Need legal help and assistance with application for ILR as a victim of domestic violence from immigration solicitors in London, Manchester or Birmingham? 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. 

Contents

What Is Domestic Violence?

Domestic violence is classed as any incident of threatening behaviour, 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:

  • mother
  • father
  • son
  • daughter
  • brother
  • sister, and
  • grandparents.

The legal definition of injury is when any harm is done to a person by the acts or omissions of another.

Who Can Apply For ILR As A Victim Of Domestic Violence?

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 British or settled partner has broken down irretrievably as a result of domestic vioence.

Do I Need To Pass English And Life In The UK Test For ILR Application As A Victim Of Domestic Violence?

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.

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 that:

  • the applicant must be in the UK;
  • the applicant must have made a valid application for indefinite leave to remain as a victim of domestic violence;
  • the applicant must not fall for refusal under any of the grounds in Section S-LTR: Suitability-leave to remain; and
  • the applicant must meet all of the requirements of Section E-DVILR: Eligibility for indefinite leave to remain as a victim of domestic violence.

What Are The Eligibility Requirements 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:

  • 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 this Appendix; or
  • granted to enable access to public funds pending an application under DVILR and the preceding grant of leave was 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., DLTRP.1.1. or D-LTRP.1.2. of this Appendix; or
  • granted under paragraph D-DVILR.1.2.

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.

Non-Molestation Order As A Victim Of 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.

Can I Be Granted Limited Leave Instead Of ILR 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.

What Are The Fees For ILR As A Victim Of Domestic Violence?

The fees involved in applying for ILR as a victim of domestic violence will be as follows:

Our Fees

  • Our team of immigration solicitors will charge a fee from £1,000 + VAT for providing the required legal help and support with your application for ILR as a victim of domestic violence. The agreed fee will depend on the complexity of the matter and the casework involved in the matter. The agreed fee will cover all our work until decision by the Home Office on the application.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly instalments.

Home Office, UKVI Fees

The Home Office, UKVI charges for your application for ILR as a victim of domestic violence will be as follows:

  • Application fee: £2389
  • Biometric Enrolment Fee: £19.20

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