1. What is the purpose of Form SET(DV) – Application for Indefinite Leave to Remain (ILR) as a victim of domestic violence?
The purpose of Form SET(DV) – Application for Indefinite Leave to Remain (ILR) as a victim of domestic violence is to provide individuals who have experienced domestic violence in the United Kingdom with a route to seek indefinite leave to remain. This form allows victims of domestic violence to apply for settlement in the UK based on their circumstances as survivors of abuse, safeguarding them from potential harm if they were to return to their home country. The form helps assess the applicant’s eligibility for ILR under the domestic violence rules, ensuring that they meet the necessary requirements to secure their status in the country. By completing this form and submitting relevant evidence, victims of domestic abuse can seek protection and stability in the UK.
2. Who is eligible to apply for ILR as a victim of domestic violence?
To be eligible to apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence, the applicant must meet certain criteria.
1. The applicant must have entered the UK on a partner visa, such as a Spouse Visa or Unmarried Partner Visa, and have experienced domestic violence or abuse from their British or settled partner during the relationship.
2. The abuse or violence must have been reported to the authorities, such as the police, social services, or a healthcare professional, and documented.
3. The applicant must provide evidence to support their claim, such as police reports, medical records, statements from witnesses, or a letter from a domestic violence support organization.
4. The applicant must demonstrate that they meet all other eligibility requirements for ILR, such as maintaining valid immigration status, meeting the English language and financial requirements, and showing that they have been living in the UK for the required period of time.
Overall, meeting these criteria is essential for applicants to be eligible to apply for ILR as a victim of domestic violence.
3. What evidence is required to support an application for ILR as a victim of domestic violence?
When applying for Indefinite Leave to Remain (ILR) as a victim of domestic violence, it is crucial to provide strong evidence to support your case. The required evidence typically includes:
1. Police Reports: Providing official police reports documenting incidents of domestic violence can be a key piece of supporting evidence.
2. Court Orders: Any relevant court orders, such as protective injunctions or non-molestation orders, should be included in the application.
3. Medical Reports: Medical reports detailing injuries sustained as a result of domestic violence can strengthen your case.
4. Witness Statements: Statements from witnesses who can testify to the domestic abuse you have experienced can be valuable evidence.
5. Supporting Documents: Any other relevant documentation, such as letters from social workers, domestic violence support organizations, or counsellors, should also be included.
By providing a comprehensive range of evidence that clearly demonstrates the domestic violence you have experienced, you can bolster your application for ILR as a victim of domestic violence. It is important to ensure that the evidence is detailed, specific, and relevant to your situation to increase the chances of a successful outcome.
4. How long does it take to process an application for ILR as a victim of domestic violence?
The processing time for an application for Indefinite Leave to Remain (ILR) as a victim of domestic violence can vary depending on various factors such as the complexity of the case, the completeness of the application, and the current caseload of the Home Office. Typically, the Home Office aims to process ILR applications within six months from the date of submission. However, it is important to note that processing times can be longer in some cases. It is recommended to ensure that all required documents are submitted with the application to avoid delays in processing. Additionally, applicants can check the current processing times on the UK government’s official website for more up-to-date information.
5. Can I work in the UK while my ILR application as a victim of domestic violence is being processed?
Yes, you can work in the UK while your ILR application as a victim of domestic violence is being processed, provided that you meet certain conditions. As an applicant for ILR on the basis of domestic violence, you are eligible for the interim temporary concession (ITC), which allows you to work in the UK while your application is pending. In order to work under this concession, you must have already been granted leave to remain in the UK as a victim of domestic violence and have made a valid application for ILR. It is important to note that you should inform your employer about your immigration status and provide them with evidence of your eligibility to work under the ITC. Additionally, you should keep yourself updated on the progress of your ILR application and comply with any requirements specified by the Home Office during the processing period.
6. What are the English language requirements for ILR as a victim of domestic violence?
The English language requirements for Indefinite Leave to Remain (ILR) as a victim of domestic violence are as follows:
1. Exemption: Victims of domestic violence applying for ILR under the Domestic Violence (DV) settlement category are exempt from meeting the English language requirement.
