ILR Victim Of Domestic Violence | SET (DV) Application

Apply Indefinite Leave to Remain (ILR) in the UK as a victim of domestic violence is a crucial step for individuals seeking safety, stability, and a future free from fear. The SET (DV) application is designed to support non-British nationals who were previously on a partner visa and have faced domestic violence from their partner, providing a pathway to ILR and independence.

At Deluxe Law Chambers, our immigration lawyers can help you to apply for indefinite leave to remain (ILR) as a victim of domestic violence if you are on a spouse/partner visa and your relationship with your partner has broken down permanently because of domestic violence. To apply for ILR as a result of domestic violence, the applicant must be in the UK, unless the applicant has been abandoned overseas as a victim of transnational marriage abandonment.

What is the SET (DV) Application for ILR?

The SET (DV) application is a specialised route for obtaining Indefinite Leave to Remain (ILR) in the UK. It is available to non-British nationals who entered the UK on a spouse, unmarried partner, or civil partner visa but have since experienced domestic violence.

Once granted, ILR allows the applicant to live and work freely in the UK, without time restrictions, and eventually apply for British citizenship.

What is domestic abuse?

The legal definition of domestic abuse in the Domestic Abuse Act 2021 is that domestic abuse involves any single incident or pattern of conduct where someone’s behaviour towards another is abusive, and where the people involved are aged 16 or over and are, or have been, personally connected to each other (regardless of gender or sexuality). The abuse can involve, but is not limited to:

• psychological
• physical
• sexual
• financial
• emotional
• violence
• threatening
• controlling
• coercive behaviour

Who can apply for ILR under domestic violence?

To be eligible under Appendix VDA the applicant must have, or have last been granted, permission as one of the following:

• a partner under Appendix FM (except for permission as a fiancé or fiancée or proposed civil partner), of a person who is a British citizen, settled in the UK or a European Economic Area (EEA) national in the UK with limited leave to enter or remain granted under paragraph EU3 of Appendix EU on the basis of meeting condition 1 in paragraph EU14 of Appendix EU
• a spouse, civil partner or durable partner under Appendix EU with limited leave to enter or remain as a family member of a relevant EEA citizen (or of a qualifying British citizen), as a joining family member of a relevant sponsor or as a family member who has retained the right of residence, granted under paragraph EU3 or EU3A of that Appendix
• a partner under Appendix FM, Part 11, or Appendix Family Reunion (Protection) of a person with permission as a refugee
• a partner of a person present and settled in the UK under paragraph 285 or 295E of Part 8
• a victim of domestic abuse under Appendix FM
• a partner under Appendix Armed Forces or Part 7 (except for permission as a fiancée or proposed civil partner), of any of the below:
  • a person who is a British citizen o
  • a foreign and commonwealth citizen with at least 4 years’ reckonable service in HM Forces at the date of application under this paragraph
  • a member of HM Armed forces who has applied for or been granted permission or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces
• leave outside the rules granted under the Migrant Victims of Domestic Abuse Concession (formerly the destitution domestic violence concession (DDVC)), and immediately before that, were last granted permission under one of the above categories.

Eligibility Criteria for SET (DV) ILR Application

To qualify for ILR as a victim of domestic violence, applicants must meet specific eligibility criteria:

• Current Visa Status: Applicants must be in the UK on a partner visa (spouse, civil partner, or unmarried partner).
• Relationship History: The applicant must demonstrate that they entered the UK as a partner of a British citizen, settled person, or someone with refugee status or humanitarian protection.
• Domestic Violence Evidence: Substantial proof of domestic violence must be provided to show that the relationship breakdown resulted from abuse. This can include physical, emotional, or psychological abuse.

Understanding these criteria is essential, as failure to meet any of these requirements may result in the application being rejected.

Can I apply for domestic violence ILR from outside the UK?

A person applying from outside the UK on the Victim of Domestic Abuse (VDA) route must apply for entry clearance online on the gov.uk website on the specified form: “Return to the UK.” Following the judgment of the High Court in AM v SSHD [2022] EWHC 2591 (Admin), this domestic abuse route has been updated to enable victims of domestic abuse who have been abandoned overseas to apply for settlement from outside the UK. Victims abandoned overseas are more likely to be in situations of vulnerability and face additional barriers to applying as compared to those in the UK who may be able to access support services.

What Is Victim Of Domestic Violence (DDV) Concession Application?

The Domestic Violence (DDV) Concession application is a temporary relief provided to individuals in the UK who are victims of domestic violence and are on a spousal or partner visa. If you are in the UK on a visa as the spouse, civil partner, or partner of a British citizen or someone with settled status, and you experience domestic violence, you may be eligible to apply for the DDV concession.

This concession allows you to request temporary leave to remain in the UK for three months while you prepare and submit an application for Indefinite Leave to Remain (ILR) as a victim of domestic violence. During this period, you can also apply for public funds (such as housing and financial support) to help you escape your situation.

To qualify for the DDV Concession, you must:

• Be in the UK on a visa as the partner of a British citizen or someone settled in the UK.
• Provide evidence of the domestic violence you have experienced.
• Be planning to apply for ILR as a victim of domestic violence.

