CONCESSION & INDEFINITE LEAVE TO REMAIN BASED ON DOMESTIC VIOLENCE (ILR DV)

Domestic Violence

Survivors of domestic abuse in the UK have a vital route to settlement (ILR) through the Domestic Violence Concession, ensuring protection and stability away from abusive relationships.

1. Understanding the Domestic Violence Concession & ILR

  • Domestic Violence Concession (also called MVDAC)

Allows non-UK nationals on partner visas to switch to 3 months’ temporary leave with access to public funds (benefits, housing, work) if their relationship ended due to domestic abuse. During this period, you can apply for ILR under Appendix Victim of Domestic Abuse (VDA).

  • Domestic Violence ILR (Settlement)

    • You may apply under Appendix VDA once your relationship has permanently broken down due to abuse, and you were last granted partner leave.
    • Domestic abuse may be emotional, physical, sexual, financial, or coercive, and may come from your partner or their family.
    • You can apply from inside the UK or outside, including cases of transnational abandonment.

2. Eligibility Criteria for ILR DV

To qualify for indefinite leave under the Domestic Violence rule, you must:

  1. Have most recently held a partner visa as spouse, civil partner, or unmarried partner of a UK-settled person (British citizen, settled, refugee, or relevant EU status).
  2. Prove that your relationship genuinely broke down due to domestic abuse, as understood by UKVI. You don’t need a conviction—your own testimony, medical records, police/council letters suffice.
  3. Confirm the breakdown is permanent and the abuse is the cause.

3. How the Process Works

Step 1: Declare Abuse & Gain Concession Leave

Tell the Home Office about the abuse and apply for the Migrant Victims of Domestic Abuse Concession to obtain 3 months’ permission with public funds to start your next steps.

Step 2: Prepare ILR DV Application

Within the 3-month window, submit your SET(DV) application with evidence of:

  • Previous valid partner visa leave
  • Permanent end of relationship
  • Abuse specifics (your statement and supporting documents)

Strong evidence includes medical reports, police records, social worker statements, or domestic violence refuge letters.

Step 3: Decision & Settlement

If successful, ILR (settlement) is granted under Appendix VDA. You can now live, work, claim benefits, and eventually apply for British citizenship

4. Financial Support & Public Funds Access

  • Temporary Leave & Funds: Concession leave includes access to benefits and housing, critical to securing safety.
  • No “No Recourse to Public Funds”: Once ILR DV is granted, restrictions on claiming benefits are fully lifted.

5. Key Pitfalls to Avoid

  • Using concession leave without confirming whether you qualify for ILR—some partner visa holders (e.g., partners of students or workers) may not be eligible.
  • Applying too late—ensure your ILR application is done within 3 months of gaining concession leave.
  • Lack of clear evidence—abuse documentation need not be formal but must be credible and detailed.

6. How We Can Help

We connect you with a specialist immigration solicitor who can:

  • Assess eligibility under Appendix VDA
  • Gather and organise evidence (medical, police, refuge letters)
  • Submit the Migrant Victims Concession promptly
  • Prepare your SET(DV) ILR application thoroughly
  • Advise on next steps toward British citizenship

Continuous Residence Requirements

Depending on your route:

  • Work routes: 5 years of lawful leave with qualifying visas
  • Family routes: Usually 5 years, sometimes 2.5 or 3 years depending on visa type
  • Long residence: 10 years continuous lawful presence in any valid route

Eligibility Criteria

To apply, you typically must:

  • Pass the Life in the UK test
  • Meet English language requirement (CEFR B1)—unless exempt
  • Show continuous residence, with minimal absences:
    • Work/Family routes: max 180 days absent per 12-month period
    • Long residence: max 540 days total over 10 years

  • Maintain lawful status throughout
  • Have met financial thresholds (if applicable)
  • Be of good character, with clear immigration history

Settlement Beyond ILR

Once you have ILR:

  • Apply straightaway for Naturalisation if you have completed 5 years on a spouse visa.
  • After 12 months, you can apply for British Citizenship if:
    • You’ve held ILR continuously
    • You meet residency, character, and English requirements

  • ILR can be lost if you leave the UK for more than 2 continuous years or commit serious crimes.

Common Pitfalls to Avoid

  • Exceeding permitted absences (esp. 180 days/year)
  • Applying too early or too late
  • Gaps or inconsistencies in residency evidence
  • Missing Life in the UK or English language proof
  • Rule changes—criteria shift; always seek current advice

Why Work with a Specialist Solicitor?

We’ll connect you with a UK immigration solicitor who will:

  • Verify eligibility and rectify potential issues (e.g., absences)
  • Help you gather thorough documentation and legal arguments
  • Submit your application and book biometrics
  • Represent you if UKVI requests further information or issues refusal
  • Advise on citizenship, maintaining ILR, or onward options

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Feel free to book your appointment today with us.

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