2. Evidence: Applicants should provide relevant documentary evidence of their circumstances as a victim of domestic violence to support their ILR application. This includes a detailed account of the abuse suffered and any other relevant supporting documents.
3. Additional Support: Victims of domestic violence may be entitled to additional support during the application process, including assistance from support organizations and legal aid services.
Overall, the English language requirement is not applicable to victims of domestic violence applying for ILR, recognizing the challenges and vulnerabilities they may face in such situations.
7. Can I include my dependent family members on my ILR application as a victim of domestic violence?
Yes, you can include dependent family members on your ILR application as a victim of domestic violence. This is important for ensuring the safety and well-being of all individuals affected by the domestic violence situation. To include your dependent family members on your application, you must provide evidence to demonstrate that they are financially dependent on you or that there are compassionate or compelling reasons for them to be included. It is crucial to provide as much relevant documentation and information as possible to support their inclusion on the application. Additionally, seeking guidance from a legal expert or immigration advisor specialized in domestic violence cases can be beneficial in ensuring that the application is completed accurately and effectively.
8. What fees are associated with applying for ILR as a victim of domestic violence?
The fees associated with applying for Indefinite Leave to Remain (ILR) as a victim of domestic violence are as follows:
1. The standard application fee for ILR as a victim of domestic violence is currently £2,389 per applicant as of October 2021. This fee includes the application processing fee and the Immigration Health Surcharge.
2. Additionally, there may be other fees or costs associated with the application process, such as fees for obtaining supporting documents, translations, or legal advice.
It is important for applicants to carefully review the most up-to-date fee information on the official UK government website before submitting their application to ensure they are aware of the total cost involved.
9. Can I apply for ILR as a victim of domestic violence if I have a criminal record?
Yes, you can still apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence even if you have a criminal record. However, having a criminal record may affect your application and you may need to disclose this information when applying for ILR. Here are some points to consider:
1. It is important to be transparent about your criminal record and provide accurate and complete information about any criminal convictions or charges on your application.
2. The Home Office will assess your application taking into account the nature of the criminal offence, the circumstances surrounding it, and how long ago it occurred.
3. Serious criminal convictions may impact your eligibility for ILR as a victim of domestic violence, so it is advisable to seek professional legal advice before submitting your application.
4. Providing evidence of rehabilitation and good conduct since the conviction may support your case for ILR despite having a criminal record.
In summary, having a criminal record does not automatically disqualify you from applying for ILR as a victim of domestic violence, but it is crucial to address this issue carefully and provide any necessary documentation to strengthen your application.
10. What rights and benefits do I have as an ILR holder as a victim of domestic violence?
As an Indefinite Leave to Remain (ILR) holder as a victim of domestic violence, you are entitled to various rights and benefits in the UK. These include:
1. Permanent residency: ILR allows you to stay in the UK without any time restrictions, providing you with security and stability.
2. Access to public funds: You may be eligible to access public funds for financial support, including benefits and housing assistance.
3. Permission to work: ILR grants you permission to work in the UK without restrictions, enabling you to pursue employment opportunities and build a sustainable livelihood.
4. Healthcare: You have access to the National Health Service (NHS) and can benefit from free or subsidized healthcare services.
5. Protection from deportation: ILR protects you from being deported from the UK, allowing you to live in the country without fear of removal.
6. Ability to sponsor family members: You may have the right to sponsor certain family members to join you in the UK under specific conditions.
These rights and benefits aim to support and empower victims of domestic violence who have been granted ILR, providing them with the resources and assistance needed to rebuild their lives in a safe and secure environment.
