ILR SET(DV) APPLICATION - Processing Times

[Shalinee83]

Hi everyone
I been in the ok 20yrs plus. I was subjected to domestic violence and got nrm conclusive ground. It's only recently that I've applied for set(dv).
I've proven that I been in the uk 20yrs plus through medical report
My ex is a British citizen and I was with him for 18yrs
Nrm letter
Bank statement
Medical report that he run over my leg
Police report
Support letter from friends
Support letter from salvation army
ID
My biometric.
Plus mp letter
Now I'm waiting for a decision which they given me a time frame until 26jan 2025.
Do I have a chance of getting a good response from them

[Shalinee83]

Hi can anyone please reply to my previous post

[mowaid]

It depends can you tell us your current visa or immigration status and when the last abuse was happened. because home office have a very specific rule which is that they only accept evidence or abuse happened in your current extension. For example if there was abuse in your pervious extension and you had not filed the ILR(DV) on last extension you can not use them as an evidence in your current extension.

2ndly it also depend how strong the evidence are for example is it a physical harm? Do you have police report? Did you visited GP and let them know? Are there children involved etc. please explain more because I know a friend who's abuse was happened in his pervious extension he had the children's as well but he did applied for ILR(DV) in his new extension in which there was not abuse so he got rejected because of this that his current visa extension have no proof of DV

[Gulam111]

How many people have passed the 6 month wait
Kindly share your timeline

Same thing with me!

application 9 Jan
bio 20 Jan
additional information 17 June
another additional information 31st July.

Is quite crazy

Hi napo any update

[Shalinee83]

He run over my right leg and I had to have major surgery in 2022. The safe guard team got involved and I was placed in salvation army house. Police got involved as well.
It was 18yrs of abuse which I was awarded mordern slavery conclusive ground.
Home office has given me a place to stay while they are processing my application.
I've explained to them why I didn't come forward earlier as he is a narcissistic and didn't want me to have my paperwork.

[Shalinee83]

This is the first time I've applied for set(dv). I've provided evidence required by the home office.
Plus support letter from salvation army explaining that they are helping me due to mordern slavery conclusive ground.
Plus there is gp record that the abuse been going on for a very long time and I was afraid to come forward in the past.
What do you think do I have a chance of getting it

[mowaid]

As per my knowledge you have strong ground and I do not think it will take longer in your case. Because it seems to me straight forward case

[napo]

How many people have passed the 6 month wait
Kindly share your timeline

Same thing with me!

application 9 Jan
bio 20 Jan
additional information 17 June
another additional information 31st July.

Is quite crazy

Hi napo any update

@Gulam, nothing yet!

[Samvicky]

Hi Gulam nothing yet still waiting almost 9 month now

[mowaid]

Dear All,

I want to mention here 2 things which every one who is willing to apply DV ILR should note before they apply. There are 2 rules in DV ILR which should meet if any one willing to apply

1 - D-DVILR.1.2

Make sure when you 1st come to UK your 1st visa should be dependent of a British national. Means that if you come to UK as student and than married to a UK national your DV ILR case will not accepted. or if some one come to UK as dependent of non settled person and than after that if that person become British national your case maybe rejected as well. You can only apply for DV ILR if you entered into the UK as a dependent of British national only.

2 - D-DVILR. 1.3

Make sure your domestic violence happened with in your last extension and evidence of domestic violence should be in your last extension and due to it your marriage is broke down. Also make sure if domestic violence is happened it should not be older than 6 month until unless you proof that you was not allowed to leave your spouse home for some reasons.

So make sure these 2 point should meet before you apply some people apply without knowing that and they waste there money, time and marriage.

Thanks

[winnie321]

Hi,
Would you please explain more about rule #1 , as long as you’re on Spouse visa to British Citizen and subject to DV then you’re qualified for DV(ILR) , doesn’t matter how did you enter the UK. That’s what my solicitor say!

