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Indefinite Leave to Remain (ILR) as a Victim of Domestic Violence-SET (DV) Application

Break free: Secure your ILR as a victim of domestic violence!

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This application is made online using form SET (DV) and must meet the eligibility criteria outlined in Appendix Victims of Domestic Abuse of the Immigration Rules. This appendix allows for settlement when a relationship has permanently ended due to domestic abuse, provided the person was last granted permission as a partner on a specified route.

Application Process

To apply for ILR as a victim of domestic violence, follow these steps:

1. Complete the Online Application: Fill out the SET (DV) form on the UKVI website.

2. Submit the Application: Pay the Home Office UKVI fee unless you have been granted a fee waiver.

3. Book Biometrics Appointment: Schedule your biometrics appointment through the UKVCAS portal.

4. Upload Supporting Documents: Ensure all required documents are uploaded before your biometrics appointment.

5. Attend Biometrics Appointment: Bring your BRP card, passport, and appointment letter.

6. Await Decision: Decisions are typically made within 3 to 6 months from the date of biometrics enrollment.

Specialist Solicitors for ILR as a Victim of Domestic Violence

Our expert family visa solicitors offer specialized legal advice and representation for your ILR application as a victim of domestic violence. We have extensive experience handling SET (DV) applications and provide fixed-fee services to ensure a smooth and efficient process.

Fee Waiver for ILR as a Victim of Domestic Violence

1-You have no place to live or cannot afford one.

2- You have a place to live but cannot cover essential living costs like food or heating.

3- You have a very low income, and paying the fee would negatively impact your child’s wellbeing.

Steps to Apply for ILR as a Victim of Domestic Violence

1. Complete the online SET (DV) application form.
2. Submit your application and pay the fee unless you have a fee waiver.
3. Schedule and attend a biometrics appointment through UKVCAS.
4. Upload all necessary documents before your biometrics appointment.
5. Attend the biometrics appointment with required documents.
6. Wait for the decision, which usually takes 3 to 6 months.

Domestic Violence (DDV) Concession Application

If you need access to public funds before applying for ILR, you can apply for a three-month leave to remain under the Domestic Violence (DDV) concession. This allows you to access income-related benefits to secure safe accommodation and support. This concession is not an ILR application but provides temporary relief while you prepare your ILR application. You must submit your ILR application within these three months, as the limited leave granted will expire if no further application is made.

Additional Services

1-One-off immigration advice and consultation

2- Document checking service

3- Application form completion assistance

4- Priority and Super Priority service submission

5- Cover letter preparation

6- Uploading supporting documents online

Fixed Fees for ILR as a Victim of Domestic Violence

Our fixed fee for ILR applications as a victim of domestic violence ranges from £2,000 + VAT to £3,500 + VAT, depending on the complexity of the case. This fee does not include disbursements such as the UKVI application fee. Our team is committed to providing fast, friendly, and reliable legal services to assist you in obtaining Indefinite Leave to Remain as a victim of domestic violence.

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, the following criteria, outlined in Appendix FM of the Immigration Rules, must be met: Applicant Criteria

1- Presence in the UK: The applicant must be physically present in the UK.

2- Valid Application: A valid ILR application as a victim of domestic violence must be submitted.

3- Suitability: The applicant should not fall under grounds for refusal in Part 9 of the Immigration Rules, except for paragraph 9.8.4(a).

Immigration Status Criteria

The applicant must have, or have last been granted, permission as one of the following:

1-Partner under Appendix FM: Except for permission as a fiancé(e) or proposed civil partner, of a British citizen, a person settled in the UK, or an EEA national in the UK with limited leave to enter or remain under Appendix EU.

2- 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 a qualifying British citizen.

3- Partner under Refugee Status: Granted under Appendix FM, Part 11, or Appendix Family Reunion (Protection).

4- Partner of a Settled Person: Under paragraph 285 or 295E of Part 8.

5- Victim of Domestic Abuse under Appendix FM.

6- Partner under Appendix Armed Forces or Part 7: Except for permission as a fiancé(e) or proposed civil partner, of a British citizen, a foreign and Commonwealth citizen with at least 4 years’ service in HM Forces, or a member of HM Armed Forces with permission or settlement as a discharged foreign and Commonwealth citizen.

7- Leave Outside the Rules: Granted under the Migrant Victims of Domestic Abuse Concession (formerly DDVC), previously granted permission under the specified categories.

Relationship Breakdown

Permanent Breakdown: The relationship with the partner must have permanently ended due to domestic abuse.

Knowledge of Language and Life

Exemption: Applicants are not required to pass the Knowledge of Language and Life test for ILR as a victim of domestic violence.

Re-Applying for ILR After Refusal

If your ILR application as a victim of domestic violence is refused and you cannot challenge the decision, you may re-apply. Any new application must comply with paragraph 39E of the Immigration Rules.

