Indefinite Leave to Remain (ILR) Domestic Violence Process

Indefinite Leave to Remain (ILR) As a Victim Of Domestic Violence – SET (DV) Application

If you are on a spouse or partner visa and your relationship has irretrievably broken down due to domestic violence or abuse, you may be eligible to apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence. This application is submitted online using the SET (DV) form, in accordance with the eligibility criteria outlined in Appendix Victims of Domestic Abuse of the Immigration Rules. Under this appendix, individuals who were last granted permission as a partner on a specified route and whose relationship has permanently broken down due to domestic abuse are eligible for settlement.

It’s important to note that ILR applications for victims of domestic violence can only be submitted through the standard service, as the Home Office UKVI does not provide Priority or Super Priority Services for these applications. However, if you are unable to afford the application fee, you can request a fee waiver from the Home Office UKVI.

Free Immigration Advice for ILR as a Victim of Domestic Violence

At Aden & Co Solicitors, our specialist team of immigration solicitors offers one-off free immigration advice online to assist with your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence. Whether you need quick guidance or detailed advice, we’re here to help.

You can easily ask a question online to receive free immigration advice from our experts. If you require in-depth consultation, you can also book an appointment online for a comprehensive discussion with one of our experienced immigration solicitors regarding your ILR application.

[evc_section_title text_alignment=”left” title=”Ask a question for free advice online”]

Specialist Solicitors for ILR as a Victim of Domestic Violence

Our team of specialist family visa solicitors at Aden & Co are experts in handling ILR applications for victims of domestic violence. With extensive experience and deep knowledge of the SET (DV) application process, our immigration solicitors are recognized as some of the best in the field. We offer fast, friendly, and reliable fixed-fee legal services to help you secure your Indefinite Leave to Remain (ILR) as a victim of domestic violence, ensuring you have the support you need to move forward with your life.

Aden & Co Solicitors are renowned UK immigration specialists, providing top-tier visa and immigration legal services. Our team of fully qualified and highly experienced immigration solicitors consistently delivers exceptional results, as reflected in our outstanding 5-star Google Reviews, rated by 99% of our clients.

Can I Apply for a Fee Waiver for ILR as a Victim of Domestic Violence?

Yes, you can apply for a fee waiver for your Indefinite Leave to Remain (ILR) application as a victim of domestic violence. You may be exempt from paying the ILR application fee if you can provide sufficient evidence that you:

Lack a place to live and cannot afford accommodation.
Have a place to live but struggle to cover essential living costs such as food or heating.
Have a very low income, and paying the fee would negatively impact your child’s wellbeing.

Supporting evidence may include bank statements, a signed letter from your local authority, or a letter from an agency that has been providing you with support.

How to Apply for ILR as a Victim of Domestic Violence?

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

Complete the Online Application: Fill out the SET (DV) form available on the UKVI website.
Submit Your ILR Application: Submit your completed ILR application online, paying the Home Office UKVI fees unless you have been granted a fee waiver due to your circumstances as a victim of domestic violence.
Book Your Biometrics Appointment: Schedule your biometrics appointment by creating an account on the UKVCAS web portal.
Upload Supporting Documents: Ensure all supporting documents are uploaded online before your biometrics appointment date.
Attend Your Biometrics Appointment: Bring your BRP card, passport, and the appointment letter to your biometrics enrolment.
Wait for a Decision: After your biometrics appointment, your ILR application as a victim of domestic violence will typically be decided within 3 to 6 months.

What Is the Victim of Domestic Violence (DDV) Concession Application?

The Domestic Violence (DDV) Concession allows you to apply for three months of leave to remain if you need access to public funds (such as income-related benefits) before applying for Indefinite Leave to Remain (ILR) as a victim of domestic violence. This concession is specifically for those who require financial assistance and safe accommodation after experiencing domestic violence.

When applying for the DDV concession, the Home Office will assess whether you should be granted temporary leave to access public funds. This application is not for ILR but rather a short-term solution allowing you to secure essential support. If granted, you will receive limited leave for three months, during which you should submit your ILR application based on domestic violence.

Failure to apply for ILR within this three-month period will result in the end of your limited leave. Please note that while being granted limited leave under the DDV concession does not guarantee that your ILR application will be successful, it provides necessary short-term support.

What Are the Requirements for ILR as a Victim of Domestic Violence?