[Gulam111]

6 jan and untill know didn't hear enything

Hi raza did you get back anything?

[mowaid]

Rule #1 is DVILR 1.2. Which means when you entered 1st time into the UK you must have been granted spouse visa to a British national or person with settled status. it is clear that if you entered into the UK on student visa and converted to spouse or dependent visa your DVILR will not be accepted. you must satisfy rule DVILR 1.2 and DVILR 1.3. So if entered in UK any other visa than dependent to British National or settled person rule 1 will not satisfied and rule 2 is if DV happened in any extension other than last one rule 2 will not satisfied.

Check it here a refusal of my friend and these rules are mentioned. She satisfied the rule DVILR1.2 but not the DVILR 1.3

Dear ,Ref: 1212-0001-3742-5040 Refusal of your Application Your application for indefinite leave to remain, submitted on 23 November 2023, has been refused as of 07 June 2024. You have the option to apply for an administrative review of this decision, and instructions on how to do so can be found in Annex B of this letter. What This Means for You Should you choose not to pursue an administrative review and do not have any legal grounds to remain in the United Kingdom, you may be obligated to depart the country. Reasons for This Decision and Further Information Please refer to Annex A of this letter for the reasons for this decision, and Annex B for details regarding the legal consequences of this decision and instructions on how to apply for an administrative review.Yours sincerely, Executive Officer 9
Liverpool Settlement Team 6
Home Office – UK Visas, Status & Immigration ANNEX A – Reasons for Decision AR Refusal of ApplicationOn 23 November 2023, you submitted an application for settlement in the United Kingdom, citing your status as a victim of domestic abuse. An official has reviewed your application on behalf of the Secretary of State. Immigration History of Relevance to This Application19 Apr 2019 – You entered the UK with Marriage/CP entry clearance valid until 08 Oct 2019.
01 Jun 2019 – You married your sponsor.
01 Oct 2019 – You applied for further leave to remain as a Spouse which was granted until 10 Jun 2022.
23 May 2022 – You applied for further leave to remain as a Spouse which was granted until 17 Jan 2022.
14 Oct 2023 – Your relationship with your sponsor ended.
23 Nov 2023 – You applied for Indefinite Leave to Remain as a Victim of Domestic Abuse.
Decision Summary Your application for indefinite leave to remain as a Victim of Domestic Abuse has been refused under Paragraph D-DVILR.1.3 of Appendix FM of the Immigration Rules. Reasons for Decision You have stated that on 14 October 2023 your relationship with your sponsor,XXXX, ended. After careful consideration on behalf of the Secretary of State your application has been refused. In reaching this decision, we have closely examined the criteria outlined in Appendix FM of the Immigration Rules, which delineate the requirements for establishing the right to remain in the United Kingdom as a victim of domestic abuse .On 23 November 2023, the requirements for indefinite leave to remain as a victim of domestic abuse under Paragraph DVILR.1.1 stipulated that the applicant must, in part, meet all of the requirements outlined in Section E-DVILR. These specific criteria or conditions include:
E-DVILR.1.1. To meet the eligibility requirements for indefinite leave to remain as a victim of domestic abuse all of the requirements of paragraphs E-DVILR.1.2. and 1.3. must be met.
E-DVILR.1.2. The applicant’s first grant of limited leave under this Appendix must have been as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person present and settled in the UK, a person with refugee leave, or a person in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d), under paragraph D ECP.1.1., D-LTRP.1.1., or D-LTRP.1.2. of this Appendix, or as a partner of a refugee granted under Appendix Family Reunion (Protection), and any subsequent grant of limited leave must have been:
(a) granted as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person present and settled in the UK, a person with refugee leave, or a person in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d), under paragraph D-ECP.1.1., D-LTRP.1.1. or D-LTRP.1.2. of this Appendix; or
(b) granted to enable access to public funds pending an application under DVILR and the preceding grant of leave was granted as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person present and settled in the UK, a person with refugee leave, or a person in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d), under paragraph D-ECP.1.1., DLTRP.1.1. or D-LTRP.1.2. of this Appendix; or
(c) granted under paragraph D-DVILR.1.2.
E-DVILR.1.3. The applicant must provide evidence that during the last period of limited leave as a partner of a British Citizen, a person present and settled in the UK, a person with refugee leave, or a person in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d), under paragraph D-ECP.1.1., DLTRP.1.1 or D-LTRP.1.2 of this Appendix, or during their only period of permission under Appendix Family Reunion (Protection), the applicant’s relationship with their partner broke down permanently as a result of domestic abuse. In March 2013, the government introduced a new definition of domestic violence, to be used across all Government departments. The definition of domestic violence and abuse is, any incident or pattern of incidents

