SET DV Guidance 2023: Secure ILR for Domestic Violence Victims

Understanding the SET DV guidance is crucial for domestic violence victims who hold a UK spouse visa and wish to secure Indefinite Leave to Remain (ILR). This comprehensive guide will walk you through the SET DV application process, eligibility criteria, and provide tips for a successful application.

1. Introduction

For victims of domestic violence holding a UK spouse visa, finding a way to escape their abusive environment is crucial. The UK government offers support to these individuals through the SET DV route, which allows them to apply for Indefinite Leave to Remain (ILR) without being dependent on their abusive partner. Understanding SET DV guidance is essential for domestic violence victims, as it empowers them to make informed decisions and navigate the complex immigration process.

In this blog post, we will provide an in-depth look into the SET DV guidance, eligibility criteria, application process, financial support through the DDV Concession, common reasons for refusal, and steps to take if your SET DV application is refused. Our aim is to equip you with the knowledge you need to successfully apply for ILR as a victim of domestic violence and regain control over your life.

2. SET DV: A Brief Explanation

SET DV is an application form used by victims of domestic violence to apply for Indefinite Leave to Remain (ILR) in the UK. It stands for “Settlement – Domestic Violence,” and it is designed specifically for those who hold a spouse visa or partner visa and have experienced domestic abuse within their relationship.

Purpose and eligibility criteria:

The primary purpose of the SET DV route is to provide a pathway for victims of domestic violence to settle in the UK independently of their abusive partner. To be eligible for ILR under the SET DV route, applicants must meet the following criteria:

1. Hold a valid spouse or partner visa.
2. Provide evidence of domestic violence, which can include physical, emotional, psychological, financial, or sexual abuse.
3. Meet the necessary immigration requirements, including knowledge of the English language and passing the Life in the UK Test, unless exempt due to age, disability, or exceptional circumstances.
4. Have no unspent criminal convictions or pose a threat to national security.

It’s important to note that the SET DV route is only available to those who have already been granted leave to enter or remain in the UK as a spouse, civil partner, unmarried partner, or same-sex partner.

3. SET DV Application Process

How to apply for SET DV:

Download the SET DV application form from the UK Home Office website. Carefully read the accompanying guidance notes to understand the requirements and instructions for completing the form.

Fill out the application form, ensuring that you provide accurate and complete information. Take your time and double-check your responses to avoid any errors that could delay your application or lead to a refusal.

Gather all the required documentation, as listed below, to support your application.

Required documentation:

To apply for ILR under the SET DV route, you will need to submit the following documents:

1. Evidence of your current immigration status, such as a valid spouse or partner visa.
2. Proof of your identity and nationality, such as your passport or a national identity card.
3. Evidence of domestic violence, which can include police reports, court documents, medical records, photographs, or witness statements. You can also submit a letter from a recognized support organization or a legal professional confirming the abuse.
4. Proof of your English language ability, unless exempt. This can include an English language test certificate, a degree taught in English, or a letter from an approved institution confirming your English proficiency.
5. Life in the UK Test pass notification, unless exempt due to age, disability, or exceptional circumstances.

SET DV application fee:

There is no fee for submitting a SET DV application. This is to ensure that victims of domestic violence are not deterred from seeking help due to financial constraints.

Processing times:

The processing time for SET DV applications may vary depending on the complexity of the case and the volume of applications being processed by the Home Office. Generally, the processing time for SET DV applications can take between three to six months. However, it’s essential to keep in mind that processing times are not guaranteed and can be shorter or longer in individual cases. It is recommended to apply as soon as possible to ensure the best chance of success and timely resolution.

4. Financial Support and DDV Concession

Definition of DDV Concession:

The Destitution Domestic Violence (DDV) Concession is a provision in the UK immigration rules that allows victims of domestic violence who are on a spouse or partner visa and have no access to public funds to apply for temporary access to benefits and housing assistance while they pursue an ILR application under the SET DV route. The DDV Concession aims to provide support to vulnerable individuals who may otherwise be unable to escape an abusive relationship due to financial constraints.

Eligibility and application process:

To be eligible for the DDV Concession, you must meet the following criteria:

1. You are in the UK with a valid spouse or partner visa.
2. You have experienced domestic violence or abuse from your partner during your relationship.
3. You have no access to public funds and are facing financial difficulties.

To apply for the DDV Concession, you should follow these steps:

1. Contact the Freephone National Domestic Violence Helpline or a specialist support organization for advice and guidance on your situation.
2. Complete the application form for the DDV Concession, which is available on the UK Home Office website. You will need to provide personal details, information about your relationship, and evidence of the domestic violence you have experienced.
3. Submit the application form, along with any supporting documents, by email or post, as instructed on the form.
4. If your application is successful, you will receive a letter from the Home Office granting you temporary access to public funds and housing assistance for a limited period, usually up to three months. This will allow you to apply for benefits and seek accommodation while you prepare and submit your SET DV application for ILR.
5. Apply for ILR under the SET DV route as soon as possible to ensure that you can maintain your access to financial support and continue your path to settlement in the UK.

