ILR as a victim of domestic violence
You can apply for ILR as a victim of domestic abuse if the relationship with the British citizen or settled person has permanently broken down due to domestic violence. If the victims of domestic abuse meet the requirements, they will be granted settlement in the UK.
ILR as a victim of domestic violence
Any person in an abusive relationship can apply for Indefinite Leave to Remain (ILR) if the relationship broke down as a result of domestic violence.
Domestic violence is any incident or pattern of incidents demonstrating threatening, coercive, or controlling behavior, violence, or abuse (psychological, emotional, physical, sexual, or financial).
You can apply for ILR if your partner is any of the following
- A British citizen
- A Settled person
- A member of the UK armed forces who have served for a minimum of 4 years
ILR or settlement gives you the right to work, study, and live in the UK for as long as you like and apply for benefits as well.
Who can apply for ILR as a victim of domestic violence?
The applicant can apply for ILR as a victim of domestic violence in any of the following circumstances:
- The applicant is the victim of domestic abuse
- If the person was granted leave to enter and stay in the UK as a spouse, unmarried partner, registered civil partner, or same-sex partner of a British Citizen, a person settled in the UK (including as a refugee)
- The relationship with the British/settled person has broken down due to domestic violence
Requirements for ILR as a victim of domestic violence
To qualify for ILR, the person has faced domestic violence during his time in the UK. The following requirements must also be met to be granted ILR
- The applicant must be physically present in the UK when submitting the application
- The applicant must make a valid application for ILR as a victim of domestic violence
- The applicant must meet the suitability requirements and must not result in refusal under any of the grounds in Section S-LTR: Suitability-leave to remain
- The applicant must meet the requirements of Section E-DVILR
Moreover, the domestic abuse victim does not require pass certificate for English language and knowledge of life in the UK.
Applying For ILR Domestic Violence
To apply, the applicant must fill out the specific application form and pay the relevant fee. The application fee waiver is available for domestic abuse victims who cannot afford or are destitute.
Under the victim of domestic violence (DDV) concession, the applicant can also apply for leave to remain for 3 months and gain access to public funds.
The Home Office UKVI will consider whether or not the applicant should be granted limited leave to remain and access to the public funds.
If the limited leave is granted, the applicant can apply for the ILR on the basis of domestic violence within the 3-month period.
If the applicant fails to apply within 3 months, any limited leave or concession granted will come to an end. Qualifying for limited leave does not mean that the application for IRL will also be successful.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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