Spouse Visa Domestic Violence UK | Set DV Application

This relates to ILR as Victim of Domestic Violence, also covers the Home Office Rules for Domestic Violence– Appendix FM and Immigration Rules domestic violence.

Spouse Visa Domestic Violence UK

Spouse Visa Domestic Violence UK Set DV Application

This category is for those applicants who have been granted a limited leave to enter/ remain or an extension in the United Kingdom as the 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.

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 £2297 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:

  1. applicant must be residing in the UK;
  2. an applicant is required to furnish a valid application for an ILR in the UK as a victim of domestic violence;
  3. the application must not fall for refusal under any of the grounds stated in Section S-LTR: Suitability-for leave to remain; and
  4. 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:
      1. as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the United Kingdom;
      2. to enable access to public funds pending application under DVILR; or
      3. 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 Rules for Domestic Violence

Home Office Rules for Domestic Violence are covered under Section DVILR of Appendix FM and Paragraph 289A of the Immigration Rules.

Domestic Violence Appendix FM Immigration Rules

The Section DVILR relates to ILR (Settlement) as a Victim of Domestic Violence and states as under:

Section DVILR: Indefinite leave to remain (settlement) as a victim of domestic violence

DVILR.1.1. The requirements to be met for indefinite leave to remain in the UK as a victim of domestic violence are that-

(a) the applicant must be in the UK;
(b) the applicant must have made a valid application for indefinite leave to remain as a victim of domestic violence;
(c) the applicant must not fall for refusal under any of the grounds in Section S-ILR: Suitability-indefinite leave to remain; and
(d) the applicant must meet all of the requirements of Section E-DVILR: Eligibility for indefinite leave to remain as a victim of domestic violence.
Section E-DVILR: Eligibility for indefinite leave to remain as a victim of domestic violence
E-DVILR.1.1. To meet the eligibility requirements for indefinite leave to remain as a victim of domestic violence all of the requirements of paragraphs E-DVILR.1.2. and 1.3. must be met.

E-DVILR.1.2. The applicant’s first grant of limited leave under this Appendix 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 under paragraph D-ECP.1.1., D-LTRP.1.1. or D-LTRP.1.2. of this Appendix and any subsequent grant of limited leave must have been:

(a) granted as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the UK under paragraph D-ECP.1.1., D-LTRP.1.1. or D-LTRP.1.2. of this Appendix; or
(b) granted to enable access to public funds pending an application under DVILR and the preceding grant of leave was granted as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the UK under paragraph D-ECP.1.1., D-LTRP.1.1. or D-LTRP.1.2. of this Appendix; or
(c) granted under paragraph D-DVILR.1.2.

E-DVILR.1.3. The applicant must provide evidence that during the last period of limited leave as a partner of a British Citizen or a person settled in the UK under paragraph D-ECP.1.1., D-LTRP.1.1 or D-LTRP.1.2 of this Appendix the applicant’s relationship with their partner broke down permanently as a result of domestic violence.

Section D-DVILR: Decision on application for indefinite leave to remain as a victim of domestic violence

D-DVILR.1.1. If the applicant meets all of the requirements for indefinite leave to remain as a victim of domestic violence the applicant will be granted indefinite leave to remain.

D-DVILR.1.2. If the applicant does not meet the requirements for indefinite leave to remain as a victim of domestic violence only because paragraph S-ILR.1.5. or S-ILR.1.6. applies, the applicant will be granted further limited leave to remain for a period not exceeding 30 months.

D-DVILR.1.3. If the applicant does not meet the requirements for indefinite leave to remain as a victim of domestic violence, or further limited leave to remain under paragraph D-DVILR.1.2. the application will be refused.

Immigration Rules Domestic Violence- Paragraph 289A

The Paragraph 289A explains the requirement for granting Indefinite Leave to Remain as Victim of Domestic Violence persons, who previously have been granted either a Leave to Enter as the Spouse or Civil Partner, Unmarried or Same-Sex Partner or an Extension of Stay/Leave to Remain as the Spouse or Civil partner, Unmarried or Same-Sex Partner of a Person Present and Settled in the UK.

Requirements for indefinite leave to remain in the United Kingdom as the victim of domestic violence

289A. The requirements to be met by a person who is the victim of domestic violence and who is seeking indefinite leave to remain in the United Kingdom are that the applicant:

(i)

(a) the applicant was last admitted to the UK for a period not exceeding 27 months in accordance with sub-paragraph 282(a), 282(c), 295B(a) or 295B(c) of these Rules; or

(b) the applicant was last granted leave to remain as the spouse or civil partner or unmarried partner or same-sex partner of a person present and settled in the UK in accordance with paragraph 285 or 295E of these Rules, except where that leave extends leave originally granted to the applicant as the partner of a Relevant Points Based System Migrant; or

(c) the applicant was last granted leave to enable access to public funds pending an application under paragraph 289A and the preceding grant of leave was given in accordance with paragraph 282(a), 282(c), 285, 295B(a), 295B(c) or 295E of these Rules, except where that leave extends leave originally granted to the applicant as the partner of a Relevant Points Based System Migrant; and

(ii) the relationship with their spouse or civil partner or unmarried partner or same-sex partner, as appropriate, was subsisting at the beginning of the last period of leave granted in accordance with paragraph 282(a), 282(c), 285, 295B(a), 295B(c) or 295E of these Rules; and

(iii) is able to produce evidence to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence; and

(iv) DELETED

(v) DELETED

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Related: Extension of Stay as Spouse or Civil PartnerLeave to Remain as Unmarried or Same-sex PartnerImmigration Rules Guidance, Appendix FM, SET (DV) Application Form 2017 and SET (DV) Guidance Notes

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