Applying for ILR as a Victim of Domestic Violence

You could be eligible to apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence if your relationship ended because of abuse.

Domestic violence isn’t just threats or physical harm, it also includes psychological, sexual, financial, and emotional abuse in relationships or families.

At Wembley Solicitors, we provide compassionate and confidential legal assistance for victims of domestic violence. Our team can help you navigate the ILR process and secure your right to stay in the UK safely.

If you are a victim of domestic violence or abuse and need to apply for ILR, contact our immigration solicitors at 0203 417 3700 or fill in our enquiry form.

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What Is Indefinite Leave to Remain for Domestic Violence Victims?

If your relationship ended due to domestic violence or abuse, you may be eligible for Indefinite Leave to Remain (ILR) as a victim of domestic violence. Domestic violence includes many types of abuse, like emotional, physical, and financial.

Indefinite Leave to Remain (ILR) is a permanent residency status in the UK. It lets you live and work in the country without any restrictions. ILR also gives access to public funds, healthcare, employment, and education.

It's often the step before applying for British citizenship. You can apply for British citizenship after holding ILR as a victim of domestic violence for at least 12 months.

Who is Eligible for ILR Under Domestic Violence?

Your eligibility for permanent settlement in the UK (ILR) depends on your current immigration status (e.g., visa type) and the reason your relationship ended.

Your current immigration status is usually based on your partner's status, who must be one of the following:

• A British citizen
• A person with indefinite leave to remain or enter
• A UK armed forces member with at least 4 years of service
• A refugee with permission to stay in the UK
• A person with settled status under the EU Settlement Scheme
• An EU, Swiss, Norwegian, Icelandic, or Liechtenstein citizen with pre-settled status under the EU Settlement Scheme

What Are the Eligibility Criteria for Applying for ILR as a Domestic Violence Victim?

You must meet the following criteria:

• The relationship must have ended due to domestic violence or abuse.
• The applicant must be in the UK under a valid immigration status.
• Evidence of domestic violence or abuse (e.g., police reports, medical records).
• Proof of the relationship's breakdown due to abuse.
• The applicant must meet specific domestic violence criteria under UK immigration law.

Your relationship must have ended due to abuse, and you must prove this when applying.

The Requirement to be in the UK at the Time of Application

You must be physically present in the UK when you apply for ILR. If you've left the country, you can't apply under this category, even if you experienced domestic violence in the UK. In such cases, you might need to look into other immigration options, like a human rights claim.

It's important to understand these criteria well for a successful application. If you meet the requirements but need help with evidence or the application, legal advice can boost your chances of approval.

What Qualifies as Domestic Violence?

Domestic violence includes physical, emotional, psychological, financial, and sexual abuse.

Domestic violence is not just physical abuse. It includes various forms of harmful behaviour that create a threatening or controlling environment. The UK Home Office recognises different types of domestic violence when considering ILR applications for victims.

1. Physical Abuse

This includes any form of physical harm or violence, such as hitting, slapping, kicking, choking, or using objects to inflict injury. Even if there are no visible marks, repeated physical aggression is considered domestic violence.

2. Emotional and Psychological Abuse

Abusers often use manipulation, intimidation, or threats to control their victims. Psychological abuse can involve constant criticism, humiliation, blackmail, or making the victim feel worthless. Gaslighting, where the abuser makes the victim question their reality, is also a recognised form of emotional abuse.

3. Financial or Economic Abuse

Controlling a victim’s access to money or financial independence is a common form of domestic abuse. This may include preventing the victim from working, taking their earnings, limiting their access to bank accounts, or forcing them into debt.

4. Sexual Abuse

Any non-consensual sexual activity, coercion, or forced acts are classified as sexual abuse. This includes rape, sexual assault, or pressuring a victim into unwanted sexual activities.

5. Coercive and Controlling Behaviour

Coercive control is a pattern of behaviour that isolates the victim, making them dependent on the abuser. This can include monitoring their phone calls and messages, restricting their movements, cutting them off from friends or family, or using threats to maintain control.

6. Threats and Intimidation

Threatening to harm the victim, their children, or other loved ones is also a form of domestic violence. This includes making verbal threats, destroying personal belongings, or using intimidation tactics to instil fear.

The UK Home Office looks at all types of abuse when checking ILR applications under the Domestic Violence Concession. If you've been abused, collecting evidence is key. This could be police reports, medical records, or witness statements.

Getting legal help can also make your application stronger. It ensures you present your case well.

Evidence Needed to Apply for ILR as a Victim of Domestic Abuse

You will need to provide proof of domestic violence, such as:

• Police reports or crime reference numbers.
• Medical records documenting injuries caused by domestic violence.
• Court orders, such as injunctions or non-molestation orders.
• Letters from domestic violence support organisations or charities.
• Statements from social workers, health professionals, or legal representatives.

