In the realm of immigration law, there are few areas as sensitive and challenging as cases involving victims of domestic violence seeking Indefinite Leave to Remain (ILR) in the United Kingdom. The immigration rules governing such cases fall under Appendix FM, specifically Section DVILR, which outlines the criteria and procedures for those who have experienced domestic violence and wish to secure their status in the UK. In this guide, we will delve into the intricacies of applying for ILR under Appendix FM, Section DVILR, providing victims of domestic violence with the basics to navigate this complex process successfully.
What is Appendix FM Section DV-ILR?
Appendix FM, Section DVILR, was introduced as a vital provision to protect victims of domestic violence. Its primary objective is to provide a route for victims to obtain ILR, ensuring their safety, security, and stability in the UK. To be eligible for ILR under DVILR, applicants must meet specific criteria and follow a well-defined procedure.
What is the eligibility criteria for DV-ILR?
The applicant must have been granted limited leave to remain as a partner of a British Citizen or a person present or settled in the UK, and must satisfy the following criteria:
(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 abuse;
(c) the applicant must not be refused under any grounds in suitability within Section S-ILR: Suitability-indefinite leave to remain;
(d) the applicant must meet all of the requirements of Section E-DVILR: Eligibility for indefinite leave to remain as a victim of domestic abuse.
To expand on Section E-DVILR: Eligibility for indefinite leave to remain as a victim of domestic abuse, the requirements are as follows:
1. Relationship with the Perpetrator:
To qualify under DVILR, applicants must be either a spouse, civil partner, partner, or same-sex partner with the perpetrator of the domestic violence.
2. Proof of Domestic Violence:
Applicants must provide substantial evidence to demonstrate that they have been victims of domestic violence in the last period of limited leave. This evidence can include, but is not limited to:
- Police reports
- Medical records
- Court judgments
- Statements from support organisations
- Social services reports
It’s important to note that domestic violence and abuse can be emotional, phycological, physical, sexual, or financial. It includes threatening or controlling behaviour to try to harm, isolate or frighten someone.
3. Good Character:
Applicants must meet the UK’s good character requirements, which generally means having no serious criminal convictions or immigration breaches.
Applicants should be aware that the Immigration Rules do not require them to pass the Knowledge of language and life test when applying for ILR as a victim of domestic violence.
What is the application process for DV-ILR?
Once an applicant has determined their eligibility under DVILR, they can begin the application process. Here are the key steps to follow:
1. Completing the Application Form:
Applicants should complete the SET (DV) form, for settling in the UK as a victim of domestic violence. It is essential to ensure that all sections of the form are accurately filled out.
2. Gathering Supporting Documents:
Assembling a robust portfolio of supporting documents is crucial. These should include evidence of domestic violence, proof of residence, and any other relevant documentation to strengthen the case.
3. Proof of Relationship:
Applicants must provide evidence of their relationship with the perpetrator. This can include marriage certificates, or other relevant documents.
4. Biometric Information:
Applicants will need to attend an appointment at a designated service centre to provide their biometric information, including fingerprints and photographs.
5. Application Fee:
Applicants are required to pay the application fee, unless exempt, when submitting their application. Currently, the application fee amounts to £2,404 per person, but can vary depending on the specific immigration route and applicant’s circumstances.
6. Waiting Period:
After submitting the application, there will be a waiting period while the Home Office reviews the case. This can take several weeks or even months, depending on the complexity of the application and current processing times.
7. Decision Notification:
Once a decision has been reached, the Home Office will notify the applicant in writing. If the application is successful, the applicant will be granted ILR. If it is refused, the decision letter will outline the reasons for refusal and the applicant’s right to appeal.
Can I include my children in the application for DV-ILR?
You can include children on your application if they’re eligible and your ex-partner is their other parent.
Any children added to the application must be under 18 years old and have had a valid visa to be in the UK. They must also:
- have been living with you and your ex-partner
- have proof that they will be supported and have adequate accommodation without public funds
- not be married, in a civil partnership or living an independent life
What advice would you give to someone applying for ILR under Domestic Abuse?
Applying for Indefinite Leave to Remain as a victim of domestic violence under Appendix FM, Section DVILR, is a challenging process, but it offers a lifeline to those who have experienced such distressing circumstances. It is important for applicants to understand the eligibility criteria and adhere to the application process diligently. Seeking legal advice and support from experienced immigration solicitors is highly recommended to ensure the best possible chance of success.
Please be aware that nothing in this article constitutes legal advice on which you should rely. This article is published for general information only and professional legal advice should always be sought before taking any action related to or relying on the content of this article.
