You can 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 UK spouse/partner has broken down irretrievably as a result of incidents of domestic violence and abuse. An application for Indefinite Leave to Remain (ILR) as a victim of domestic violence is made online using application form SET (DV) in accordance with eligibility requirements as set out in Appendix Victims of Domestic Abuse of the Immigration Rules. The Appendix Victims of Domestic Abuse of the Immigration Rules allows settlement where a person has, or was last granted, permission as a partner on a specified route and the relationship has permanently broken down due to domestic abuse.
An application for Indefinite Leave to Remain (ILR) as a victim of domestic violence can only be submitted to the Home Office UKVI through standard service as the Home Office UKVI does not offer Priority or Super Priority Service to apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence. If you cannot afford to pay the Home Office UKVI fee for the Indefinite Leave to Remain (ILR) application as a victim of domestic violence, you can ask the Home Office UKVI for a fee waiver for your Indefinite Leave to Remain (ILR) application as a victim of domestic violence.
Free Immigration Advice For ILR As A Victim Of Domestic Violence
Our specialist team of immigration solicitors can provide one-off free immigration advice online in relation to your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence. Ask a question online to our specialist team of immigration solicitors for free immigration advice online, or book an appointment online for detailed immigration advice and consultation with one of our immigration solicitors concerning your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence.
Specialist Solicitors For ILR As A Victim Of Domestic Violence
Our specialist team of family visa solicitors can provide expert immigration advice and legal representations in relation to your application for ILR as a victim of domestic violence. Our immigration solicitors have extensive experience and specialist knowledge of dealing with Indefinite Leave to Remain (ILR) applications as a victim of domestic violence - SET (DV) application. As one of the best family visa solicitors dealing with ILR applications on the basis of domestic violence and abuse, our immigration lawyers can provide fast, friendly, and reliable fixed-fee legal services for your Indefinite Leave to Remain (ILR) application.
Premium Solicitors are specialist UK immigration solicitors and the high quality of UK visa and immigration legal services provided by our best team of fully qualified and experienced immigration solicitors is self-evident from the 5-star Google Reviews rating by 99% of our clients.
Can I Apply For Fee Waiver For ILR As A Victim Of Domestic Violence?
You can apply for a fee waiver for your Indefinite Leave to Remain (ILR) application as a victim of domestic violence. You do not have to pay the fee to apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence if you can provide evidence that you:
- do not have a place to live and cannot afford one
- have a place to live but cannot afford essential living costs like food or heating
- have a very low income, and paying the fee would harm your child’s wellbeing
- Evidence can include bank statements, a signed letter from your local authority, or a signed letter from an agency that’s been giving you 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, you should take the following steps:
- Complete the online application form SET (DV) on the UKVI website;
- Submit the completed Indefinite Leave to Remain (ILR) application online by paying the Home Office UKVI fees for the ILR application unless you have been granted a fee waiver for your Indefinite Leave to Remain (ILR) application as a victim of domestic violence;
- Book your biometrics appointments with the UKVCAS by creating an account on the UKVCAS web portal;
- Upload all the supporting documents online before the biometrics enrolment appointment date;
- Attend your biometrics enrolment appointment. You should take your BRP card, your passport, and your biometrics appointment letter with you when you attend your biometrics appointment;
- You should wait for a decision on your ILR application. Your application for Indefinite Leave to Remain (ILR) as a victim of domestic abuse will be generally decided within 3 to 6 months from the biometrics enrolment date.
What Is Victim Of Domestic Violence (DDV) Concession Application?
You can apply for leave to remain for three 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 a 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 a victim of domestic violence concession leave is not an application for indefinite leave to remain based on 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 based on domestic violence within these 3 months. If you do not submit a further application within three months, any leave UKVI grants 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.
What Are The Requirements For ILR As A Victim Of Domestic Violence?
