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 under Appendix FM of the Immigration Rules.
Spouse Visa Domestic Violence UK: FAQs
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.
A family member is either a 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.
The domestic violence category is for those applicants who have 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.
Accordingly, there is a provision in section DVILR of Appendix FM, 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.
What are the SET DV spouse visa domestic violence requirements?
Apparently, the SET DV spouse visa requirements for ILR as a victims of domestic violence are:
- applicant must be residing in the UK;
- an applicant needs to furnish a valid ILR application 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.
What the eligibility requirements for SET DV applications?
If an applicant intends to apply for spouse visa ILR as a victim of domestic violence then needs to meet the eligibility requirements under paragraphs E-DVILR.1.2- 1.4 of Appendix FM:
- 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.
What are the exemptions for spouse visa domestic violence?
Quite clearly, the SET DV spouse visa domestic violence ILR applicants are exempt from knowledge of English language and passing life in the UK Test.
Moreover, 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.
What is the Set DV ILR application processing time?
ILR Processing Time is usually 6 months days. However, for non-straightforward complex applications, the UK settlement visa processing time may extend beyond the time limit. Perhaps, due to the fact that most of the Set DV cases are complex and as such not straightforward. Therefore, in case of Set DV Domestic Violence ILR Applications it is not easy to predict the processing time accurately.
When an applicant may receive acknowledgement letter?
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.
When an applicant may approach the local MP?
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.
How to expedite Set DV spouse visa domestic violence application?
For expediting spouse visa domestic violence application process it is necessary to sufficient supporting evidence with the application such as:
- medical reports
- a letter from Domestic Violence counsellor
- witness(es) supporting letter(s)
- police report
- chronology of events