The DDV Concession is designed to provide immediate protection and support to those who need it most, without the worry of immigration status being a barrier to leaving an abusive relationship.

How to apply for ILR as Domestic Violence from inside the UK?

To apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence, you should follow these steps:

1. Complete the online application form SET (DV) on the UKVI website.
2. Submit your completed ILR application online and pay the Home Office UKVI fees, unless you have been granted a fee waiver as a victim of domestic violence.
3. Book your biometrics appointment with UKVCAS by creating an account on the UKVCAS web portal.
4. Upload all supporting documents online before your biometrics enrolment appointment date.
5. Attend your biometrics appointment. Take your BRP card, passport, and the biometrics appointment letter with you.
6. Wait for a decision on your ILR application. Generally, decisions on ILR applications for victims of domestic violence are made within 3 to 6 months from the date of your biometrics enrolment.

What Documents Are Required for a UK Domestic Abuse Visa?

To apply for ILR under domestic abuse, you will need to provide mandatory documents including the followings:

• Passport or Travel Document
• Evidence of Relationship has been broken down
• A police caution – accepting a caution is an admission of guilt and can be accepted as evidence that domestic violence occurred
• A domestic violence protection order – considered strong evidence by the Home Office
• A final order in a civil court – this will be conclusive if the judge found that domestic violence occurred

This list of required documents for a Domestic Abuse Visa for the UK is not exhaustive and may also be subject to change according to how the domestic abuse immigration rules are updated in the UK. The documents you would be advised to provide depends on your specific situation.

Form, Fees, and Time Frames for Indefinite Leave to Remain (ILR) Application for Victims of Domestic Violence or Abuse

The fee for an application for Indefinite Leave to Remain (ILR) as a victim of domestic abuse is currently £2,885, unless a fee-waiver is applicable. It is important to be aware that these fees are subject to frequent changes. Additionally, there is no Immigration Health Surcharge required for this application. The processing time for these applications is currently estimated at 6 months, although it is important to note that processing times are subject to change and applications may be decided faster or slower than this timeframe.

Applying for a Domestic violence visa with children

Children cannot be granted settlement under Appendix VDA unless their parent has been, or is at the same time being, granted settlement under this route. Where a child applies and their parent has not applied for settlement or previously been granted settlement under this route, consideration should be given to whether they should be granted leave outside the rules, taking into account the Secretary of State’s obligations under section 55 of the Border, Citizenship and Immigration Act 2009. This is in recognition of the fact that children can be victims of domestic abuse in their own right, and their leaving an abusive household or re-joining their parent should be facilitated.

Can I Apply For Fee Waiver For ILR As A Victim Of Domestic Violence?

You may apply for a fee waiver for your Indefinite Leave to Remain (ILR) application as a victim of domestic violence. You are not required to pay the fee for your ILR application if you can provide evidence that you:

• Are a victim of domestic violence.
• Are destitute, or would become destitute if you had to pay the fee.
• Have no adequate accommodation, or cannot afford to maintain accommodation, if the fee is paid.
• Are unable to meet your essential living needs or those of your dependants if the fee is paid.

You will need to provide sufficient evidence to support your claim for a fee waiver. This may include documentation demonstrating your financial circumstances, your inability to pay, and evidence of the domestic violence you have experienced

Can I Re-Apply For ILR As a Victim Of Domestic Violence After The Refusal?

Yes, you can re-apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence after a refusal. If your initial application has been refused, you have several options:

• Re-apply with additional evidence: If your application was refused due to insufficient evidence, you can gather more supporting documentation and re-submit your ILR application. This might include stronger proof of the domestic violence you experienced, such as police reports, medical records, or statements from support organisations.
• Challenge the decision: If you believe the decision to refuse your ILR application was incorrect, you can appeal the decision or request an administrative review. This involves asking the Home Office to reconsider their decision based on the evidence already submitted.
• Seek legal advice: It is advisable to consult an immigration lawyer to assess your case and provide guidance on the best course of action, whether to re-apply or appeal.

When Can I Apply Naturalisation As A British Citizen After ILR As A Victim Of Domestic Violence?

When re-applying, it’s crucial to address the reasons for the initial refusal to strengthen your new application.

After being granted Indefinite Leave to Remain (ILR) as a victim of domestic violence, you can apply for naturalisation as a British citizen after meeting certain requirements. Generally, you can apply for naturalisation 12 months after receiving ILR, provided you meet the following criteria:

1. Residency requirement: You must have lived in the UK for at least 5 years before your naturalisation application. During this period, you should not have spent more than 450 days outside the UK, and no more than 90 days outside the UK in the 12 months before applying.
2. Good character: You must demonstrate good character, which includes having no serious criminal convictions, adhering to UK laws, and meeting financial obligations such as paying taxes.
3. English language and life in the UK test: You must pass the Life in the UK test and meet the English language requirement unless you are exempt.
4. ILR status for 12 months: You must have held ILR for at least 12 months before you are eligible to apply for naturalisation.

Once these conditions are met, you can submit your application for British citizenship through naturalisation.

Specialist Immigration Lawyers For ILR As A Victim of domestic abuse

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Frequently Asked Questions (FAQs) For ILR As a Victim Of Domestic Violence