ILR Refused for Victims of Domestic Violence

If your ILR application as a victim of domestic violence is refused, you may be eligible to appeal but only if the refusal letter grants the right to do so.

Considering an ILR appeal or reapplication after refusal? Consulting an immigration solicitor can help you understand your options.

If your ILR was refused as a domestic violence victim, call our solicitor at 0203 417 3700 to discuss the reasons, appeal options, timeline, and costs involved.

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What Is ILR for Domestic Violence Victims?

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

ILR is a permanent residency status in the UK that allows you to 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.

4 Common Reasons for ILR Refusal for Domestic Violence Victims

Indefinite Leave to Remain (ILR) as a victim of domestic violence in the UK can be refused for several reasons. Here are some common grounds for refusal:

1. Lack of Sufficient Evidence

One main reason for ILR refusal is not having enough proof of abuse. The UK Home Office needs strong evidence to prove domestic violence. This can include police reports, medical records, and witness statements. Without this, your application might be denied.

2. Failure to Meet Immigration Requirements

ILR applicants must meet certain rules, like living in the UK for a certain time. Victims on a partner or spouse visa might fail to meet these rules. For example, not having enough money or not living with a British citizen can lead to refusal.

3. Credibility Concerns

The Home Office checks ILR applications carefully. If there are doubts about your claim, it might be refused. This is hard for victims, as abuse can make it hard to gather evidence or remember events clearly.

4. Dependency on Public Funds

If the Home Office thinks you've relied too much on public funds, your application might be refused. This can happen if you've used state support after leaving your abusive partner. They might see this as not following visa rules.

What to Do If Your ILR Application Is Refused

If your ILR application is refused, the Home Office will send a refusal letter outlining the reasons for their decision.

Depending on the situation, you may have options such as requesting an administrative review, appealing on human rights grounds, or pursuing a judicial review.

If an appeal is not an option, you may need to reapply with additional supporting evidence

You generally have the following four options:

1. Appeal to the First-tier Tribunal (Immigration and Asylum Chamber)

You can appeal to the First-tier Tribunal if your ILR application under domestic violence is refused. The refusal letter must give you the right to appeal.

This right is for specific situations like when refusing your ILR application would breach your human rights. If your letter doesn't allow an appeal, you can't challenge the decision this way.

2. Administrative Review (AR)

If you don't have the right to appeal, you might be eligible for an Administrative Review.

An Administrative Review is an option for individuals whose ILR (Indefinite Leave to Remain) application as a victim of domestic violence has been refused and who do not have the right to appeal the decision directly.

An Administrative Review allows you to request a reassessment of the decision made on your ILR application by a different officer.

After receiving the refusal letter, you must submit your Administrative Review request within 14 calendar days if you are in the UK. The fee for this review is £80.

3. Judicial Review (JR)

Judicial Review lets you challenge a Home Office decision in the Upper Tribunal Immigration and Asylum Chamber (UTIAC). If you think the decision was wrong, you can apply for a Judicial Review.

First, send a Pre-Action Letter to the Home Office explaining why you're challenging the decision. This follows the Pre-Action Protocol (PAP), aiming to solve the issue without going to court. If it can't be resolved, you can proceed with the judicial review in court.

4. Reapply for ILR After Being Refused

If your ILR application as a victim of domestic violence is refused, you can reapply. But, first, understand why it was refused.

Gather all your documents and think about adding new evidence. A new application gives you another chance. But make sure to strengthen your case to increase your chances of success.

5. Seek Legal Advice and Representation

Challenging an ILR refusal can be hard, even more so for those who've been through domestic violence. An experienced immigration lawyer can help a lot. They can help you understand your rights, gather evidence, and make sure your appeal is done right.

If your ILR application has been refused and you want to improve your chances of overturning the decision, get in touch with Wembley Solicitors at 0203 417 3700.

The Appeal Process: A Step-by-Step Guide

If your ILR application based on domestic violence is denied, it’s key to understand the appeal process. Here’s what you can expect:

1. Receiving the Refusal Letter

If your ILR application as a victim of domestic violence or abuse is rejected, you might be given the right to appeal the ILR refusal. You can only appeal if the appeal right is given in the refusal letter.

The Home Office will send a refusal letter outlining the reasons for refusal and appeal eligibility after rejecting your ILR application.

2. Preparing Your Appeal

Organise your case thoroughly for the appeal. Gather all relevant documents, including evidence of abuse, and prepare a strong appeal submission. Seeking advice from an experienced immigration lawyer can significantly improve your chances.

