ILR Domestic Violence Rejected – The Administrative Review Process

Understanding ILR and Domestic Violence

Many of you reading this may already know that ILR stands for Indefinite Leave to Remain, which is an immigration status granted by the UK Home Office to eligible individuals allowing them the freedom to remain and work anywhere in the UK indefinitely. Indefinite leave to remain is also an essential step towards applying for British citizenship.

Moreover, domestic violence is a common term that includes various forms of abuse and coercive behaviour. This can include physical, emotional, psychological, or financial abuse by an intimate partner or family member. The case of domestic violence becomes naturally linked with immigration status when victims need to free themselves from their harsh situation, and they are in the UK on a qualified visa such as a Spouse, Fiance or Civil partner visa, to name a few. 

Domestic violence victims may be qualified to apply for ILR under the Domestic Violence Visa (DDV) rule. This provision enables victims who are in the UK as a partner of a British citizen or settled person to apply for ILR if their relationship broke down permanently due to domestic violence.

Learn more about Applying for ILR under Domestic Violence

Administrative Review Application for ILR Domestic Violence

Regrettably, not all ILR applications under the domestic violence rule are successful. In such cases, the Home Office might refuse an application for ILR due to insufficient supporting documents, misinterpretation of the immigration rules, or other reasons. This refusal can bring an already vulnerable victim of domestic violence back into uncertainty and distress.

A refusal occurs when an applicant receives a refusal letter from the Home Office describing the reasons for it and outlining potential options, such as the right to appeal or the right for an administrative review. If you are granted teh right for an administrative review, you will be able to challenge the Home Office’s refusal determination under the premise that an administrative error or mistake has been made in the assessment of your application resulting in a refusal.

The effect of a refused ILR application can be substantial for domestic violence victims. In many cases, these individuals have escaped dangerous environments and are desperate for the security and stability that ILR can provide. With ILR, victims are no longer tied to their abuser through UK visa conditions, giving them a chance to rebuild their lives without fear.

Eligibility for Administrative Review

As described above, an administrative review can be pursued if an applicant believes that the Home Office has made a mistake in declining their ILR application. While not all decisions are eligible for administrative review, many are.

For instance, a victim of domestic violence may apply for an administrative review if:

1. Their ILR application under the domestic violence rule was refused based on lack of evidence.
2. They were given limited leave to enter or remain instead of indefinite leave.
3. They did not present their case strongly enough to support a human rights violation.

Some case scenarios where this review can be useful might include miscalculations in the time spent in the UK, incorrect conditions attached to a visa, or the duration of leave granted being too short.

However, not everyone can pursue an administrative review. It is often the case where applicants will be offered the right to appeal instead. Or, if not provided anything directly, they may be able to go down the route of a judicial review or make a fresh and more robust application. 

The Process of Applying for an Administrative Review

If you are a victim of domestic violence, going through the administrative review process may seem hard, especially under the stress of a refused ILR application. However, grasping the process can make the process a bit less intimidating.

1. Application: The applicant must complete and submit the appropriate online administrative review application form, whether applying from inside or outside the UK. The form must detail the perceived errors in the original decision and provide supporting evidence. This form must be submitted within 28 days after receiving the decision.
2. Fee Payment: You have to pay a fee for the review while applying.
3. Review: After submitting the application, the Home Office will perform the review based on the errors described in the application but with no additional evidence.