To qualify for Indefinite Leave to Remain (ILR) in the UK as a victim of domestic violence, applicants must meet specific criteria as outlined in Appendix FM of the Immigration Rules. The key requirements include:

Applicant Location: The applicant must be physically present in the UK when applying.
Valid Application: A valid application for ILR as a victim of domestic violence must be submitted.
Suitability Requirements: The applicant must not be subject to refusal under Part 9: grounds for refusal, with the exception of paragraph 9.8.4.
Immigration Status Requirements: The applicant must have, or have last been granted, permission in one of the following categories:
- Partner under Appendix FM: The applicant was granted permission as a partner (excluding fiancé(e) or proposed civil partner) of a British citizen, someone settled in the UK, or an EEA national with limited leave to remain under paragraph EU3 of Appendix EU based on fulfilling the criteria outlined in condition 1 of paragraph EU14 in Appendix EU.
- Spouse, Civil Partner, or Durable Partner under Appendix EU: The applicant has limited leave as a family member of a relevant EEA citizen, a qualifying British citizen, or as a family member who has retained the right of residence under paragraph EU3 oe EU3A of that Appendix.
- Partner under Refugee Routes: The applicant was granted permission as a partner under Appendix FM, Part 11, or Appendix Family Reunion (Protection) of a person with refugee status.
- Partner under Settlement Routes: The applicant was granted permission as a partner of a person present and settled in the UK under paragraph 285 or 295E of Part 8.
- Victim of Domestic Abuse under Appendix FM: The applicant was previously granted leave as a victim of domestic abuse.
- Partner under Appendix Armed Forces or Part 7: The applicant was granted permission as a partner of a British citizen or a foreign and Commonwealth citizen with at least 4 years’ reckonable service in HM Forces.
- Migrant Victims of Domestic Abuse Concession: The applicant was granted leave outside the rules under the Migrant Victims of Domestic Abuse Concession (formerly DDVC) and previously held permission under one of the categories defined in VDA 4.1(a) to (e).
Relationship Breakdown Due to Domestic Violence: The relationship between the applicant and their partner must have permanently broken down due to incidents of domestic abuse.

When applying for Indefinite Leave to Remain (ILR) as a victim of domestic violence, the Immigration Rules do not mandate the applicant to pass the Knowledge of Language and Life in the UK (KoLL) test.

Can I Re-Apply for ILR as a Victim of Domestic Violence After Refusal?

If your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence has been refused by the Home Office UKVI and you do not believe you can successfully challenge the refusal, you may have the option to reapply. Any fresh ILR application must meet the criteria outlined in paragraph 39E of the Immigration Rules.

How to Apply for Administrative Review against ILR Refusal as a Victim of Domestic Violence?

If the Home Office UKVI has refused your ILR application as a victim of domestic violence, and you have been granted the right to an Administrative Review, it is crucial to file for this review within 14 days of receiving the refusal decision. An Administrative Review may be successful if it is determined that the decision-maker committed a caseworker error in assessing your application. At Aden & Co Solicitors, our experienced family visa solicitors can provide expert legal representation to challenge the refusal decision through an Administrative Review.

When Can I Apply for Naturalisation as a British Citizen After ILR as a Victim of Domestic Violence?

After being granted Indefinite Leave to Remain (ILR) as a victim of domestic violence, you can apply for naturalisation as a British citizen after 12 months, provided you have been lawfully residing in the UK for the last five years. However, if you are married to a British citizen, the residence requirement is reduced to three years, and you do not need to wait 12 months after receiving ILR to apply for naturalisation.

When applying for naturalisation, your absences from the UK should not exceed 450 days during the five years before your application date. For those married to a British citizen, absences should not exceed 270 days in the three years prior to the application date. Additionally, you must not have been absent from the UK for more than 90 days in the 12 months before your naturalisation application. Aden & Co Solicitors offers specialist immigration advice and services for naturalisation applications following the grant of ILR as a victim of domestic violence.

How Can Aden & Co Solicitors Assist?

Aden & Co Solicitors provides expert legal advice and representation on a fixed-fee basis for your ILR application as a victim of domestic violence. Our fixed fee covers all aspects of your application, ensuring comprehensive support from start to finish. Here’s how we assist:

Requirements Guidance: We offer tailored advice on the specific requirements you must meet to succeed in your ILR application.
Document Preparation: We supply a detailed list of required documents and assess them to ensure they meet the Immigration Rules criteria.
Application Form Completion: Our team will accurately complete the necessary application forms on your behalf.
Biometrics Appointment Booking: After submitting your online application, we will schedule your biometrics appointment with the UKVCAS.
Detailed Cover Letter: We prepare a comprehensive cover letter to support your ILR application, outlining how all legal requirements are satisfied.
Document Upload: All supporting documents will be uploaded online before your biometrics appointment date.
Follow-Up Work: We will handle all follow-up communication with the Home Office UKVI until a final decision is made on your ILR application.

