 26, 28 or 32 of Appendix Armed Forces and are the partner of a member of HM forces who is British, settled, still serving and considered exempt from immigration control and has at least 4 years’ service as a regular, or was granted limited leave to remain on discharge

and

  • claim that their relationship with their spouse, civil partner, unmarried or same sex- partner has broken down as a result of domestic violence
  • claim to need access to funds in order to leave the relationship
  • intend to apply for indefinite leave to remain as a victim of domestic violence under paragraph 40 of Appendix Armed Forces or section DVILR of Appendix FM

To benefit under the destitution domestic violence (DDV) concession, victims of domestic violence and abuse who need access to public funds, must complete and submit the LOTR (DVV) form to the Home Office by email.

Postal applications will be accepted, although processing times are likely to be longer. Postal applications should be sent to:

DV Duty Officer
Dept 81
Blue Zone,
5th Floor, Capital
Liverpool
L3 9PP

The domestic violence (DV) provisions of Appendix FM section DVILR only apply to applicants (victims of domestic violence) who have previously been granted leave to enter or remain as the:

  • spouse
  • civil partner
  • unmarried or same-sex partner of any of the following:
    • British citizen
    • settled person
    • member of HM forces who has served for at least 4 years

Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. This can include, but is not limited to, the following types of abuse:

  • psychological
  • physical
  • sexual
  • financial
  • emotional

Controlling behaviour is a range of acts designed to make a person subordinate or dependent by:

  • isolating them from sources of support
  • exploiting their resources and capacities for personal gain
  • depriving them of the means needed for independence, resistance and escape
  • regulating their everyday behaviour

Coercive behaviour is either:

  • an act or a pattern of acts of assault, threats, humiliation and intimidation
  • other abuse that is used to harm, punish, or frighten their victim

According to the Home Office Guidance on Domestic Violence, no distinction should be made between psychological (mental) abuse and physical abuse when assessing if a person has been the victim of domestic violence or abuse.

If an applicant submits evidence to show that their relationship has broken down because they have been subjected to domestic violence from someone other than their partner, they can still qualify for settlement under the Immigration Rules.

Evidence must clearly show that the violence has been the reason for the breakdown of the relationship between the applicant and their partner, for example where the person who abuses the applicant is a member of the partner’s family and against whom the partner offers no protection.

You can challenge the refusal of your SET (DV) application by filing an Administrative Review against the refusal of your application.

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

 

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