[kizzy08]

Dear All,

I want to mention here 2 things which every one who is willing to apply DV ILR should note before they apply. There are 2 rules in DV ILR which should meet if any one willing to apply

1 - D-DVILR.1.2

Make sure when you 1st come to UK your 1st visa should be dependent of a British national. Means that if you come to UK as student and than married to a UK national your DV ILR case will not accepted. or if some one come to UK as dependent of non settled person and than after that if that person become British national your case maybe rejected as well. You can only apply for DV ILR if you entered into the UK as a dependent of British national only.

2 - D-DVILR. 1.3

Make sure your domestic violence happened with in your last extension and evidence of domestic violence should be in your last extension and due to it your marriage is broke down. Also make sure if domestic violence is happened it should not be older than 6 month until unless you proof that you was not allowed to leave your spouse home for some reasons.

So make sure these 2 point should meet before you apply some people apply without knowing that and they waste there money, time and marriage.

Thanks

not pretty sure if those have been updated recently, what I found on https://www.gov.uk/guidance/immigration ... ly-members, those all show as 'deleted'.

Victim of domestic abuse
Hide
Section DVILR: Indefinite leave to remain (settlement) as a victim of domestic abuse
DVILR.1.1. DELETED

Section E-DVILR: Eligibility for indefinite leave to remain as a victim of domestic abuse
E-DVILR.1.1. DELETED

E-DVILR.1.2. DELETED

E-DVILR.1.3. DELETED

Section D-DVILR: Decision on application for indefinite leave to remain as a victim of domestic abuse
D-DVILR.1.1. DELETED

D-DVILR.1.2. DELETED

D-DVILR.1.3. DELETED

[mowaid]

Please search Appendix DVA not Appendix FM on 4April 2024 home office change the appendix FM and removed these but added a complete new Appendix DVA which is updated new rules for DV ILR see here

https://assets.publishing.service.gov.u ... +Abuse.pdf

these topics are deleted from Appendix FM as the are not relevant to Family visa any more so the new rules are appendix DVA which have all these 1.1, 1.2, 1.3 added

[mowaid]

Also check here the full details of the new rules

https://www.gov.uk/government/publicati ... accessible

[kizzy08]

Please search Appendix DVA not Appendix FM on 4April 2024 home office change the appendix FM and removed these but added a complete new Appendix DVA which is updated new rules for DV ILR see here

https://assets.publishing.service.gov.u ... +Abuse.pdf

these topics are deleted from Appendix FM as the are not relevant to Family visa any more so the new rules are appendix DVA which have all these 1.1, 1.2, 1.3 added

To be honest I have looked at the appendix at the first place but couldn't find anything saying like your 1st entry have to be on the dependant of British national or whatever.

I think the below are the correct requirements atm according to the immigration rules as well.

