How to apply for leave to remain as a victim of domestic violence

The Home Office has ensured victims of domestic violence are able to regain an independent immigration status from their spouse or partner, whereby victims can request indefinite leave in cases where they are experiencing domestic abuse with their spouse.

Domestic violence entails threatening behaviours and violence between the adults aged 18 and older or in relationships. It is important to understand how violent and sexual abuse may affect others in a variety of ways.

Domestic violence and abuse can be emotional, psychological, physical, sexual or financial by coercive or threatening behaviour.

The UK Police reported 446,286 domestic violence cases between 2016-2018. Individuals should contact the police immediately if there is an emergency situation regarding domestic abuse.

You must prove:

• You have permission to stay in the UK – either a visa as someone’s partner or a Victim of Domestic Violence Concession.
• Your relationship broke down because of domestic violence or abuse from your partner or your partner’s family.

Individuals can apply if their partner was one of the following:

• A British citizen.
• A person settled in the UK (including as a refugee).
• A member of the UK armed forces who has served for at least 4 years.

You must be in the UK to apply, and you will need to send your current original passport or travel document.

It must be noted that the Home Office takes domestic violence cases very seriously, as it it a criminal act, and will not be tolerated in the eyes of the law. They will review the evidence submitted by the victim of domestic violence, and act accordingly in an appropriate manner.

Individuals are able to include any children (dependents) in this visa if they are eligible, for example if your ex-partner is their other parent.

If your ex-partner is not their other parent, they can apply if one of the following is true:

• Their other parent is dead.
• You have sole responsibility for their upbringing.
• There are compelling reasons why they should be allowed to stay.

Your child under 18 must have or have had a valid visa to be in the UK. They must also:

• Have been living with you and your ex-partner.
• Have proof they’ll be supported and accommodated adequately without using public funds.
• Not be married, in a civil partnership or living an independent life.

Indefinite leave to remain is how you settle in the UK. It’s also called ‘settlement’. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.

You must tell the Home Office if you separate from your partner and your visa is based on that relationship.

Apply for indefinite leave to remain as soon as possible after the relationship breaks down. Do not wait until your current visa expires.

Applicants will need to have their biometric information (fingerprints and a photo) taken to complete their application. There is no fee for this.

Applicants typically receive an application decision within 6 months.

Individuals are not expected to be living with their abuser while waiting for ILR to be approved.

Applicants can apply for the ‘Victim of Domestic Violence Concession’, which enables them to:

• Obtain permission to stay in the UK for 3 months.
• Become eligible to claim benefits, for example in order to find somewhere safe to live while waiting for your decision.

However, it must be noted that if individuals apply for the concession and then resume their relationship with their partner, they may not be eligible to apply to settle as their partner.

The application fee is £3,226 per person. You can include your children on your application if they are eligible.

The Home Office recognises that not everyone in this situation can afford the application fees, but ILR may be the only viable option for them.

You do not have to pay the ILR application fee if you can provide evidence that you:

• Do not have a place to live and cannot afford one.
• Have a place to live but cannot afford essential living costs like food or heating.
• Have a very low income and paying the fee would harm your child’s wellbeing (if applicable).

Evidence can include bank statements, a signed letter from your local authority or a signed letter from an agency that has been giving you support.

The Home Office recognises that people in this situation lack public funds and can become homeless, due to not being British citizens. The domestic violence concession enables the short-term stay option for those in need.

The applicant does not have to take Life in Britain or English language tests in order to qualify for this program.

Indefinite leave to return is a permanent visa status that allows an individual whose residence is granted to be granted a permanent residence or employment permit within the British Empire.

With a permanent permit you can leave and return home with no restrictions on immigration.