The requirements to be met for indefinite leave to remain (ILR) in the UK as a victim of domestic violence are set out in Appendix FM to the Immigration Rules. The Immigration Rules require that:
Applicant in the UK: The applicant must be in the UK;
Valid application: the applicant must have made a valid application for Indefinite Leave to Remain (ILR) as a victim of domestic violence;
Suitability requirement: The applicant must not fall for refusal under Part 9: grounds for refusal, but paragraph 9.8.4.(a) does not apply.; and
Immigration status requirement: 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(e) or proposed civil partner) of a person who is a British citizen, settled in the UK or an 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; or
- 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; or
- a partner under Appendix FM, Part 11, or Appendix Family Reunion (Protection) of a person with permission as a refugee; or
- a partner of a person present and settled in the UK under paragraph 285 or 295E of Part 8; or
- a victim of domestic abuse under Appendix FM; or
- a partner under Appendix Armed Forces or Part 7 (except for permission as a fiancé(e) or proposed civil partner), of any of the below:
- a person who is a British citizen; or
- a foreign and commonwealth citizen with at least 4 years’ reckonable service in HM Forces at the date of application under this paragraph or
- 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. Or
- leave outside the rules granted under the Migrant Victims of Domestic Abuse Concession (formerly the destitution domestic violence concession (DDVC)), and before that were last granted permission under one of the categories defined in VDA 4.1(a) to (e).
Breakdown of relationship due to domestic violence: The relationship between the applicant and their partner must have broken down permanently as a result of domestic abuse.
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.
Can I Re-Apply For ILR As a Victim Of Domestic Violence After The Refusal?
If you have been refused Indefinite Leave to Remain (ILR) as a victim of domestic violence and abuse by the Home Office UKVI and do not believe you can successfully challenge the refusal, you may be able to re-apply for ILR as a victim of domestic violence. Any such fresh ILR application should meet the requirements set out in paragraph 39E of the Immigration Rules.
How Can I Apply For Administrative Revie Against Refusal Of ILR As A Victim Of Domestic Violence?
If the Home Office UKVI has refused your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence and you have been given the right to Administrative Review against the refusal decision, you should file an Administrative review within 14 days of the refusal decision. The Administrative Review against the refusal decision can be successful on the grounds that the decision maker has made a caseworker error in deciding your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence. Our specialist family visa solicitors can provide the required legal services to represent you in your Administrative Review to challenge the refusal decision.
When Can I Apply Naturalisation As A British Citizen After ILR As A Victim Of Domestic Violence?
You can apply for naturalisation as a British citizen 12 months after you have been granted Indefinite Leave to Remain (ILR) if you have been lawfully resident in the UK for the last five years preceding the date of application. If you are married to a British Citizen, the residence requirement will be three years instead of 5 years, and there will be no requirement to wait for 12 months after the grant of Indefinite Leave to Remain (ILR) when applying for naturalisation as a spouse of a British Citizen. Your absences from the UK during the last five years before the date of application for naturalisation should not exceed 450 days. If you are relying on three years of residence because you are married to a British Citizen, your absences during the last three years before the date of your naturalisation application should not exceed 270 days. Also, you must not have been absent from the UK for more than 90 days in the last 12 months before the date of your application for naturalisation as a British Citizen. Our specialist team of family visa solicitors can provide immigration advice and legal services for your application for naturalisation as a British Citizen after the grant of Indefinite Leave to Remain (ILR) as a victim of domestic violence. Read More
How Can We Help?
Our specialist team of immigration solicitors can provide expert immigration advice and legal representations on a fixed fee basis in relation to your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence. Our fixed fee for your application for ILR as a victim of domestic violence will cover all the work of our immigration solicitors on your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence until a decision is made by the Home Office UKVI on your application for ILR as a victim of domestic violence. The casework to be carried out by our immigration solicitors in relation to your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence will entail the following:
Advice on requirements: Our immigration solicitors will advise you on the relevant requirements you have to meet for your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence to succeed.
Advice on documents: Our immigration lawyers will prepare and email you a comprehensive list of supporting documents to be submitted in support of your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence;
Assessment of documents: Our immigration lawyers will assess your documents to make sure that all the documents you provide in support of your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence are in accordance with the requirements of the Immigration Rules.
Completing application form: Our immigration lawyers will complete the relevant application form for your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence.
