ILR SET(DV) APPLICATION - Processing Times

[mowaid]

@CR01 Thank you for your reply I think I should wait maybe 2 more months because withdrawing application will have no other option maybe I can apply on my daughter dependent as she have a British Passport but I can not work because of my health issue and my son will not get visa on my daughter passport because he is 18+. Maybe I should wait actually social service told me to apply because they are not allowing me to live with my husband as they believe he is not safe for kids I agree with you that in my current extension there is no abuse but social services were involved in my last extension and I left the country without letting them know and as I came back was living with my partner they knew some how and they approach me and asked to leave because of children they are not convinced that he is safe for us and force us to leave his home and moved to refugee and applied the ILR application.

I am in very upset now have no contact with my partner as well as it look alike I will lose my DV ILR as well.

any help suggestion will be apricated

[SMFK]

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

I don't agree with the first one D.DVILR 1.2

I came to UK in 2011 as a Tier 4 student then my visa was curtailed due to college closure and then I applied 3 times within 5 years period as a tier 4 student which refused. Then my visa as a partner (unmarried as not married in court UK due to visa issues) refused 3 times even I was pregnant with my son and then I got my first ever visa extention in UK as a partner visa after 10 years in UK without a visa ( though ive been continuing apply also i was 2 months overstayer in 2017 and went to immigration detention) My partner visa was expired and due to ongoing abuse and immigration control I decided get fee waver and accommodation help and apply under Parent route as my son was British. I had no idea there's a term of emotional abuse, cohesive control and financial abuse until I called the council to get help where they direct me to women refuge help me to apply for set dv ilr.
If you came to UK On any visa and been overstayer or being on immigration bail and then apply for partner or spouce visa and granted then your new partner visa count as an ENTRY CLEARANCE not as a VISA RENEWAL of LEAVE TO REMAIN.

But yes as you mentioned if you came on a student visa and then apply for partner or spouse visa before student visa expires and got granted yes then you can't apply.

I have already got my SET DV ILR
If you read through guidence on set dv ilr it says if you been overstayer or was under immigration bail then your next visa mark as Leave to Remain but in the system it READ as Entry clearance visa to UK

[SMFK]

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

I don't agree with the first one D.DVILR 1.2

I came to UK in 2011 as a Tier 4 student then my visa was curtailed due to college closure and then I applied 3 times within 5 years period as a tier 4 student which refused. Then my visa as a partner (unmarried as not married in court UK due to visa issues) refused 3 times even I was pregnant with my son and then I got my first ever visa extention in UK as a partner visa after 10 years in UK without a visa ( though ive been continuing apply also i was 2 months overstayer in 2017 and went to immigration detention) My partner visa was expired and due to ongoing abuse and immigration control I decided get fee waver and accommodation help and apply under Parent route as my son was British. I had no idea there's a term of emotional abuse, cohesive control and financial abuse until I called the council to get help where they direct me to women refuge help me to apply for set dv ilr.
If you came to UK On any visa and been overstayer or being on immigration bail and then apply for partner or spouce visa and granted then your new partner visa count as an ENTRY CLEARANCE not as a VISA RENEWAL of LEAVE TO REMAIN.


I have already got my SET DV ILR

I believe it should be your current extension (expired or not expired doesn't matter) as long as it's your last or most recent extension has to be partner or spouse visa and it ended due to any kind of domestic abuse or violence. It doesn't need to ge physical abuse all the time.

If you read through guidence on set dv ilr it says if you been overstayer or was under immigration bail then your next visa mark as Leave to Remain but in the system it READ as Entry clearance visa to UK also it say your most recent / last extension must be a partner or spouse visa
You can still get advise from solicitors I'm sharing my experience

[mowaid]

When you are overstaying or you do not have any visa since your last visa in the UK than your last extension use to be your last valid status, in your case they took your last extension and used it against your domestic abuse case. Also in exceptional cases if abuse is too much (physical , verbal, emotional etc )they do exceptional decisions.

