Settlement As A Victim Of Domestic Violence

Statistics show that more than 1.9 million adults aged 16 to 59 years experienced domestic abuse in the last year, according to the Crime Survey for England and Wales (1.2 million women, 713,000 men) dated March 2017.

The Application for settlement as a victim of domestic violence comes from the necessity to face this concerning index of domestic abuse and guarantee adequate support to victims.

Appendix FM section DVILR only apply to applicants who have previously been granted leave to enter or remain as the:

  • Spouse
  • Civil Partner
  • Unmarried or Same-Sex Partner

or any of the following:

  • British Citizen
  • Settled Person or Member of HM Forces (who has served for at least 4 years)

The possibility to apply for settlement as a victim of domestic violence is guaranteed in order to avoid that people abused within their domestic environment feel forced to stay in such a kind of relationship to prevent their expulsion from the Country. 

In order to be eligible for Indefinite Leave to Remain as a victim of domestic violence, the Applicant must meet the following requirements:

  1. Having been previously granted leave as a partner of a British citizen or a person settled in the UK
  2. The relationship from which the violence derives has come to an end before the leave expire date
  3. The relationship broke down because of the domestic violence

Often, victims of domestic violence are also reluctant to report violence episodes to the police as they rely on their partner financial support in the UK. In the light of this, the Immigration Rules prescribe the possibility to apply for Domestic Violence Destitution concession (DDV).
Thanks to this option, the Applicant can obtain a temporary leave and public funds if necessary, subjected to the condition of applying for Indefinite Leave to Remain within three months from the decision on destitution. Whether within three months an application is not submitted, the temporary leave will be curtailed and the person will be liable to removal.