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.

Mandatory Suitability Grounds for ILR Refusal for Domestic Violence Victims

When applying for Indefinite Leave to Remain (ILR) as a victim of domestic violence, several mandatory suitability criteria may result in refusal. Here’s a comprehensive breakdown:

1. Existing Deportation Orders
   • If you are currently under a deportation order, your application will be refused.
2. Criminal Convictions and Imprisonment
   • Sentenced to 4+ Years: Any conviction with a sentence of four or more years makes your application untenable.
   • Sentenced between 12 Months and 4 Years: If sentenced for less than four years but more than 12 months, 15 years must have elapsed following the end of the sentence for eligibility.
   • Sentenced under 12 Months: For sentences under 12 months, a period of 7 years since the sentence was served is required.
3. Recent Offences
   • Convictions or admissions of offences in the last 24 months, resulting in non-custodial sentences, affect eligibility.
4. Public Good Consideration
   • If deemed not conducive to the public good, due to severe harm caused by offences or persistent offending, this can bar entry.
   • Conduct, character, or associations that are not favorable also play a role.
5. Non-compliance and Documentation Issues
   • Failure to attend interviews, provide necessary information, supply physical data, or complete required medical examinations.
6. Refugee Convention Considerations
   • Decisions made under the Refugee Convention that exclude an individual from its protections may lead to denial.
   • Being previously identified as a security risk to the UK or having committed particularly serious crimes may influence the decision.
7. Other Mandatory Considerations
   • Legal or practical impediments to removal from the UK will not affect the assessment of suitability.

Each of these factors is key in determining whether the presence of the applicant in the UK aligns with public interest and legal standards. Being aware of these criteria is crucial when navigating the ILR 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.

How to Apply for Indefinite Leave to Remain (ILR) as a Victim of Domestic Violence

Applying for Indefinite Leave to Remain (ILR) if you’re a victim of domestic violence involves several important steps. Here’s a comprehensive guide to help you through the process:

1. Complete the Application Form
   • Online Submission: Begin by filling out the SET (DV) form available on the UK Visa and Immigration (UKVI) website. This is a crucial first step in your journey to obtaining ILR.
2. Paying the Fees
   • Fee Payment: When submitting your application, pay the corresponding Home Office UKVI fee. If you’re eligible for a fee waiver due to your situation, ensure you submit the required documentation to prove it.
3. Book Biometrics Appointment
   • Creating an Account: Access the UK Visa and Citizenship Application Services (UKVCAS) portal to set up an account and schedule a biometrics appointment.
4. Prepare Your Documents
   • Documentation: Upload all necessary supporting documents online prior to your biometrics appointment. These documents might include proof of your relationship, evidence of domestic violence, and personal identification records.
5. Attend the Biometrics Appointment
   • Required Items: On the day of your appointment, remember to bring your Biometric Residence Permit (BRP), passport, and the appointment confirmation letter.
6. Await the Decision
   • Processing Time: Once your biometrics have been collected, the decision on your application will typically be made within 3 to 6 months. Patience is key, as each case is unique and processing times can vary.

By following these steps carefully, you can navigate the application process for Indefinite Leave to Remain as a victim of domestic violence. Always ensure that each step is completed accurately and thoroughly to improve the chances of a successful outcome.

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.

Can You Reapply for ILR as a Victim of Domestic Violence After a Refusal?

If you’ve faced a setback with your Indefinite Leave to Remain (ILR) application due to domestic violence, there’s still hope. Following a refusal, you might have the opportunity to submit a new ILR application.

Key considerations for a reapplication include:

• Meeting the Requirements: Ensure that your new application aligns with the specific criteria detailed under paragraph 39E of the Immigration Rules.
• Review Your Circumstances: Assess the reasons for the initial refusal. Strengthening areas where your previous application fell short can enhance your chances of success.

If the refusal seems insurmountable for appeal, reapplication might indeed be your best route forward. It’s crucial to address any deficiencies from your prior submission to improve the outcome this time around.

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.