11. How long do I have to have been a victim of domestic violence to be eligible for ILR?
To be eligible for Indefinite Leave to Remain (ILR) as a victim of domestic violence in the UK, you generally need to have been a victim of domestic violence for a period not less than two years. This means that you must provide evidence of having been subjected to domestic violence for at least two years before you can apply for ILR under this category. It is crucial to gather all necessary documentation and evidence to support your application, such as police reports, medical records, letters from support organizations, and any other relevant proof of the domestic violence you have suffered. Meeting the specific requirements and providing compelling evidence is crucial to a successful application for ILR as a victim of domestic violence.
12. Can I switch from another visa category to ILR as a victim of domestic violence?
Yes, you can switch from another visa category to Indefinite Leave to Remain (ILR) as a victim of domestic violence. In order to qualify for ILR under the Domestic Violence (SET DV) route, you must meet certain eligibility criteria including having been granted limited leave to remain in the UK as a partner of a British citizen or settled person, having experienced domestic violence during the relationship, and having reported the abuse to the authorities. You will need to submit Form SET(DV) along with the required supporting documents to demonstrate your eligibility for ILR under this category. It is important to seek advice from an immigration professional to ensure that you meet all the requirements and submit a strong application to switch to ILR as a victim of domestic violence.
13. What happens if my ILR application as a victim of domestic violence is refused?
If your ILR application as a victim of domestic violence is refused, you have several options available to you:
1. Appeal: You may have the right to appeal the decision if you believe there were errors made in assessing your application or if you have new information to present.
2. Reapply: You can consider reapplying for ILR if there are any changes in your circumstances or if you can provide additional evidence to strengthen your case.
3. Seek legal advice: Consulting with an immigration lawyer or an organization specializing in domestic violence cases can help you understand your options and provide guidance on the best course of action to take.
4. Consider other potential routes: You may explore other immigration routes that could be available to you based on your individual circumstances.
It is essential to carefully review the reasons for the refusal and seek expert advice to determine the most suitable next steps in your case.
14. Can I appeal a decision on my ILR application as a victim of domestic violence?
Yes, you can appeal a decision on your ILR application as a victim of domestic violence if your application is refused. The decision letter you receive will outline the reasons for refusal and also provide information on how to appeal. When appealing, it is important to review the grounds on which your application was rejected and gather any additional evidence or information that may support your case. Ensure that your appeal is submitted within the specified timeframe provided in the decision letter. You may want to seek legal advice or assistance to help you navigate the appeal process effectively. Keep in mind that appealing a decision can be a complex and time-consuming process, but it is your right to challenge the decision if you believe it was made in error.
15. Are there any specific requirements for supporting documents in an ILR application as a victim of domestic violence?
Yes, there are specific requirements for supporting documents in an ILR application as a victim of domestic violence. These are crucial to provide evidence of the abusive relationship and your eligibility for ILR under the domestic violence immigration rules. Some of the key documents you will typically need to include are:
1. Evidence of relationship: This can include marriage certificates, joint tenancy agreements, or other documentation proving your relationship with the perpetrator.
2. Proof of abuse: You will need to provide evidence of the abuse you have suffered, such as police reports, medical reports, court orders, or statements from support organizations.
3. Confirmation of refugee or humanitarian protection status: If you are applying under this category, you will need to provide documents confirming your status as a refugee or someone granted humanitarian protection.
4. Financial documents: Proof of your financial situation, such as bank statements, payslips, or evidence of benefits you may be receiving.
5. Proof of residence: Documents showing your continuous residence in the UK, such as utility bills or council tax statements.
6. Passport and other identification documents: These are essential for confirming your identity and immigration status.
7. Any other relevant documents: Depending on your individual circumstances, you may also need to provide additional documents to support your application.
It is important to carefully review the specific guidance provided by the Home Office and ensure that you include all the required documents to strengthen your application for ILR as a victim of domestic violence.
16. Can I travel outside of the UK while my ILR application as a victim of domestic violence is being processed?
While your ILR application as a victim of domestic violence is being processed, you are generally advised to remain in the UK until a decision is made. Traveling outside of the UK during this time may complicate your application process or result in delays. However, there are certain circumstances under which you may be able to travel outside of the UK while your application is being processed:
1. If you hold a valid visa that is still in effect while your ILR application is pending, you may be allowed to travel outside of the UK and return before the validity of your visa expires.
