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INDEFINITE LEAVE TO REMAIN AS A VICTIM OF DOMESTIC VIOLENCE

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:

 

  • 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.

 

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:

 

  1. psychological
  2. physical
  3. sexual
  4. financial
  5. emotional

 

  • controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by:

 

  1. isolating them from sources of support
  2. exploiting their resources and capacities for personal gain
  3. depriving them of the means needed for independence
  4. resistance and escape
  5. regulating their everyday behaviour

 

  • coercive behaviour is:

 

  1. an act or a pattern of acts of assault, threats, humiliation and intimidation
  2. 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.

 

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.

 

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:

 

  • 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.

 

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-

 

  • as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the UK;
  • granted to enable access to public funds pending an application under DVILR.; or
  • granted under paragraph D-DVILR.1.2.

 

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.

FAQs:

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.

Contact White Horse Solicitors & Notary Public for expert advice by experienced professionals on all areas of Immigration law. The many conditions and immigration requirements that must be met are handled by White Horse Solicitors and Notary Public with excellent professionalism, reliable conduct and integrity. We will ensure that our advice focuses on your personal circumstances and will always aim to achieve brilliant results for our clients.

 

White Horse Solicitors & Notary Public is well placed and highly qualified in providing professional advice and assistance on making an application for Indefinite Leave to Remain as a Victim of Domestic Violence. We recommend getting in contact with us on 020 7118 1778 for our specialist and professional advice on such an application before any action is taken.

The information contained on this page is sourced from UK Visas and Immigration and is subject to change. White Horse Solicitors & Notary Public makes every effort to keep this information current, however prices and information cannot be guaranteed and should always be checked on www.gov.uk.

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