This category is for people who have limited leave to enter or remain, or have an extension of stay, in the UK as the spouse, unmarried partner, registered civil partner or same-sex partner of a British citizen or person present and settled in the UK. It allows those whose relationship has genuinely broken down, because they are the subject of domestic violence, during their probationary period of leave, to be granted indefinite leave to remain (ILR).

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.

Knowledge of language and life is not required under the victims of domestic violence rules. Applicants who can prove they are destitute are exempt from paying the application fee for indefinite leave to remain as a victim of domestic violence.

There is provision in section DVILR for partners of British Citizens and persons settled here who have been the victim of domestic violence during the probationary period to apply for indefinite leave to remain as a victim of domestic violence.

Requirements For ILR As A Victim Of Domestic Violence

The requirements to be met for indefinite leave to remain in the UK as a victim of domestic violence are that:

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

In order to meet the eligibility requirements for indefinite leave to remain as a victim of domestic violence the requirements of paragraphs E-DVILR.1.2. to 1.4. must be met:

  • E-DVILR.1.2. The applicant’s last grant of limited leave must have been-
      1. as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the UK;
      2. granted to enable access to public funds pending an application under DVILR.; or
      3. granted under paragraph D-DVILR.1.2.
  • 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 to meet the requirements of E-DVILR.1.3.

Granting ILR As A Victim Of Domestic Violence

If the applicant meets all of the requirements for indefinite leave to remain (ILR) as a victim of domestic violence the applicant will be granted indefinite leave to remain (ILR) in accordance with D-DVILR.1.1.

If the applicant does not meet the requirements for indefinite leave to remain as a victim of domestic violence only because the applicant has an unspent conviction the applicant will be granted further limited leave to remain for a period not exceeding 30 months under D-DVILR.1.2.

Why Sunrise Solicitors For Your ILR Application As Victim Of Domestic Violence?

The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for  Indefinite Leave to Remain (ILR) as a victim of domestic violence i.e. SET (DV) applications. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your SET (DV) application as a victim of domestic violence and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

Our Fees For SET (DV) Application As A Victim Of Domestic Violence

  • We will charge you a fee from £1,000 + VAT for our professional immigration services in relation to 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.
  • 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 installments.
  • The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee etc.