[mowaid]

Anyone got any reply from home office ... still waiting applied in july 2024 4rth month ended it seems like 2 more months they will take as normally it takes 6 month anyone who passed 6 months ?

[Gulam111]

Been nearly 9 months after biometric

[mowaid]

Hi Gulam,

Can you let me know what was your case what type of domestic violence it was physical or emotional ? What document you submitted. I can see from your pervious post that you submitted , Police report, Council / charity letter? anything else you submitted?

I am just asking to match my case as I have submitted police report number (3year old). charity letter supporting me (current) and social services letter(3 years old) plus a GP later (3Year old) and a personal statement.

My case looks weak but hopping for best.

[winnie321]

This is so not true, I just got granted ILR (DV) after 6 months of waiting, I entered the UK by student visa

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
[/quote]

[mowaid]

Congrats !!! on your ILR. Can you tell me after you got your student visa did you converted from student visa to Spouse visa or you re entered into UK in another visa ? plus what evidence you submitted as I can see you mentioned in the last post your case was high risk your partner pulled a knife on you was he convicted ?

[mowaid]

Also can you tell me how old your DV was? Did it happened in your last extension? before you applied

[Ginapina2024]

Can we still apply for BRP for Mvdac and receive it in post
Or is it done online
How to apply for mvdac
Regards

[CR001]

Can we still apply for BRP for Mvdac and receive it in post
Or is it done online
How to apply for mvdac
Regards

BRP card are no longer being issued. They are being phased out.

[Ginapina2024]

Then how do we get decision for mvdac

[mowaid]

Does any one know if the child is over 18 how to provide evidence of the following

1 - You must demonstrate that your child will receive adequate assistance and care without having to seek for public funds.?

2 - They have passed the life in the UK Test and can speak English fluently.

I am not working and have no resource to public funds but I am with social worker they have provided me the shelter and paid for my DV ILR fee ?

How to prove that they can live without public funds

[Andamor]

Hi guys, I really struggled but finally it’s over.

It took roughly 2.5 months. The fee waiver was I think lately merged within the application, applied directly without Migrant Victims of Domestic Abuse Concession visa. And yesterday I got my leave granted


Appl. : Set DV directly
When : 26 August 2024 biometric via a lawyer
First entry: Student visa tier 4
Decision : Granted 18 November 2024
Fee : 0
Papers : police report number, GP letter and charity letter, bank statement (for fee waiver).

I wish everyone waiting a successful application!

[mowaid]

Can you tell me is your case was high risk as the response is so quick and what document did you sent, did you add any conclusive evidence?

[Andamor]

Through the struggle I been through as a male
You need to provide evidence beyond all doubt,
appropriate legal representation to form your story.

I would say look for lawyers who would accept legal aid, free of charge, and let them deal with it.

How to find a lawyer is by asking citizen advice, also private lawyers can help you to find legal aid, just ask around. Work on it from now, because you likely to get rejected, then you can be on time to appeal with better representation.

For women it’s easier since women’s aid give you appropriate referrals, lawyers etc, through what I have learned is that not even a single woman got rejected a set dv, unless ones with no credible stories.


I think you should have gone back to the police and reopened your case again, the papers I outlined above.

[mowaid]

Thank you for the reply. I can not reopen the case as it is 3 years old. 2ndly I did a mistake I applied my son with me who is 18+ now and on many website it is advised not to apply with your kid if he you done it you need to prove the maintenance funds without resource to public funds. Which I can not because I am not working I am living in accommodation provided by the council. So if even I will get the ILR my son will not get it.

Some people advise me you should have applied for yourself and than for your son would have been better option. As I could have started job than and save some money for his application.

For your case I was wanted to know that was your police case procced in court ? was your spouse convicted? Or it was just the police report with reference because in case of police report reference in which the person is not convicted is not treated as conclusive evidence.