3. Filing the Appeal

File your appeal with the First-tier Tribunal (Immigration and Asylum Chamber) within 14 days of receiving the refusal letter. Missing the deadline can harm your case.

4. The Tribunal Hearing

After submitting the appeal, a hearing will be scheduled. You or your solicitor will present your case and argue why the refusal should be overturned. Victims of domestic violence may be excused from attending in person.

5. The Tribunal’s Decision

The judge will decide after the hearing. You will receive a report outlining whether your appeal was successful.

If the tribunal dismisses your appeal, you may appeal to the Upper Tribunal or request a Judicial Review if there was a legal error. You can also pursue an administrative review or reapply for ILR.

Essential Evidence for an ILR Appeal

Strong evidence is vital for appealing an ILR refusal in domestic violence cases. This evidence must clearly show the abuse experienced during the relationship with a British citizen or someone with settled status in the UK.

Key documents include:

• Police Reports: Police reports can serve as strong evidence if the police were involved due to the abuse.
• Medical Records: Hospital and GP records documenting injuries or mental health issues linked to domestic violence are useful.
• Witness Statements: Statements from family, friends, or neighbours who witnessed the abuse, along with letters from professionals, can support your case.
• Judicial Orders: Court-issued documents against the abuser can strengthen your case.
• Personal Testimony: A personal statement detailing the abuse can provide important insight into the situation.

Gathering this evidence can be emotionally challenging. Fortunately, many organisations help victims gather evidence for their ILR applications. These include domestic abuse support services, refugee shelters, and experienced immigration solicitors.

It's also important to present your evidence clearly and in an organised manner. A timeline of events, paired with supporting documents, can help structure your argument for the Home Office or tribunal during an appeal.

ILR Appeal Timeline

After receiving your refusal letter, you’ll have only 14 days to submit your appeal to challenge the refusal of ILR under domestic violence. Missing the deadline could result in losing your chance to challenge the decision. It's important to act fast and seek legal advice to meet the deadline.

ILR Appeal Processing Time for Domestic Violence Cases in 2025

The ILR appeal process typically takes between 6 to 12 months after submission, but the exact duration can vary based on the complexity of your case and the court’s workload.

Chances of Gaining ILR After Refusal

Getting ILR as a victim of domestic violence after a refusal depends on your appeal's strength and evidence. Generally, your chances are around 50%. You need to address the refusal reasons and provide strong evidence to show the Home Office was wrong.

The appeal process offers a second chance to clarify issues or provide missing information. Focus on the refusal reasons and present clear evidence to increase your chances of success.

How Can Wembley Solicitors Help with an ILR Refusal?

At Wembley Solicitors, we specialise in immigration law and are here to assist with ILR refusals for victims of domestic violence.

Here's how we can assist:

1. Assessment and Advice

We'll assess your situation and discuss the refusal letter with you. We'll guide you on the best steps, ensuring you're informed at every stage.

2. Preparing Grounds for Appeal

We'll prepare your appeal, explaining why the refusal should be overturned. This includes drafting witness statements if needed.

3. Gathering Supporting Documents

Our team will help you gather the necessary documents to address the refusal concerns. We'll ensure your case is well-documented.

4. Presenting a Stronger Case

If you're reapplying for ILR, we'll make sure your new application addresses the original refusal reasons. This boosts your chances of success.

5. Guiding You Through the Appeal Process

We'll explain the appeal process, including the timeline and legal costs. We'll prepare you for every stage, including delays or setbacks.

6. Legal Representation Throughout the Process

Our immigration solicitors will handle all legal work for your appeal. We'll manage the process until a decision is made, aiming for the best outcome.

Why Choose Wembley Solicitors?

Dealing with an ILR refusal, particularly in challenging cases like those involving domestic violence, can be incredibly stressful.

At Wembley Solicitors, our team is dedicated to helping you overcome a refusal and keep your right to stay in the UK. We bring years of experience and expertise in immigration law, ensuring that you have the best possible chance of success.

To get started or book a consultation, call us at 0203 417 3700. Let us help you turn your ILR refusal into a success.

Contact Immigration Appeal Solicitors

Call Wembley Solicitors today at 0203 417 3700 to schedule a consultation and take the first step towards overturning your ILR refusal.

Alternatively, you can fill in our online contact form and we will get back to you as soon as possible.