Are you a victim of domestic violence or abuse and seeking to settle in the UK permanently? This comprehensive guide provides essential information on indefinite leave to remain or enter (ILR) for individuals who have experienced domestic violence or abuse. Discover your rights, eligibility criteria, and the necessary steps to obtain ILR and build a safe and stable future in the UK.
About the Programme
You may be able to apply for permission to settle in the UK permanently if your relationship has broken down because of domestic violence or abuse.
Domestic violence and abuse can be emotional, psychological, physical, sexual or financial. It includes threatening or controlling behaviour to try to harm, isolate or frighten someone.
Permission to settle in the UK is sometimes called ‘settlement’, ‘indefinite leave to remain’ or ‘indefinite leave to enter’.
Permission to settle 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.
Apply for permission to settle in the UK as soon as possible after the relationship breaks down.
If you have a current visa, do not wait for it to expire.
You can apply to settle from inside the UK or apply to settle from outside the UK.
Eligibility
Whether you can get permission to settle in the UK permanently (indefinite leave to remain or enter) depends on:
- Your current immigration status (the type of visa you have, for example)
- How your relationship broke down
Your immigration status
Your current immigration status usually must be based on your relationship with your partner. Your partner must be one of the following:
- A British citizen
- A person with permission to settle in the UK permanently (indefinite leave to remain or enter)
- A member of the UK armed forces who has served for at least 4 years
- A person with permission to stay in the UK as a refugee
- A person with settled status under the EU settlement scheme
- A citizen of the EU, Switzerland, Norway, Iceland or Liechtenstein with pre-settled status under the EU Settlement scheme
If your partner has pre-settled status, they also need to have been living in the UK by 31 December 2020.
If you have pre-settled status
You can also apply if your relationship has broken down permanently because of domestic violence or abuse and you have pre-settled status either:
- As a spouse, civil partner or unmarried partner
- Based on a retained right of residence because you used to have a spouse, civil partner or unmarried partner who was living in the UK by 31 December 2020
How the relationship broke down
You must show your relationship broke down because of domestic violence or abuse from your partner or your partner’s family.
If you’re applying from outside the UK, you’ll need to show that you’ve been abandoned there.
You’ll be asked to give a statement about your circumstances when you apply.
You should also include supporting evidence if you have it, but you do not need it to apply.
Children (dependants)
You can apply for your children to settle in the UK with you if one of the following applies:
- They were born in the UK
- They have, or have had, permission to stay in the UK as your dependent child
- They were born outside the UK after you got permission to stay as a dependent partner
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
Children over 18
- Children over 18 may also need to:
- Pass the Life in the UK Test
- Meet the English language requirements
After You Apply
After you submit your application you’ll be asked to provide your biometric information (fingerprints and a photo).
You’ll be told how to make an appointment after you apply.
Any children aged 6 and over who are applying on your form must also provide biometric information.
You’ll usually get a decision within 6 months.
If your application is approved
You can do the following:
- Work
- Run a business
- Study
- Use public services, such as healthcare and schools
- Apply for public funds (benefits) and pensions
- Apply for British citizenship, usually after a minimum of 12 months
If you stay outside of the UK for more than 2 years
You can lose your indefinite leave to remain if you stay outside the UK for more than 2 years at a time. You may need to apply before you can return to the UK.
Application Process
The application fee is £2,885 per person, unless you do not have enough money to support yourself.
You can include any eligible children on your application form if you’re applying from inside the UK. If you’re outside the UK, you’ll need to make a separate application for each child coming with you.
You’ll each need to have your biometric information (fingerprints and a photo) taken – there’s no fee for this.
You do not have to pay the 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
- Evidence can include bank statements, a signed letter from your local authority or a signed letter from an agency that’s been giving you support.
Interested individuals should kindly CLICK HERE to learn more and apply
Application Deadline
Unspecified