Booking an appointment with the application centre: After you submit your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence online, our immigration lawyers will book your appointment with the application centre so you can enrol your biometrics.
Preparing a detailed cover letter: Our specialist immigration solicitors will prepare a detailed cover letter in support of your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence, explaining how all the legal requirements are met for the approval of your application for ILR as a victim of domestic violence.
Uploading documents online: Before the biometrics enrolment date, our immigration lawyers will upload online all the supporting documents to be considered in support of your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence.
Follow-up work: Our immigration lawyers will carry out all the follow-up work until a decision by the Home Office UKVI on your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence.
Why Choose Us For ILR As A Victim Of Domestic Violence?
There are several reasons why you can choose our family visa solicitors and lawyers in London to handle your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence from inside the UK. The main reasons include the following:
High-Quality Legal Services: Our team of the best family visa solicitors in London provides high-quality legal services for Indefinite Leave to Remain (ILR) as a victim of domestic violence from inside the UK. The high quality of UK visa and immigration legal services offered by our best team of immigration lawyers is self-evident from the 5-star Google Reviews rating by 99% of our clients.
Remote Legal Services: Our specialist family visa solicitors and lawyers can provide you with expert immigration advice and legal representation remotely from our offices in London. Using modern technology, our specialist family visa solicitors and lawyers can handle your application for Indefinite Leave to Remain (ILR) as a victim of domestic violence remotely without the need for you to visit our offices. Whilst we are more than happy to welcome clients into our offices, if this is their preference, we are proud to be able to offer our legal services for Indefinite Leave to Remain (ILR) application remotely to save your time and travel costs.
Open 7 Days A Week: We are open seven days a week and pride ourselves on providing dedicated immigration advice and legal representation for Indefinite Leave to Remain (ILR) as a victim of domestic violence.
All Work Carried Out By Qualified Specialist Immigration Solicitors: Our specialist team of fully qualified and experienced family visa solicitors, who have extensive experience dealing with Indefinite Leave to Remain (ILR) applications, will carry out all the casework on your application for ILR as a victim of domestic violence.
Free Immigration Advice Online: Our specialist team of family visa solicitors and lawyers can provide one-off free immigration advice online for ILR through our website enquiry form.
Fixed Fees With Payment Plan: Our family visa solicitors and lawyers charge reasonable and affordable fixed fees for an application for Indefinite Leave to Remain (ILR) as a victim of domestic violence with the option to pay our fixed fee in two instalments whereby you pay half of the agreed fixed fee when we start our work on your ILR application and the remaining half when we have fully prepared the ILR application and it is ready for submission to the Home Office UKVI.
How Much Does ILR As A Victim of Domestic Violence Cost?
The costs associated with your Indefinite Leave to Remain (ILR) application as a victim of domestic violence are outlined below:
Our Fixed Fees for Your ILR Application
Our fixed fee for processing your Indefinite Leave to Remain (ILR) application as a victim of domestic violence ranges from £2,000 + VAT to £3,000 + VAT. Our fixed fee will cover all our work on your application, including advising on documents, checking your documents, completing the application form and submitting the application online, booking an appointment for biometrics enrolment, preparing a cover letter in support of the application, uploading all supporting documents to be considered in support of the application, and carrying out all other follow up work until decision by the Home Office UKVI on your application.
Our agreed fixed fee will depend on the complexity of your case and the volume of work involved in your Indefinite Leave to Remain (ILR) application. You will make an initial payment of half our fee when we start working on your matter, and the remaining half is due once we have fully prepared the ILR application and it is ready for submission.
Unable to afford the cost of the full service? You have the option to book an appointment online for our one-off immigration advice and consultation service for 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 for assisting you with your Indefinite Leave to Remain (ILR) application as a victim of domestic violence, you are also required to pay the Home Office UKVI fees, which are £2,885.
What Are Our Other Related Services?