Administrative Review Against ILR Refusal

If your ILR application is refused and you have the right to an Administrative Review, you must file it within 14 days of the refusal. The review can challenge the decision on the grounds of a caseworker error. Our family visa solicitors can assist with the Administrative Review process.

Applying for Naturalisation as a British Citizen

After obtaining ILR as a victim of domestic violence, you can apply for naturalisation as a British citizen after 12 months, provided you have been lawfully resident in the UK for the last five years. If married to a British citizen, you can apply after three years of residence without waiting for 12 months post-ILR. Absences from the UK must not exceed 450 days in the last five years or 270 days in the last three years for spouses of British citizens. Additionally, you should not have been absent for more than 90 days in the last 12 months before applying.

Costs of ILR Application as a Victim of Domestic Violence

The fees for an ILR application as a victim of domestic violence vary and are subject to change. Please consult the latest Home Office guidelines for the most accurate and up-to-date fee information.

Our Fixed Fees for Your ILR Application

Our fixed fee for handling your Indefinite Leave to Remain (ILR) application as a victim of domestic violence ranges from £2,000 + VAT to £3,000 + VAT. This fee covers all aspects of your application process, including:

1- Advising on required documents

2- Reviewing your documents

3- Completing and submitting the application form online

4- Booking your biometrics enrolment appointment

5- Preparing a cover letter in support of your application

6- Uploading all supporting documents

7- Following up until a decision is made by the Home Office UKVI

The exact fee will depend on the complexity of your case and the amount of work involved. An initial payment of half the fee is required when we start working on your case, with the remaining balance due once the ILR application is fully prepared and ready for submission. If you cannot afford the full service, you can book an appointment online for our one-off immigration advice and consultation service at a fixed fee of £100 (including VAT) or our immigration document checking service for a fixed fee of £300 (including VAT).

UKVI Fees for Your ILR Application

In addition to our fixed fee, you must pay the Home Office UKVI fee for your ILR application, which is £2,885.

Our Other Related Services

1- Application to Home Office UKVI for Fee Waiver

2- Switching to Parent of a Child Visa UK

3- Switching to Scale-up Worker Visa UK

4- Switching to Student Visa UK

5- Administrative Review of UK Visa Refusal

6- Refugee National Domestic Abuse Helpline

7- Domestic Violence and Rights of Women

Frequently Asked Questions (FAQs) for ILR as a Victim of Domestic Violence

Domestic violence and abuse can be emotional, psychological, physical, sexual, or financial. It includes threatening or controlling behavior intended to harm, isolate, or frighten someone.

You should apply for ILR as soon as possible after the relationship breaks down. Do not wait until your current visa expires.

You will usually receive a decision within six months.

No, you cannot use the Priority or Super Priority Service for this application. It must be submitted through the standard service.

Fill in the application form and post or email it to the address provided on the form.

You can file an Administrative Review (AR) against the Home Office UK's decision to refuse your ILR application.

If your ILR application as a victim of domestic violence is refused, you have 14 days from the date of refusal or from the decision on the Administrative Review (AR) to submit a new application. This fresh application can be based on the same grounds with new evidence or on different grounds, such as applying as a student, skilled worker, partner of another individual, or parent of a child.

You are a victim of domestic violence.

1- You have leave to remain in the UK as the spouse, unmarried partner, registered civil partner, or same-sex partner of a British citizen, a person settled in the UK, or someone with refugee status

2- Your relationship with your UK spouse/partner has irretrievably broken down due to domestic violence.

No, you do not need to meet the English language and Life in the UK test requirements to apply for ILR as a victim of domestic violence..

You are currently the subject of a deportation order.

1- Your presence in the UK is deemed not conducive to the public good due to a conviction with a sentence of at least four years' imprisonment.

2- Your presence is not conducive to the public good due to a conviction with a sentence of less than four years but at least 12 months, unless 15 years have passed since the end of the sentence.

3- Your presence is not conducive to the public good due to a conviction with a sentence of less than 12 months, unless seven years have passed since the end of the sentence.

4- You have been convicted of or admitted to an offense resulting in a non-custodial sentence or other recorded out-of-court disposal within the 24 months before the application decision.

5- Your presence is not conducive to the public good due to offending that has caused serious harm or persistent offending with a disregard for the law.

6- Your presence is not conducive to the public good due to conduct, character, associations, or other reasons that make your stay undesirable.

7- You have failed to comply without reasonable excuse with a requirement to: o Attend an interview.

o Provide information.

o Provide physical data.

o Undergo a medical examination or provide a medical report.

8- The Secretary of State has excluded you from the Refugee Convention under Article 1F, excluded you from humanitarian protection under paragraph 339D, or previously decided that you are a danger to the UK's security under Article 33(2) of the Refugee Convention. When assessing whether your presence in the UK is not conducive to the public good, any legal or practical reasons that prevent your removal from the UK will be disregarded.

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