Anyone in an abusive relationship is in a dangerous and terrifying situation. But if you are in the UK on a Spouse visa, Civil partnership visa, or Unmarried partner visa, the situation is especially frightening. But you are not alone. And you can apply for Indefinite leave to remain (ILR), which will allow you to stay permanently in the UK if your relationship breaks down because of domestic violence/abuse.

Home Office guidance makes clear that domestic violence and abuse goes beyond physical or sexual violence. The general definition is worth stating here:

“Any incident or pattern of incidents of controlling coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality”

There are a couple of things to take from this definition. Physical violence is not required to meet the definition — controlling behaviour or threats of violence also count. Another point is that the behaviour need not come from the victim’s partner.

To be successful an applicant must show that:

• They have been granted leave to remain as a partner
• They relationship has broken down as a result of domestic violence
• They need to access public funds in order to leave the relationship
• They intend to apply for leave to remain as a victim of domestic violence.

The correct form for the application is SET(DV). To succeed, the applicant must:

• Be in the UK
• Have made a valid application
• Not fall for refusal under the suitability requirements for indefinite leave to remain
• Meet the eligibility requirements

This process is extremely complicated, so it is highly recommended that you contact Intime Immigration lawyers for free immigration advice.