- Application To Home Office UKVI For Fee Waiver
- Switching Into Parent Of A Child Visa UK
- Switching Into Scale-up Worker Visa UK
- Switching Into Student Visa UK
- Administrative Review Of UK Visa Refusal
- Refugee National Domestic Abuse Helpline
- Domestic Violence and Rights Of Women
Frequently Asked Questions (FAQs) For ILR As a Victim Of Domestic Violence
Following are the various Frequently Asked Questions (FAQs) about an application for Indefinite Leave to Remain (ILR) as a victim of domestic violence:
Domestic violence and abuse can be emotional, psychological, physical, sexual or financial. It includes threatening or controlling behaviour to try to harm, isolate or frighten someone.
Apply for indefinite leave to remain as soon as possible after the relationship breaks down. Do not wait until your current visa expires.
You will usually get a decision about your ILR application as a victim of domestic violence within 6 months.
No, you cannot use Priority or Super Priority Service to apply for ILR as a victim of domestic violence and the only option available for submission of the application is through standard service.
To apply for a victim of domestic violence concession, you should fill in the application form and post or email it to the address on the form.
If you resume your relationship with your partner after the grant of concessionary leave for three months, you will have to apply for leave to remain as a partner again. You will not be able to get your previous leave to remain as a partner reinstated automatically.
You can file an Administrative Review (AR) against the decision of the Home Office UKVI to refuse your application for IRL as a victim of domestic violence.
Within 14 days of your ILR application being refused or within 14 days of the decision on the Administrative Review (AR), you can submit a fresh application either on the same basis with different evidence or on a different basis to stay in the UK. The different basis to stay may include making an application as a student, a skilled worker, a partner of a different person, a parent of a child, etc.
You can apply for ILR as a victim of domestic violence if:
- you are a victim of domestic violence;
- your leave to remain in the UK is as a spouse, unmarried partner, registered civil partner or same-sex partner of a British Citizen, a person settled in the UK, or a person with refugee leave;
- your relationship with the UK spouse/partner has broken down irretrievably as a result of domestic violence.
No, you do not have to meet the English language and Life in the UK test requirement to apply for ILR as a victim of domestic violence.
The applicant will be refused ILR as a victim of domestic violence on grounds of suitability if any of the paragraphs apply:
- The applicant is currently the subject of a deportation order.
- The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years.
- The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 15 years has passed since the end of the sentence.
- The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence.
- The applicant has, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.
- 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.
- 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-ILR.1.3. to 1.6.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.
- The applicant has failed without reasonable excuse to comply with a requirement to-
- attend an interview;
- provide information;
- provide physical data; or
- undergo a medical examination or provide a medical report.
- The presence of the applicant in the UK is not conducive to the public good because the Secretary of State:
- has made a decision under Article 1F of the Refugee Convention to exclude the person from the Refugee Convention or under paragraph 339D of these Rules to exclude them from humanitarian protection; or
- has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because there are reasonable grounds for regarding them as a danger to the security of the UK; or
- considers that they are a person to whom sub-paragraph (a) or (b) would apply except that (i) the person has not made a protection claim, or (ii) the person made a protection claim which has already been finally determined without reference to Article 1F of the Refugee Convention or paragraph 339D of these Rules; or
- has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because, having been convicted by a final judgment of a particularly serious crime, they constitute a danger to the community of the UK.
When considering whether the presence of the applicant in the UK is not conducive to the public good, any legal or practical reasons why the applicant cannot presently be removed from the UK must be ignored.
The applicant will normally be refused ILR as a victim of domestic violence on grounds of suitability if any of the paragraphs apply:
- Whether or not to the applicant’s knowledge –
- false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
- there has been a failure to disclose material facts in relation to the application.
- A maintenance and accommodation undertaking has been requested under paragraph 35 of these Rules and has not been provided.
The applicant may be refused on grounds of suitability if any of the paragraphs apply:
- The applicant has made false representations or failed to disclose any material fact in a previous application for entry clearance, leave to enter, leave to remain or a variation of leave, or in a previous human rights claim; or did so in order to obtain from the Secretary of State or a third party a document required to support such an application or claim (whether or not the application or claim was successful).
- The applicant has previously made false representations or failed to disclose material facts for the purpose of obtaining a document from the Secretary of State that indicates that he or she has a right to reside in the United Kingdom.
- The applicant has failed to pay litigation costs awarded to the Home Office.
- One or more relevant NHS bodies has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £500.