It seems like one of your document was conclusive so that home office replied you quick with +ve out come

[winnie321]

Congrats !!! on your ILR. Can you tell me after you got your student visa did you converted from student visa to Spouse visa or you re entered into UK in another visa ? plus what evidence you submitted as I can see you mentioned in the last post your case was high risk your partner pulled a knife on you was he convicted ?

Hi, I entered by student visa 13 years ago, then I was undocumented for 8 years and got my spouse leave to remain under Gay marriage for 3 years.
It happened in May this year after drunken night, my husband pulled a knife out on me and trying to hit and kill me. I phoned police twice and he got put in prison for 2 weeks, they then put me on high security in case my husband go back and try to kill me. I paid for my application because I am working full time with high paid. My case got accepted after nearly 6 months. I submitted MARACs letter, GP, full Police report, Mental health assessment, witness letters, Court documents, Victim support letter.

[mowaid]

Thank you winne for your help.

[mowaid]

Congrats !!! on your ILR. Can you tell me after you got your student visa did you converted from student visa to Spouse visa or you re entered into UK in another visa ? plus what evidence you submitted as I can see you mentioned in the last post your case was high risk your partner pulled a knife on you was he convicted ?

Hi, I entered by student visa 13 years ago, then I was undocumented for 8 years and got my spouse leave to remain under Gay marriage for 3 years.
It happened in May this year after drunken night, my husband pulled a knife out on me and trying to hit and kill me. I phoned police twice and he got put in prison for 2 weeks, they then put me on high security in case my husband go back and try to kill me. I paid for my application because I am working full time with high paid. My case got accepted after nearly 6 months. I submitted MARACs letter, GP, full Police report, Mental health assessment, witness letters, Court documents, Victim support letter.

Thank you very much for your help.

[Maria9098]

Hi Winnie
Maria here

Can you please tell me how did you get the full police report. My support worker applied from metropolitan police. They said they gonna take 1 month maximum 3 months. How did you get it sooner???. My support workers are not as such supportive. They purposely delaying my application. Applied for police report after 2 months and saying apply my dv in the last week of my concession only
According to dv concession visa i can work full time .
I want to work. They don't let me work. My universal credit did not even started . I'm relying on my credit cards which i have to pay ultimately.
The only problem is visa end in 3 months.
Already 2 months passed they did not even give me the lawyer.
They said they would keep me in refuge for 6 months.
They keep an eye on us. I had to tell them.everything wherever I go.
I just want to ask
Can i work full time and go for my application privately.
They are just wasting my time.
Were you staying in refuge?
My only concern is they gonna kick me once i start earning good but the problem is I don't have a family here and if they kick me out. I don't have any place to live as i will not get any uk guarantor for tenancy.
I have a debt. On my head which kept on increasing becoz of interest and im having such a stressful time due to all of this.
Thanks to this platform
I learned alot of stuff otherwise my support workers are not helping at all.
My funding organisation asked my immigration lawyer to send her an official email so that they can give me support letter and 15 days have passed she keep delaying.it would already take 21 days to progress.
I'm a high risk case and they did not take my case to marac yet . I dun know when will I get marac letter.

They make us clean the house and then if something goes wrong they embarrass us like as we are servants for them. I got severe dermatitis due to this much cleaning. They just delay us so they don't have to work on new candidates by keeping old candidates occupying the house. There are only 3 4 meetings in whole month and they use the charity money they claim from govt. in fun fare activities which does not make any sense going to museum and fun fares. My ex partner has already wasted 5 years of my precious life and then shattered me in thousand pieces and now they further wasting my time.
I feel so helpless. I came here on a spouse visa. Never broke any law. I started to do well and this thing happened. I am so broke.
If anyone can suggest me anything that would be great.
I will be forever grateful.
1 more thing my support worker did subject access request under my name. Will anything comes up with that? Last time 2 3 years back, i did the same thing and I did not get anything from police

[Yas12]

I think you should contact other charity agencies as well, such as national domestic abuse agencies, and also ask your solicitor to contact the police. If there is an ongoing investigation, they might not provide a police report. The refuge accommodation is temporary, and they might not want you to work because they charge the government a lot of money for your stay. If you start working, they may not be able to claim housing allowance for you. However, you should start looking for a job to prepare for the future.