Why Choose Aden & Co Solicitors for Your ILR Application as a Victim of Domestic Violence?

Choosing Aden & Co Solicitors for your ILR application ensures you receive:

High-Quality Legal Services: Our team is renowned for providing top-tier legal services, as evidenced by our 5-star Google Reviews rating from 99% of our clients.
Remote Services: We offer expert legal advice and representation remotely, saving you time and travel expenses, while still welcoming clients to our London office if preferred.
7 Days a Week Availability: We are open every day, providing dedicated support for your ILR application.
Qualified Experts: All casework is handled by our fully qualified and experienced family visa solicitors.
Free Online Immigration Advice: We offer a one-off free online consultation through our website enquiry form.
Affordable Fixed Fees with Payment Plans: Our services are reasonably priced, with flexible payment plans available, allowing you to pay in two instalments.

Costs of ILR as a Victim of Domestic Violence?

Our fixed fees for handling your ILR application range from £2,000 + VAT to £3,000 + VAT. This fee includes all work necessary to submit and process your application, including document verification, form completion, appointment booking, cover letter preparation, and follow-up actions.

The exact fee will depend on the complexity and specific needs of your case. Half of the fee is payable at the start of our work, with the remaining half due when your application is fully prepared and ready for submission.

If the full-service cost is beyond your budget, Aden & Co Solicitors offers flexible options to meet your needs. You can book an appointment online for our one-off immigration advice and consultation service at a fixed fee of £100 (including VAT). Additionally, we provide a comprehensive immigration document checking service for a fixed fee of £300 (including VAT). These services ensure you receive expert guidance tailored to your circumstances without the full financial commitment.

UKVI Fees for ILR Application as a Victim of Domestic Violence

In addition to the fixed fee for our services at Aden & Co Solicitors, you will need to pay the UK Home Office (UKVI) fee of £2,885 for your Indefinite Leave to Remain (ILR) application as a victim of domestic violence.

Related Immigration Services We Offer

At Aden & Co Solicitors, we offer a range of immigration services tailored to meet your needs, including:

Application for Fee Waiver to Home Office UKVI
Switching to Parent of a Child Visa in the UK
Switching to Scale-Up Worker Visa in the UK
Switching to Student Visa in the UK
Administrative Review of UK Visa Refusal
Refugee National Domestic Abuse Helpline
Domestic Violence Support and Rights for Women

FAQs: ILR as a Victim of Domestic Violence

Here are some commonly asked questions (FAQs) regarding applications for Indefinite Leave to Remain (ILR) as a victim of domestic violence:

What qualifies as domestic violence or abuse for ILR applications?

Domestic violence or abuse encompasses emotional, psychological, physical, sexual, or financial harm. It includes any threatening, controlling, or isolating behavior aimed at harming or intimidating someone.

When should I apply for ILR as a victim of domestic violence?

You should apply for ILR as soon as your relationship breaks down due to domestic violence. Do not wait until your current visa expires.

How long does the Home Office take to process my ILR application as a victim of domestic violence?

The Home Office typically takes around 6 months to decide on your ILR application.

Can I use the Priority or Super Priority Service for ILR applications as a victim of domestic violence?

No, the Priority or Super Priority Service is not available for ILR applications under this category. Applications must be submitted through the standard service.

How do I apply for the Domestic Violence Concession?

You can apply by completing the appropriate form and either posting or emailing it to the address provided on the form.

What happens if I resume my relationship after being granted a 3-month concessionary leave?

If you reconcile with your partner after receiving the 3-month concessionary leave, you will need to apply for leave to remain as a partner again. Your previous partner visa will not be automatically reinstated.

How can I challenge the refusal of my ILR application as a victim of domestic violence?

You have the option to request an Administrative Review (AR) if your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence has been refused by the Home Office UKVI.

Can I submit a fresh ILR application after a refusal?

Yes, within 14 days of the refusal or 14 days after the decision on your Administrative Review, you can submit a fresh ILR application. You may either provide additional evidence for the same application or apply under a different immigration category.

Who is eligible to apply for ILR as a victim of domestic violence?

You can apply if:

You are a victim of domestic violence.
You have leave to remain in the UK as a spouse, unmarried partner, registered civil partner, or same-sex partner of a British citizen, someone settled in the UK, or a person with refugee status.
Your relationship with your UK-based partner has permanently broken down due to domestic violence.

Do I need to meet the English language and Life in the UK test requirements for ILR as a victim of domestic violence?