Documents Required for ILR Application as a Domestic Violence Victim

You will need to provide:

• Valid passport or travel document
• Visa or immigration documents
• Marriage certificate (if applicable)
• Evidence of cohabitation (e.g., utility bills, joint bank statements)
• Evidence of domestic violence (e.g., police report, medical records)
• Divorce or separation documents (if applicable)
• Statement explaining the relationship breakdown due to domestic violence
• Proof of residence during the relationship (e.g., rental agreements, utility bills)
• Letters from professionals (e.g., doctors, social workers) supporting the abuse claim
• Additional documents supporting the domestic violence claim (e.g., witness statements)

This checklist may vary depending on individual circumstances, and it's recommended to consult with an immigration solicitor for specific requirements.

When to Apply for Victim of Domestic Violence?

Apply for permanent settlement as soon as your relationship ends due to abuse. If your visa is valid, don't wait for it to expire. You can apply from inside the UK or abroad.

How to Apply for ILR as a Victim of Domestic Violence?

The application process has several steps:

Step 1. Check Your Eligibility

Ensure that you meet the criteria for ILR under domestic violence (relationship breakdown due to abuse, valid immigration status, etc.).

Step 2. Gather Required Documents

You need to provide evidence that your relationship ended because of domestic violence. This can include:

• Police reports or court documents (e.g., restraining orders, prosecution records)
• Medical reports from hospitals or doctors confirming injuries or psychological impact
• Support letters from domestic abuse charities or organisations
• Witness statements from friends, family, or professionals who can confirm the abuse
• Social services reports if they were involved in your case

Step 3. Complete the SET (DV) Form

You must fill out the SET (DV) application form online, available on the UK government’s website. This form is for victims of domestic violence.

Step 4. Pay the Application Fee (or Request a Fee Waiver)

The application fee for ILR as a victim of domestic violence is £2,885 as of 2025. If you're struggling financially, you might get a fee waiver. You'll need to show proof of your financial situation when applying for the waiver.

Step 5. Submit Your Biometric Information

You'll need to give fingerprints and a photo as part of the application. This is done at a UK Visa and Citizenship Application Services (UKVCAS) centre.

Step 6. Wait for a Decision

Once you attend your biometric appointment, wait for the decision. ILR applications typically take up to six months to process.

For ILR applications due to domestic violence, contact our immigration solicitors at 0203 417 3700 or fill out our enquiry form.

Children and ILR Domestic Violence Applications

You can include your children in your ILR application if:

• The abusive partner is the child's other parent.
• You have sole responsibility for the child, or the other parent has passed away.
• You can demonstrate you can support the child without public funds.

Children over 18 may also qualify if they have previously been granted dependent status.

How Long Does an ILR as a Victim of Domestic Violence Application Take?

An ILR application as a victim of domestic violence typically takes around 6 months, though it may take longer depending on the case's complexity.

The Home Office UKVI does not offer Priority Service to apply for Indefinite Leave to Remain (ILR) as a victim of domestic violence.

ILR Application Fee for Victims of Domestic Violence

The application fee for Indefinite Leave to Remain (ILR) as a victim of domestic violence is £2,885 per person.

However, if you are applying under the domestic violence route, you may also be eligible for fee exemptions or reductions.

What Happens If Your Application Is Approved?

If your ILR application is successful as a victim of domestic violence, you will be granted Indefinite Leave to Remain (ILR).

You'll be able to:

• Work, study, and run a business.
• Access public services like healthcare and education.
• Apply for benefits and pensions.
• Apply for British citizenship after at least 12 months.

What If Your Application Is Refused?

If your application for ILR as a victim of domestic violence or abuse is denied, you can appeal the decision or request an administrative review. A judicial review may also be possible to challenge the decision-making process

If your ILR application is refused, there are a few potential next steps you can take, depending on the circumstances:

• Appeal the Decision: Appeal if granted the right to do so, based on the refusal reasons and grounds under UK immigration law.
• Reapply: Reapply with new or additional evidence, addressing the refusal reasons.
• Seek Administrative Review: Request a review to check for mistakes or inconsistencies, not a full appeal.
• Legal Advice and Representation: Consult an immigration lawyer to assess your options, including appeal or reapplication.

How Our Immigration Solicitor Assists with ILR for Domestic Violence Victims

Domestic violence immigration cases are often challenging because of inadequate evidence and previous visa concerns.

Consulting an experienced UK immigration solicitor can greatly improve your chances of a successful ILR application.

Here’s how our immigration solicitors can support your ILR application as a domestic violence victim:

• Eligibility Assessment: Evaluates whether the applicant qualifies for ILR under domestic violence provisions.
• Document Preparation: Assists in gathering and submitting required evidence (police reports, medical records, etc.).
• Legal Advice: Give legal advice and immigration rules and requirements.
• Application Submission: Ensures correct completion and timely submission of ILR forms.
• Representation: Represent the applicant in legal proceedings, appeals, or Home Office queries.
• Fee Waivers & Support: Helps apply for fee waivers or financial assistance if eligible.
• Protection & Safety: Advises on rights, safety measures, and support services.
• Liaison with Authorities: Communicates with the Home Office on behalf of the applicant.

Contact Immigration Solicitor for Legal Assistance

If you need to apply for ILR as a domestic violence victim, contact our immigration solicitors in London at 0203 417 3700 or submit an enquiry form.