ILR Victim Of Domestic Violence | SET (DV) Application

Applying for Indefinite Leave to Remain (ILR) as a victim of domestic violence is an essential step toward safety, independence, and long-term stability. The SET (DV) route is specifically designed for individuals who entered on a partner visa and whose relationship has permanently broken down due to domestic abuse.

If you are applying under this route, you must usually be in the UK at the time of application. However, exceptions exist where an individual has been abandoned overseas due to transnational marriage circumstances.

What is the SET (DV) Application for ILR?

The SET (DV) application is a dedicated settlement route for individuals who originally entered on a spouse, civil partner, or unmarried partner visa but later experienced domestic abuse.

Once ILR is granted, you are free from immigration restrictions, allowing you to live and work without limitations and eventually apply for citizenship if eligible.

What is Domestic Abuse?

Under the Domestic Abuse Act 2021, domestic abuse refers to a single incident or repeated behaviour where one person acts abusively toward another person they are personally connected with (aged 16 or over). This applies regardless of gender or sexual orientation.

Forms of abuse include:

  • Psychological abuse
  • Physical abuse
  • Sexual abuse
  • Financial control
  • Emotional harm
  • Violent behaviour
  • Threats and intimidation
  • Coercive or controlling behaviour

Who Can Apply for ILR Under Domestic Violence?

To qualify under Appendix VDA, you must have last been granted permission in one of the following categories:

  • Partner under Appendix FM (excluding fiancé or proposed civil partner)
  • Spouse, civil partner, or durable partner under Appendix EU
  • Partner of a person with refugee status
  • Partner of a settled person under earlier immigration rules
  • Victim of domestic abuse under Appendix FM
  • Partner under Armed Forces provisions
  • Individuals previously granted leave under the Migrant Victims of Domestic Abuse Concession

Eligibility Criteria for SET (DV) ILR Application

To successfully apply, you must meet the following:

  • Current Visa Status: You must be on a partner visa
  • Relationship Background: You entered as a partner of a British citizen, settled person, or someone with protection status
  • Breakdown Due to Abuse: The relationship must have permanently ended because of domestic violence
  • Evidence Requirement: You must provide strong proof of abuse

Failure to meet these criteria may result in refusal.

Can I Apply for Domestic Violence ILR from Outside the UK?

Yes, in certain situations. If you were abandoned overseas due to domestic abuse, you can apply using the “Return to the UK” form.

This option was expanded following legal developments to support victims who face additional barriers when outside the UK.

What Is Victim Of Domestic Violence (DDV) Concession Application?

The DDV Concession provides temporary protection for victims of domestic abuse who are on partner visas.

It allows you to:

  • Stay in the UK for 3 months
  • Access public funds if needed
  • Prepare and submit your ILR application

To qualify, you must:

  • Be on a partner visa
  • Provide evidence of abuse
  • Intend to apply for ILR

How to Apply for ILR as Domestic Violence from Inside the UK?

Follow these steps:

1. Complete the SET (DV) online form
2. Submit your application and pay the required fee (unless exempt)
3. Book a biometrics appointment via UKVCAS
4. Upload all supporting documents before your appointment
5. Attend your biometrics appointment with required documents
6. Wait for a decision

Processing time is usually 3 to 6 months from biometrics submission.

What Documents Are Required for a UK Domestic Abuse Visa?

You will need to provide evidence such as:

  • Passport or travel document
  • Proof the relationship has ended
  • Police caution (if applicable)
  • Domestic violence protection order
  • Court orders confirming abuse

Additional documents may be required depending on your situation.

Form, Fees, and Time Frames for Indefinite Leave to Remain (ILR) Application for Victims of Domestic Violence or Abuse

  • ILR application fee: £2,885 (unless a fee waiver applies)
  • Immigration Health Surcharge: Not required
  • Processing time: Approximately 6 months

Applying for a Domestic Violence Visa with Children

Children can only be granted settlement under this route if their parent is also being granted ILR at the same time or has already received it.

If this is not the case, alternative immigration options may be considered based on the child’s best interests.

Can I Apply For Fee Waiver For ILR As A Victim Of Domestic Violence?

You may qualify for a fee waiver if you can show:

  • You are a victim of domestic violence
  • You are destitute or would become destitute
  • You cannot afford accommodation
  • You cannot meet essential living needs

Supporting financial and personal evidence is required.

Can I Re-Apply For ILR As a Victim Of Domestic Violence After The Refusal?

Yes, you can re-apply after a refusal. Your options include:

  • Re-applying with stronger evidence (e.g., police reports, medical records)
  • Challenging the decision through appeal or administrative review
  • Seeking professional advice to improve your chances

Addressing the reasons for refusal is essential before reapplying.

When Can I Apply Naturalisation As A British Citizen After ILR As A Victim Of Domestic Violence?

After obtaining ILR, you can usually apply for citizenship after 12 months, provided you meet the following:

  • Residency Requirement: Lived in the UK for 5 years, with no more than 450 days absence and no more than 90 days in the last 12 months
  • Good Character: No serious criminal record and compliance with laws
  • English Language & Life in the UK Test: Must be satisfied unless exempt
  • ILR Holding Period: Must have held ILR for 12 months

Once these requirements are met, you can apply for naturalisation.

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