This relates to Set DV guidance for victims of domestic violence. Accordingly, the post covers the details for spouse visa domestic violence UK and requirements to apply for an ILR in terms of Appendix FM, Immigration Rules.
Spouse Visa Domestic Violence UK
This category is for those applicants who have been granted a limited leave to enter/ remain or an extension in the United Kingdom as a spouse, registered civil partner, same-sex/unmarried partner of a British citizen or a person present and settled in the United Kingdom. The provision is for granting ILR in the UK for those individuals, whose relationship has genuinely broken down, due to domestic violence, during the probationary period of leave.
Meaning of domestic violence
Domestic violence is an incident of abuse, threatening behaviour, violence (physical, psychological, sexual, emotional or financial) between adults who have been either intimate partners or family members, regardless of gender/sexuality. An adult is someone who is eighteen (18) years or above.
Family members, either directly related, in-laws or step-family such as mother, father, daughter, son, sister, brother, and grandparents.
The statutory definition of injury is when any harm is caused to a person by an act or omission of another individual.
Knowledge of language and passing life in the UK Test is not expected under the Immigration Rules for the victims of domestic violence. If an applicant proves that he/she is destitute, then the applicant is also exempt from paying the application fee for an ILR application as a victim of domestic violence. Otherwise, the Home Office Fee is £2,297/- and premium service is not available for SET (DV) applications. The applicant also needs to pay additional £2,297 for each of the dependants.
There is a provision in section DVILR for partners of British Citizens and persons settled in the UK who have been the victim of domestic violence during the probationary period to apply for an ILR as a victim of domestic violence.
Domestic Violence Visa UK- Requirements for Set DV Application
The requirements for ILR as a victim of domestic violence are:
- applicant must be residing in the UK;
- an applicant is required to furnish a valid application for an ILR in the UK as a victim of domestic violence;
- the application must not fall for refusal under any of the grounds stated in Section S-LTR: Suitability-for leave to remain; and
- the applicant must meet all of the requirements of Section E-DVILR: Eligibility for ILR as a victim of domestic violence.
To meet the eligibility requirements for an ILR as a victim of domestic violence the conditions of paragraphs E-DVILR.1.2- 1.4 are required to be met:
- E-DVILR.1.2. The applicant must have been last granted a limited leave:
- as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the United Kingdom;
- to enable access to public funds pending application under DVILR; or
- under paragraph D-DVILR.1.2.
- The applicant is required to provide evidence that during the last period of the limited leave as a partner the relationship with his/her partner broke down permanently as a consequence of the partner’s domestic violence to satisfy the requirements of E-DVILR.1.3.
Domestic Violence ILR Application Set DV Processing Time
ILR Processing Time, from inside the UK, is usually 60 Working Days or 12 Weeks, which may extend to 120 Working Days or 24 Weeks. However, in case of Domestic Violence ILR Applications under Set DV it is not easy to predict the processing time accurately as mostly these cases are complex and as such not straightforward. As a procedure, an applicant usually receives an acknowledgement letter from the Home Office shortly after application submission. Therefore, if an applicant does not receive any further intimation then may send a follow-up letter, preferably through registered delivery. If an applicant does not receive any reply within 3-5 weeks from the Home Office then may approach local representative such as local Member Parliament to write to the Home Office on applicant’s behalf to inquire as to the reasons of delay.
For expediting the application process it is expedient to provide necessary and sufficient supporting evidence with the application such as medical reports, letter from Domestic Violence counsellor, witness(es) supporting letter(s) and police report, along with a chronology of events.
- Home Office Fees 2019/20 for Applications Made in the UK
- UK Immigration Appeal Process for Filing Appeal Against Refusal
- EU Citizens Rights after Brexit: Theresa May Speech 26 June 2017
- Spouse Visa ILR Requirements: Set (M) guidance notes 2019
- Bringing adopted child from overseas and UK child adoption visa
- Immigration Judicial Review procedure, decisions and success rate