ILR as a Victim of Domestic Violence – Set (DV) Application

This application is for individuals who are in the UK, on the basis of being a partner of a British or settled person, who wish to remain in the UK, and have been subject to domestic violence; resulting in their relationship breaking down. A partner in this category is a Spouse, Civil Partner or Unmarried Partner. The UK Government have permitted a probationary period of leave for the purpose of granting ILR to the victim of domestic violence.

Domestic violence is defined as any threatening behaviour, violence or abuse between adults who are or have been in a relationship, or between family members; irrespective of their gender or sexuality. The violence could be psychological, physical, sexual or emotional. It could include female genital mutilation, forced marriage and ‘honour-based violence’. Within this category an Adult is a person over the age of 18 and family members refers to father, mother, son, daughter, brother, sister and grandparents.

If you are destitute, you may be exempt from paying the Home Office application fee for your ILR application. Sufficient evidence to prove this would need to be provided.

Call us on 0207 887 1916, email info@alexandraspencer.co.uk or complete the online contact form. Alternatively get in touch on Skype, Twitter, Instagram or Facebook to discuss your options as a victim of Domestic Violence.

FAQs

When To Apply?

You and any children under 18 applying with you should do so before the end of your permitted stay in the UK. Your application should be made as soon as is practicably possible after your marriage or other partnership has broken down as a result of domestic violence. You should not wait until the end of your permitted stay in the UK.

Can I include dependents on my application?

Yes - You and any children under 18 if they are applying as your dependants. Children aged 18 or over may not be included; they must each apply individually and pay the specified fee, as must any children under 18 if there is some reason preventing them from applying with you.


Do I need to meet the English Language requirement?

You do not need to take the Life in the UK Test or prove your English language skills. In most cases, this requirement would have been met in the initial visa application made on the basis of this relationship.


Can I apply even if my leave has expired?

You could submit an application for settlement that is “out of time”, however, any decision to refuse an out of time application will not carry a right of appeal (under Section 83 of the Nationality, Immigration and Asylum Act 2002) which is why we recommend you make your application as soon as possible. 

Contact one of our Immigration experts today on for more information.


How long can I stay in the UK?

Once you have been granted Indefinite Leave to Remain (ILR) you can continue to live and work in the UK for as long as you wish to do so. You have access to public funds, healthcare and schools; as well as the option to apply for British Naturalisation, if you meet the requirements.


Get a free consultation call from an immigration specialist

Our highly professional, dedicated and knowledgeable specialists will do all the hard work to make the immigration process easy and understandable so you will be confident about a successful outcome.

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