If you are a victim of domestic violence, you can apply for ILR (Indefinite Leave to Remain) in the UK by submitting SET(DV) form.
You can apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence if:
The government introduced a new definition of domestic violence from 31 March 2013. The definition of domestic violence and abuse is:
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.
Family members, whether directly related, in-laws or step-family, are defined as:
The legal definition of injury is when any harm is done to a person by the acts or omissions of another.
Knowledge of language and life is not required under the victims of domestic violence rules. Applicants who can prove they are destitute are exempt from paying the application fee for indefinite leave to remain as a victim of domestic violence.
There is provision in section DVILR for partners of British Citizens and persons settled here who have been the victim of domestic violence during the probationary period to apply for indefinite leave to remain as a victim of domestic violence.
Requirements For ILR As A Victim Of Domestic Violence
The requirements to be met for indefinite leave to remain in the UK as a victim of domestic violence are that:
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-
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.
Granting ILR As A Victim Of Domestic Violence
If the applicant meets all of the requirements for indefinite leave to remain (ILR) as a victim of domestic violence the applicant will be granted indefinite leave to remain (ILR) in accordance with D-DVILR.1.1.
If the applicant does not meet the requirements for indefinite leave to remain as a victim of domestic violence only because the applicant has an unspent conviction the applicant will be granted further limited leave to remain for a period not exceeding 30 months under D-DVILR.1.2.
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,
No. If you do not meet the requirements because of an unspent conviction, limited leave for a period of up to 30 months will be granted in substitute.
Dependants of the person applying as victim of domestic violence are considered by the Home Office, UKVI in line with the main applicant.