2. If you have urgent and legitimate reasons for traveling, such as a family emergency or medical treatment abroad, you may be able to request permission in advance from the Home Office to travel outside of the UK.
3. It is crucial to seek guidance from an immigration expert or legal advisor before making any travel plans to ensure that your travel does not adversely affect your ILR application.
Overall, it is recommended to avoid unnecessary travel outside of the UK until your ILR application is finalized to prevent any complications or potential negative impact on your immigration status.
17. How do I demonstrate that I have been a victim of domestic violence in my ILR application?
In your ILR application as a victim of domestic violence, there are several ways to demonstrate that you have been a victim of domestic violence. These include:
1. Providing a detailed account of the abuse you have suffered, including dates, times, and specific incidents.
2. Submitting any relevant police reports or court documents related to the abuse.
3. Providing letters of support from professionals such as doctors, counselors, or social workers who have knowledge of the abuse.
4. Submitting any medical records or photographs that document injuries sustained as a result of the abuse.
5. Providing any other evidence that supports your claim of being a victim of domestic violence, such as text messages, emails, or witness statements.
It is important to provide as much evidence as possible to support your claim of being a victim of domestic violence in your ILR application. This will help to strengthen your case and increase the likelihood of a successful outcome.
18. Are there any restrictions on the type of evidence that can be used to support an application for ILR as a victim of domestic violence?
Yes, there are certain restrictions on the type of evidence that can be used to support an application for Indefinite Leave to Remain (ILR) as a victim of domestic violence. It is crucial to provide specific and relevant evidence to support your claim, including but not limited to:
1. Police reports or court judgments related to the domestic violence incidents.
2. Medical reports or records documenting injuries sustained due to domestic violence.
3. Statements from professionals such as doctors, social workers, counselors, or support workers who have knowledge of the abuse.
4. Photographs or other forms of physical evidence that can substantiate your claim of domestic violence.
It is important to note that the evidence provided must be credible, recent, and directly related to the domestic abuse suffered. Additionally, the Home Office may request further evidence or documentation to support your application, so it is advisable to seek guidance from legal professionals or support organizations specializing in domestic violence cases.
19. Can I apply for ILR as a victim of domestic violence if my partner is a British citizen or settled person?
Yes, you can apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence even if your abusive partner is a British citizen or settled person. To do so, you must meet specific eligibility criteria and provide evidence of the abuse you have suffered. Here are some key points to consider:
1. You must have been granted a visa as a partner or spouse before applying for ILR under the domestic violence concession.
2. The abuse you have faced must be at the hands of your partner who is a British citizen or settled person.
3. You need to demonstrate that you were in a genuine and subsisting relationship with your abusive partner at the time the visa was granted.
4. You must also show that your relationship broke down as a result of the abuse you suffered.
It is essential to gather as much evidence as possible to support your application, including police reports, medical records, and statements from support organizations. Seeking advice from a legal professional or a support organization specializing in domestic violence cases can greatly assist you in navigating the application process.
20. Is there a time limit for submitting an ILR application as a victim of domestic violence after leaving the abusive relationship?
There is no specific time limit set for submitting an Indefinite Leave to Remain (ILR) application as a victim of domestic violence after leaving the abusive relationship. However, it is important to note that the application should be made as soon as possible after leaving the abusive situation. It is recommended to gather all necessary evidence and documentation to support your claim and to provide a detailed account of the abuse suffered.
1. The Immigration Rules require applicants to demonstrate that they have been granted or are eligible for refugee status, humanitarian protection, or discretionary leave as a victim of domestic violence before applying for ILR.
2. It is also essential to seek legal advice or support from organizations specializing in domestic violence cases to ensure that your application is accurate and well-prepared.
3. Any delays in submitting the application may affect the decision-making process, so it is crucial to proceed without unnecessary delay while ensuring that all requirements are met.