What Other Related Immigration Services Are Available for Victims of Domestic Violence?

Victims of domestic violence often need specialized immigration services to ensure their protection and stability. Here’s what is available:

• Indefinite Leave to Enter (ILE) for Domestic Violence Victims: This service grants indefinite residence to those who have suffered domestic abuse, allowing them to reside in the UK without fear of returning to harmful situations.
• Fee Waivers for Application Processes: Recognizing financial constraints, victims can apply for fee waivers with the Home Office, ensuring that processing fees are not a barrier to safety and stability.
• Visa Category Switching: Individuals can explore options to switch visa categories to better suit their personal circumstances. Options include transitioning to a Parent of a Child Visa, a Scale-up Worker Visa, or a Student Visa—each providing unique benefits and avenues for support.
• Administrative Review for Visa Refusals: If a visa application is refused, victims can request an administrative review that offers a second chance to explain their situation and rectify any potential misunderstandings.
• Support Helplines and Legal Services: Immediate support is available through various helplines, such as the Refugee National Domestic Abuse Helpline, which offers guidance and resources. Additionally, organizations focusing on women’s rights are available to assist with legal advice.

These services collectively aim to remove barriers and provide security, allowing victims of domestic violence to focus on rebuilding their lives.

When applying for a fee waiver for your Indefinite Leave to Remain (ILR) as a victim of domestic violence, it’s crucial to provide evidence demonstrating your financial hardship. This documentation helps establish that you cannot afford the application fee. Here’s a breakdown of the required evidence:

1. Housing and Financial Status:
   • Show that you’re without a place to live or can’t afford one.
   • If you have housing but struggle to cover essential expenses like food or heating, provide proof.
2. Income Level:
   • Evidence of a very low income is necessary, especially if paying the fee would negatively affect your child’s wellbeing.
3. Supporting Documents:
   • Present bank statements to highlight your financial situation.
   • Include a signed letter from your local government authority detailing your circumstances.
   • A confirmation letter from any agency providing you support can further substantiate your claim.

These pieces of evidence collectively illustrate your need for a fee waiver by painting a clear picture of your financial hardship.

Get in Touch with Us

Top Reasons to Opt for Specialized Legal Services for ILR as a Domestic Violence Victim

If you’re considering an Indefinite Leave to Remain (ILR) application due to domestic violence, choosing the right legal assistance is crucial. Here’s why specialized legal services can make a difference:

1. Superior Legal Expertise

A team of top-notch solicitors focusing on family visas can provide unparalleled support and guidance. These professionals boast impressive records, often reflected in glowing client reviews, indicating their ability to secure favourable outcomes.

2. Convenient Remote Services

Modern legal services harness technology to accommodate your needs. Expert solicitors offer remote consultations and handle applications without requiring in-person visits, thus saving you time and reducing travel expenses. It’s about making the process as seamless and stress-free as possible.

3. Availability and Accessibility

Having access to legal advice any day of the week provides flexibility. Whether it’s a weekday or the weekend, knowing you can reach out and get the support when you need it adds significant value to the experience.

4. Exclusive Focus on ILR Casework

Specialists concentrate exclusively on ILR applications for domestic violence victims. This focus ensures that every aspect of your case, from preparation to submission, is handled by experts deeply familiar with the nuances of this legal area.

5. Complimentary Online Consultations

Offering a free online consultation is an excellent way to ease into the process. You can receive initial advice without financial commitment, empowering you to make informed choices from the outset.

6. Affordable Pricing Options

Cost is often a concern, but fixed fees with instalment plans can ease the financial burden. Pay a portion upfront and the remainder upon application preparation, making the service both accessible and budget-friendly.

Choosing the right legal service doesn’t only hinge on expertise but also on convenience, accessibility, and affordability. Specialized solicitors offer a comprehensive package, ensuring your ILR application is as strong as it can be.

Hire our specialist immigration lawyer to help you through this process and ensure a successful outcome for your indefinite leave to remain (ILR) application. Contact us today to learn more about our services and how we can help you with your immigration matter.