You can apply for ILR as a victim of domestic violence by using SET (DV) application form if you are on spouse / partner visa and your relationship with your British / settled spouse has broken down irretrievably as a result of incidents of domestic violence.
Need legal help and assistance with application for ILR as a victim of domestic violence from immigration solicitors in London? You can contact us and our expert team of immigration solicitors will provide the required legal help and assistance for your ILR application as a victim of domestic violence – SET (DV) application. Our team of immigration solicitors are experts in dealing with applications for Indefinite Leave to Remain (ILR) as a victim of domestic violence – SET (DV) applications. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration solicitors.
Domestic violence is classed as any incident of threatening behavior’s, 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 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.
You can apply for leave to remain for 3 months under the victim of domestic violence (DDV) concession if you want to notify the Home Office UKVI that you require access to public funds (income-related benefits), in order to find safe accommodation and support yourself before you apply for Indefinite Leave to Remain (ILR) as a victim of Domestic Violence. This is on the basis that you have been a victim of domestic violence.
The Home Office UKVI will consider whether you should be granted limited leave to allow you access to public funds. You only need to complete the form for victim of domestic violence concession leave if you need access to public funds before you submit your ILR application as a victim of domestic violence. The application for victim of domestic violence concession leave is not an application for indefinite leave to remain on the basis of domestic violence. If you are granted leave with access to public funds, this will be for a limited time of 3 months only. This is to enable you to apply for access to public funds and it will replace your current period of leave to remain.
You should submit your application for indefinite leave to remain on the basis of domestic violence within this 3 month period. If you do not submit a further application within 3 months, any leave UKVI grant you as a result of the concession will come to an end. If you qualify under this concession and you are granted limited leave, this does not guarantee that your application for indefinite leave to remain will be successful.
You can apply for ILR as a victim of domestic violence if:
The requirements to be met for indefinite leave to remain (ILR) in the UK as a victim of domestic violence are that:
The Immigration Rules do not require the applicant to pass the Knowledge of language and life test when applying for ILR as a victim of domestic violence.
To meet the eligibility requirements for indefinite leave to remain as a victim of domestic abuse all of the requirements of paragraphs E-DVILR.1.2. and 1.3. must be met.
According to paragraph E-DVILR.1.2, the applicant’s first grant of limited leave under Appendix FM must have been granted as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person with refugee leave, under paragraph D-ECP.1.1., D-LTRP.1.1. or D-LTRP.1.2. of Appendix FM or as a partner of a refugee granted under paragraph 352A, and any subsequent grant of limited leave must have been:
According to paragraph E-DVILR.1.3, 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.
If you are a victim of domestic violence, you can apply for non-molestation order through our expert team of divorce & family law solicitors. Such non-molestation order can be submitted as evidence in support of your ILR application as a victim of domestic violence.
The applicant can be granted limited leave to remain for 30 months if the applicant meets the eligibility criteria as a victim of domestic violence but does not meet the suitabilit criteria as set out in paragraphs S-LTR.1.5 and S-LTR.1.6.
S-LTR.1.5. The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.
S-LTR.1.6. The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-LTR.1.3. to 1.5.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.
As your legal representative, our specialist immigration solicitors can represent you in your application for ILR as a victim of domestic violence and carry out all the work on your application until a decision is received from the Home Office UKVI. If instructed to represent you regarding your ILR application as a victim of domestic violence, the immigration casework to be carried out by our immigration solicitors may include the following:
You can apply for Administrative Review (AR) of ILR refusal as a victim of domestic violence if your application for ILR as a victim of domestic violence is refused by the Home Office UKVI.
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