[mowaid]

Hi Maria,

I may answer some of your question.
1 - Your current visa is for 3 months and you must have to apply for DV ILR within 3 months to continue the support etc.
2 - Yes if you can work or if you have source of income you can apply privately but you have to pay for your DV ILR application (You and your kids if any). As soon as you start working you will be no more destitute. Also you will have to arrange your own accommodation etc basically you will have to pay for every thing.

3 - If your case is high risk ( your ex got Criminal conviction Caution OR Decision by the Crown Prosecution Service (CPS) to charge Any of the above being given to your partner in relation to abuse towards you. GP report, ) - A letter from a MARAC member – confirming your case has been referred for a Multi Agency Risk
Assessment Conference. May be conclusive evidence –depending on the information
contained in the letter. Than your case will processed quick maybe 3 months

4 - If you have kid/kids (Applying yourself privately with kid/kids going to be expensive)

5 - If kids involve you have to prove you can support them without resource to public funds. (without job you can not prove that / Some people exclude the kids in 1st application and apply for kids after once they manage the funds / get job etc )

6 - Yes in refuge camps life is hard they check every thing your mobile, where you going, what you doing, they keep close eye on every thing you do and yes they charge money from council for your housing etc they are not happy if you change your mind or you are looking for job once you get money in your bank account or you started your job they will end you stay in the refuge camp as your funding will stop.

7 - subject access request. You can use this service to request personal information held on the Home Office’s immigration systems for yourself.

8 - Finally in which council you are as some council are good some are very bad. specially (Birmingham, Coventry are not very helpful)

Hi Winnie
Maria here

Can you please tell me how did you get the full police report. My support worker applied from metropolitan police. They said they gonna take 1 month maximum 3 months. How did you get it sooner???. My support workers are not as such supportive. They purposely delaying my application. Applied for police report after 2 months and saying apply my dv in the last week of my concession only
According to dv concession visa i can work full time .
I want to work. They don't let me work. My universal credit did not even started . I'm relying on my credit cards which i have to pay ultimately.
The only problem is visa end in 3 months.
Already 2 months passed they did not even give me the lawyer.
They said they would keep me in refuge for 6 months.
They keep an eye on us. I had to tell them.everything wherever I go.
I just want to ask
Can i work full time and go for my application privately.
They are just wasting my time.
Were you staying in refuge?
My only concern is they gonna kick me once i start earning good but the problem is I don't have a family here and if they kick me out. I don't have any place to live as i will not get any uk guarantor for tenancy.
I have a debt. On my head which kept on increasing becoz of interest and im having such a stressful time due to all of this.
Thanks to this platform
I learned alot of stuff otherwise my support workers are not helping at all.
My funding organisation asked my immigration lawyer to send her an official email so that they can give me support letter and 15 days have passed she keep delaying.it would already take 21 days to progress.
I'm a high risk case and they did not take my case to marac yet . I dun know when will I get marac letter.

They make us clean the house and then if something goes wrong they embarrass us like as we are servants for them. I got severe dermatitis due to this much cleaning. They just delay us so they don't have to work on new candidates by keeping old candidates occupying the house. There are only 3 4 meetings in whole month and they use the charity money they claim from govt. in fun fare activities which does not make any sense going to museum and fun fares. My ex partner has already wasted 5 years of my precious life and then shattered me in thousand pieces and now they further wasting my time.
I feel so helpless. I came here on a spouse visa. Never broke any law. I started to do well and this thing happened. I am so broke.
If anyone can suggest me anything that would be great.
I will be forever grateful.
1 more thing my support worker did subject access request under my name. Will anything comes up with that? Last time 2 3 years back, i did the same thing and I did not get anything from police

[mowaid]

I got severe dermatitis due to this much cleaning...


I believe you got "scabies" it is most common issue in the refuge camps