Indefinite leave to remain (settlement) as a victim of domestic abuse

The requirements to be met for indefinite leave to remain in the UK as a victim of domestic abuse

Indefinite leave to remain (settlement) as a victim of domestic abuse

The requirements to be met for indefinite leave to remain in the UK as a victim of domestic abuse are that-
- the applicant must be in the UK;
- the applicant must have made a valid application for indefinite leave to remain as a victim of
- domestic abuse;
- the applicant must not fall for refusal under any of the suitability grounds of indefinite leave to remain; and
- the applicant must meet all of the requirements of Eligibility for indefinite leave to remain as a victim of domestic abuse.

Eligibility for indefinite leave to remain as a victim of domestic abuse:

The applicant’s first grant of limited leave under Appendix FM 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 relevant paragraphs of Appendix FM, or as a partner of a refugee granted and any subsequent grant of limited leave must have been:
- 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 relevant paragraphs or
- 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 or
- granted under paragraph D-DVILR.1.2.

The applicant must provide evidence that during the last period of limited leave as a partner the applicant’s relationship with their partner broke down permanently as a result of domestic abuse.

If the applicant meets all of the requirements for indefinite leave to remain as a victim of domestic abuse the applicant will be granted indefinite leave to remain. If the applicant does not meet the requirements for indefinite leave to remain as a victim of domestic abuse, the applicant will be granted further limited leave to remain for a period not exceeding 30 months.

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