Indefinite Leave to Remain (ILR) as a Victim of Domestic Violence

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.

Eligibility:

The requirements to be met for indefinite leave to remain 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.

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;

    • as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the UK;

    • granted to enable access to public funds pending an application under DVILR.; or

    • 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.

Duration of Visa:

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.

If you wish to obtain advice or legal assistance in respect of your immigration matter, we offer an affordable and confidential consultation at a fixed fee with and experienced immigration lawyer where we can answer your questions and explain the processes that will apply. Your consultation fees will be set off against your instructions to the firm if you go on to instruct us.

For more information or to book an initial consultation, please contact us

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KB Law Solicitors is the trading name of KB Law Solicitors Limited. Authorised and regulated by the Solicitors Regulation Authority under SRA registration number 638922. KB Law Solicitors Ltd is a limited Company registered in England and Wales under registration number 10194135.