No, you are exempt from the English language and Life in the UK test requirements when applying for ILR as a victim of domestic violence.

What are the mandatory suitability grounds for refusal of an ILR application as a victim of domestic violence?

An application for Indefinite Leave to Remain (ILR) as a victim of domestic violence may be refused on suitability grounds under the following circumstances:

Deportation Order: The applicant is subject to an active deportation order.
Serious Criminal Convictions: The applicant’s presence in the UK is deemed contrary to the public good due to a conviction resulting in imprisonment of 4 years or more.
Imprisonment Duration: The applicant has been convicted of an offence punishable by imprisonment of between 12 months and 4 years, unless 15 years have passed since the end of the sentence.
Short-Term Imprisonment: The applicant has been sentenced to less than 12 months of imprisonment, unless 7 years have elapsed since the sentence concluded.
Recent Convictions: Within the past 24 months, the applicant has been convicted or admitted to an offence resulting in a non-custodial sentence or other out-of-court disposal, recorded on their criminal record.
Persistent Offending: The applicant’s presence in the UK is deemed harmful to the public good due to persistent offending or actions causing significant harm, reflecting a disregard for the law.
Undesirable Conduct: The applicant’s conduct, character, associations, or other factors (including convictions not covered in paragraphs S-ILR.1.3 to S-ILR.1.6) make their continued presence undesirable.
Non-Compliance: The applicant has failed, without reasonable excuse, to comply with requirements such as attending an interview, providing information, supplying physical data, or undergoing a medical examination.
Refugee Convention Exclusions: An applicant’s presence in the UK may be deemed not conducive to the public good under the following circumstances, as determined by the Secretary of State:

Exclusion from the Refugee Convention: The Secretary of State may decide to exclude the applicant from the Refugee Convention under Article 1F, or from humanitarian protection under paragraph 339D of the Immigration Rules. This exclusion is based on serious grounds that indicate the applicant does not meet the criteria for protection.
Security Concerns: If there are reasonable grounds to consider that the applicant poses a threat to the security of the UK, they may be deemed a person to whom Article 33(2) of the Refugee Convention applies. This assessment may be based on the applicant’s previous conduct or any security concerns identified by the authorities.
Unresolved Protection Claims: The Secretary of State may also determine that the applicant falls under sub-paragraph (a) or (b) of the applicable rules if they have not made a protection claim or if their protection claim has been finally determined without reference to Article 1F of the Refugee Convention or paragraph 339D of the Immigration Rules.
Danger to the Community: If the applicant has been convicted of a particularly serious crime, and this conviction has been finalized by a court judgment, they may be deemed a danger to the community of the UK under Article 33(2) of the Refugee Convention.

When assessing whether the applicant’s presence is not conducive to the public good, any legal or practical barriers preventing their removal from the UK must be disregarded.

What are the discretionary suitability grounds for refusal of an ILR application as a victim of domestic violence?

An application for Indefinite Leave to Remain (ILR) as a victim of domestic violence may be refused on suitability grounds if any of the following criteria apply:

Submission of False Information: The applicant may face refusal if false information, representations, or documents have been submitted in connection with the application. This includes cases where false information was used to obtain supporting documents for the application, regardless of whether the applicant was aware of the falsehoods.

Failure to Disclose Material Facts: The applicant may be refused ILR if they have failed to disclose material facts relevant to their application. This includes any omission or misrepresentation of critical information that impacts the decision-making process.

Non-Compliance with Maintenance and Accommodation Requirements: If the applicant has been asked to provide a maintenance and accommodation undertaking under paragraph 35 of the Immigration Rules and has failed to do so, this can result in refusal.

The applicant may face refusal on suitability grounds if any of the following conditions are met:

Previous Misrepresentation: The applicant may be refused if they have previously made false representations or failed to disclose material facts in prior applications for entry clearance, leave to enter, leave to remain, or variations thereof, or in previous human rights claims. This includes instances where such misrepresentation was made to obtain documents from the Secretary of State or third parties, irrespective of the outcome of those claims.

Outstanding Litigation Costs: An application may be refused if the applicant has failed to pay litigation costs awarded to the Home Office in previous proceedings.

Unpaid NHS Charges: The applicant may be refused if one or more NHS bodies have reported non-payment of charges in accordance with NHS regulations for overseas visitors, with the outstanding amount totaling at least £500.

Aden & Co Solicitors can provide expert advice and representation regarding your Indefinite Leave to Remain (ILR) application, particularly if you are facing such public good grounds, contact Aden & Co Solicitors. Our experienced team is dedicated to navigating complex immigration matters and ensuring your case is managed with precision and care.