Following are the various frequently asked questions (FAQs) about application for Indefinite Leave to Remain (ILR) as a victim of domestic violence:

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.

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