VDA 4.1. The applicant must have, or have last been granted, permission as one of the following:
(a) a partner under Appendix FM (except for permission as a fiancé(e) or proposed civil partner) of a person who is a British citizen, settled in the UK or an EEA national in the UK with limited leave to enter or remain granted under paragraph EU3 of Appendix EU on the basis of meeting condition 1 in paragraph EU14 of Appendix EU; or
(aa) a spouse, civil partner or durable partner under Appendix EU with limited leave to enter or remain as a family member of a relevant EEA citizen (or of a qualifying British citizen), as a joining family member of a relevant sponsor or as a family member who has retained the right of residence, granted under paragraph EU3 or EU3A of that Appendix; or
(b) a partner under Appendix FM, Part 11, or Appendix Family Reunion (Protection) of a person with permission as a refugee; or
(c) a partner of a person present and settled in the UK under paragraph 285 or 295E of Part 8; or
(d) a victim of domestic abuse under Appendix FM; or
(e) a partner under Appendix Armed Forces or Part 7 (except for permission as a fiancé(e) or proposed civil partner), of any of the below:
(i) a person who is a British citizen; or
(ii) a foreign and commonwealth citizen with at least 4 years’ reckonable service in HM Forces at the date of application under this paragraph or
(iii) a member of HM Armed forces who has applied for or been granted permission or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces. Or
(f) leave outside the rules granted under the Migrant Victims of Domestic Abuse Concession (formerly the destitution domestic violence concession (DDVC)), and before that were last granted permission under one of the categories defined in VDA 4.1(a) to (e).

VDA 4.2. The relationship between the applicant and their partner must have broken down permanently as a result of domestic abuse.

VDA 4.3. If the applicant is applying from outside the UK, they must have been abandoned outside the UK.

I think your friend's application is refused mainly due to lack of evidence for the relationship is broken down permanently as a result of domestic abuse?

[mowaid]

I mentioned that my friend got refused on rule 1.3 which is she does not have enough evidence to prove that on her last extension her marriage is broken down. So 1.3 is still applicable I am not sure about 1.1 is still there or they have removed because 1.1 is about how you entered into the UK on your 1st visa (Student and than dependent) or (Skill worker to dependent etc).

Because main point of DVILR is effected person left his country for his batter future on dependent visa not for study , work visa and than join a partner in UK.

Thanks

[napo]

Hi Mates!
Application 9th Jan. 2024

Biometric 20th Jan. 2024

Approval 7th October. 2024

Its been a tough journey.

I wish everyone waiting for the decision the best of luck.

[Nazo]

Congratulations napo
Did you chase the home office after six months of your application

[mowaid]

Hi ,

Can you please tell me what documents you sent to home office as they asked you twice for additional document and what was your original case how long was the domestic violence? how old was the last incident before you moved to refugee camp?

Actually my situation is I have 2 years old police report , GP report and Social service involved. Rest I do not have any recent evidence to support my case will the old evidence work ? Also my last extension was in 2023 after that I have no domestic violence, Police or GP report, I left my house to refugee camp and told them I am victim of domestic abuse on the basis of my 2 years old abuse.

[napo]

Congratulations napo
Did you chase the home office after six months of your application

@Nazo, after 6 months, they kept asking me for additional documents every six weeks, then I was asked to pay on the application on 28th August within ten working days

[napo]

Hi ,

Can you please tell me what documents you sent to home office as they asked you twice for additional document and what was your original case how long was the domestic violence? how old was the last incident before you moved to refugee camp?

Actually my situation is I have 2 years old police report , GP report and Social service involved. Rest I do not have any recent evidence to support my case will the old evidence work ? Also my last extension was in 2023 after that I have no domestic violence, Police or GP report, I left my house to refugee camp and told them I am victim of domestic abuse on the basis of my 2 years old abuse.

@moaid Well, my case is a recent case. It happened in the first extension of my visa,
Documents provided: GP, POLICE, COUNCIL HOUSING DEPARTMENT, CHARITY ORGANISATION, and refuge email response.

[mowaid]

@napo was there any physical abuse in your case or it was controlling only.?

