Applying for ILR Under Domestic Violence or Abuse

If your relationship ended because of domestic violence or domestic abuse, you could be eligible to make an application for Indefinite Leave to Remain (ILR) under UK Home Office regulations. In this guide, Dr Bernard Andonian explains how applying for ILR under Domestic Violence works and what steps you can take to secure UK residency if you are a victim of such abusive behaviours. 

For clarity, domestic violence is a term that coins a range of abusive behaviours, including threats, violence, or various forms of abuse enacted between adults – those over the age of 18 – who are involved in a romantic relationship or are members of the same family. It is crucial to understand that abuse is not exclusively physical; it can manifest in several forms, such as psychological, sexual, financial, or emotional.

Who Qualifies for Indefinite Leave to Remain (ILR) Under Domestic Violence?

If you are a victim of domestic violence or a form of coercive behaviour, Indefinite Leave to Remain (ILR) may be an option if you are a spouse, civil partner, unmarried or same-sex partner of a British citizen or an individual with permanent residence (indefinite leave to remain in the UK.

What Constitutes Domestic Violence or Abuse?

The terms domestic violence and domestic abuse cover a variety of situations that involve but are not limited to:

• Physical violence
• Psychological and mental abuse
• Sexual abuse
• Economic abuse (wherein financial resources are withheld or work is prevented)
• Coercive control
• Online or digital abuse
• Harassment and stalking
• The victim of domestic violence can be of any gender.

What is Coercive Behaviour?

Coercive behaviour – defined by Section 76 of the Serious Crime Act 2015 is behaviour that has a grave impact on a victim. Examples of coercive behaviours include, but are not limited to:

• Keeping track of a person’s schedule and interactions
• Excluding someone from their friends and family
• Dehumanise the victim
• Criticising and dismissing someone as useless
• Managing finances and preventing access to money
• Threats to harm the target, a child, or a pet 
• Denying someone their fundamental rights and basic needs
• Degrading, humiliating, or doing something of this sort to an individual

There is no distinction between psychological (mental) abuse and physical abuse when evaluating whether a person has been the victim of domestic violence, according to the new Home Office rules.

Who Can Not Apply for ILR due to Domestic Violence?

If you live in the UK and have experienced domestic abuse but are on the following immigration paths outlined below, you will not be eligible for ILR. These include:

• Being the spouse, unmarried partner, registered civil partner, fiancé, fiancée, or prospective civil partner of a person with limited leave to enter or limited leave to remain
• A person who plans to request asylum in the UK
• The spouse or civil partner of a foreign or Commonwealth national who is serving in the British services or who has previously served in them and has not yet finished at least four years of “reckonable service.”
• A citizen of the European Economic Area (EEA) or a member of their family

Making an Application for ILR Because of Domestic Violence

Our UK immigration solicitors advise that the following conditions must be satisfied in order to submit a successful application for ILR under domestic violence.

• You must be the spouse of a British citizen, a permanent resident, or a recipient under the 30-month leave-to-remain rule.
• When you apply, you must be physically present in the UK. 
• Your relationship must have ended as a result of abuse or domestic violence by your partner or by your partner’s relatives in the UK.

What is the Relationship Requirement for an ILR Domestic Violence Application?

The relationship requirement for ILR domestic abuse is being able to demonstrate “on the balance of probabilities” that your relationship ended due to domestic violence when you make your application To fulfil this, the Home Office will consider elements like:

• The date of when you submitted your ILR application 
• Your relationship’s duration before you applied for ILR
• Several attempts to obtain leave in the UK on various justifications
• When the abusive incident occurred and any justifications provided in your application

ILR Domestic Violence – How to Apply?

An application for ILR Domestic Violence can be made online and has an application fee of £2,204. Alongside paying the fee, you will need to gather and submit any necessary documentation required to process your application, including and not subject to your passport, current visa status, proof of address relationship status, police documents and other documents which may be required. 

It’s worth noting that individuals in financial need may be eligible for a domestic violence fee waiver. 

For individuals who are destitute, it is possible to apply for the DDV concession, which allows them to stay for up to 3 months and allows them to make claims for benefits. Such individuals include those who have a lack of housing and are unable to afford housing, or do have housing but are unable to pay for necessities like food or heating, or have a very low income, and paying the application fee would be detrimental to the applicant’s child’s well-being.

Domestic Violence Visa (UK) Documentation Requirements

Documents that can be used to support your application are stated in the Home Office’s guidance on ILR for victims of domestic abuse. These include:

• Your partner’s criminal conviction for domestic abuse. This will be regarded as conclusive proof.
• Accepting a police caution is an admission of guilt. This can be taken as proof that domestic abuse took place.
• If the judge determines that domestic abuse occurred, the final order in a civil court.
• The Home Office views a referral to a Multi-Agency Risk Assessment Conference (MARAC) that has been verified by a member of a MARAC as significant evidence.
• The Home Office considers a Crown Prosecution Service (CPS) charging decision to be substantial evidence.
• The Home Office views a domestic abuse protection order as conclusive proof.

UK Domestic Violence Visa Processing Time 

Finalising applications for ILR under the domestic violence provisions may take up to six months. You can minimise the amount of time it takes for your domestic violence visa to be processed by making sure that all relevant information is included in your application on your first attempt.