5. SET DV Guidance: Common Reasons for Refusal

Insufficient documentation:

One of the primary reasons for SET DV application refusals is the lack of sufficient documentation to prove the domestic violence or abuse. It is crucial to provide evidence, such as police reports, medical records, witness statements, or any other relevant documents that can support your claim. Failure to submit adequate documentation can result in a rejected application.

Incomplete or incorrect application form:

Another common reason for SET DV application refusals is errors or incomplete information on the application form. Mistakes, such as providing incorrect personal details or not answering all required questions, can lead to a refusal. It is essential to carefully review the form and instructions before submitting your application to ensure that all information is accurate and complete.

Tips for avoiding refusals:

To maximize the chances of a successful SET DV application, consider the following tips:

1. Gather all relevant documentation: Assemble all the necessary documents that can support your claim of domestic violence or abuse. Collecting a comprehensive set of evidence can strengthen your case and increase your chances of success.
2. Seek professional help: Consult with a legal professional or immigration expert familiar with the SET DV application process. They can provide guidance on the required documentation and help ensure that your application form is completed accurately.
3. Double-check your application form: Before submitting your application, carefully review the form and all the provided information. Make sure all required fields are filled out, and double-check the accuracy of your personal details.
4. Keep copies of all submitted documents: Maintain copies of all the documents you submit with your application. This will be helpful if you need to reference them later or if your application is refused and you need to reapply or appeal the decision.

By following these tips and ensuring that your SET DV application is accurate, complete, and well-supported by evidence, you can improve your chances of obtaining ILR as a victim of domestic violence.

6. What to Do If Your SET DV Application Is Refused

If your SET DV application is refused, it can be a challenging and frustrating experience. However, there are options available to you to address the refusal and continue your pursuit of ILR. Here are the steps you can take:

Right to appeal and administrative review:

In some cases, you may have the right to appeal the decision or request an administrative review. The appeal process allows you to present your case before an independent tribunal, where you can provide additional evidence or clarification to support your claim. Keep in mind that there are strict deadlines for filing an appeal, usually within 14 days of receiving the refusal decision.

An administrative review, on the other hand, is a process where a different Home Office official reviews your application to determine if the original decision was made in error. This option is typically only available if you believe there has been a case working error in your application assessment. The timeframe for requesting an administrative review is also limited, usually within 28 days of receiving the refusal decision.

Reapplying for SET DV:

If you are not eligible for an appeal or administrative review, or if these options are unsuccessful, you can consider reapplying for SET DV. Before submitting a new application, carefully assess the reasons for the initial refusal and address any issues or shortcomings in your documentation or application form. It may be beneficial to consult with a legal professional or immigration expert to ensure your new application is accurate, complete, and adequately supported by evidence.

In conclusion, while a refused SET DV application can be disheartening, it is crucial not to lose hope. By understanding your options, addressing the reasons for refusal, and seeking professional assistance, you can improve your chances of successfully obtaining ILR as a victim of domestic violence.

7. Frequently Asked Questions

Set DV Domestic Violence Guidance: Key Points

Here, we address some of the most common queries related to SET DV and domestic violence ILR requirements:

Remember, this blog post is meant to provide general guidance and should not be considered legal advice. It is always recommended to consult with a legal professional or immigration expert for personalized advice and assistance with your specific situation.

8. Conclusion

In conclusion, understanding the SET DV guidance is crucial for victims of domestic violence who wish to secure Indefinite Leave to Remain (ILR) in the UK. To recap the key points covered in this blog post:

1. SET DV is a specific ILR application route designed for victims of domestic violence who hold a UK spouse visa.
2. The application process for SET DV involves submitting a completed application form along with the required documentation, including evidence of the domestic violence experienced.
3. The SET DV application fee is £2,389 (as of September 2021), but fees are subject to change. Financial
4. Financial requirements for ILR, the Life in the UK Test, and English language requirements are waived for SET DV applicants.
5. The DDV Concession provides financial support for eligible domestic violence victims during the application process.
6. Common reasons for SET DV refusals include insufficient documentation and incomplete or incorrect application forms.

It is essential for domestic violence victims to seek help and support from friends, family, or relevant organizations. Following the SET DV guidance and ensuring that all necessary documents and evidence are provided can greatly improve the chances of a successful application. Remember, it is always best to consult with a legal professional or immigration expert for personalized advice and assistance with your specific situation. Stay strong, and don’t hesitate to reach out for help.

For further information relating to Set DV, please refer: Gov.UK Domestic Violence Guidance Notes.