My case is like following in 2011, 2021 I called police when fight b/w us broke in in 2021 I called the police as I have mark on my leg as a mobile phone was hit on my leg. police arrived they took my partner and left him after 24 hour and stop him coming close to my house. but he denied all the charges and in his statement to the police he said I am doing all this because I want to apply DV ILR. police did not charged him. but Social service get involved as police reported to them as they were kids in the room when abuse happened.

After that I went to GP but GP did not said that the mark on my leg is due to DV . than social services get involved and I they open child safety issue and stop me going back or contact with my partner. After that I did not applied for DV and left the country in 2 months in 2021.

Than I start living with my partner again in back home. than in 2023 he got a job in UK and he come to UK without me and after 2 months I joined him in UK. during that time we do not have any issue. I got new extension of my spouse visa on October 2023. So that was my last extension during that there was no issue until june 2024 I left his house and went to refugee camp and applied for my Domestic Abuse Concession which was granted and I applied for DV ILR in july 2024. I am getting benefits I have not paid for the DV ILR. I have all the old police report number and GP letters and have some in my personal statement I told he did not allow me to work or withdraw some money from my account to his account but no proof just my statement. other than that I have no proof I am just wondering my case is weak as I have no proper proof in my last extension like I claimed he took my salary from my account to his account just left me 100£ but it was also 7 months old. other than that nothing ?? I have social service letter and refugee letter that they are helping me Do you think I need more proof? I also have 18 years old son which going to be an issue as well because they will ask him why he can not go to him? or maybe he need to proof funds for ilr, plus English language test and life in UK test.

if any one can answer this I will be thankful as I am thinking not to wait more and withdraw the case and back to my home country... as its already 4 months no reply from home office ? does Domestic Abuse Concession mean your case is accepted or it is approved always?

[CR001]

@napo was there any physical abuse in your case or it was controlling only.?

My case is like following in 2011, 2021 I called police when fight b/w us broke in in 2021 I called the police as I have mark on my leg as a mobile phone was hit on my leg. police arrived they took my partner and left him after 24 hour and stop him coming close to my house. but he denied all the charges and in his statement to the police he said I am doing all this because I want to apply DV ILR. police did not charged him. but Social service get involved as police reported to them as they were kids in the room when abuse happened.

After that I went to GP but GP did not said that the mark on my leg is due to DV . than social services get involved and I they open child safety issue and stop me going back or contact with my partner. After that I did not applied for DV and left the country in 2 months in 2021.

Than I start living with my partner again in back home. than in 2023 he got a job in UK and he come to UK without me and after 2 months I joined him in UK. during that time we do not have any issue. I got new extension of my spouse visa on October 2023. So that was my last extension during that there was no issue until june 2024 I left his house and went to refugee camp and applied for my Domestic Abuse Concession which was granted and I applied for DV ILR in july 2024. I am getting benefits I have not paid for the DV ILR. I have all the old police report number and GP letters and have some in my personal statement I told he did not allow me to work or withdraw some money from my account to his account but no proof just my statement. other than that I have no proof I am just wondering my case is weak as I have no proper proof in my last extension like I claimed he took my salary from my account to his account just left me 100£ but it was also 7 months old. other than that nothing ?? I have social service letter and refugee letter that they are helping me Do you think I need more proof? I also have 18 years old son which going to be an issue as well because they will ask him why he can not go to him? or maybe he need to proof funds for ilr, plus English language test and life in UK test.

if any one can answer this I will be thankful as I am thinking not to wait more and withdraw the case and back to my home country... as its already 4 months no reply from home office ? does Domestic Abuse Concession mean your case is accepted or it is approved always?

Your case is very very weak and from many years ago. You have to prove with evidence etc that there is domestic abuse. You willinging left and came back to live with your partner and applied for an extension with any domestic issues.l and have no evidence since your extension to support your "claim".

Domestic abuse concession does NOT mean your domestic abuse "claim" is accepted or approved