You may be eligible to apply for indefinite leave to remain in the UK if your relationship has ended due to domestic violence or abuse. Domestic abuse can be emotional, psychological, physical, sexual, or financial, including any behavior intended to harm, isolate, or intimidate. Indefinite leave to remain, also known as “settlement,” grants you the right to live, work, and study in the UK indefinitely, with eligibility to apply for benefits and British citizenship if you meet the criteria.
If your visa is based on your relationship and you separate from your partner, you must inform the Home Office of this change.

Eligibility
Your eligibility for indefinite leave to remain or enter depends on:

• Your current immigration status (e.g., type of visa)
• The circumstances of your relationship breakdown

Immigration Status
Typically, your immigration status must be tied to your relationship with your partner, who must be one of the following:

• A British citizen
• A person with indefinite leave to remain or settle in the UK
• A UK Armed Forces member who has served at least 4 years
• A person with refugee status in the UK
• A person with settled status under the EU Settlement Scheme
• An EU, Swiss, Norwegian, Icelandic, or Liechtenstein citizen with pre-settled status (if they were residing in the UK by December 31, 2020)

If You Have Pre-Settled Status
You can also apply if you have pre-settled status and your relationship has ended due to domestic abuse. This applies if your pre-settled status is based on:

• A relationship as a spouse, civil partner, or unmarried partner
• A retained right of residence from a former spouse, civil partner, or unmarried partner who was living in the UK by December 31, 2020

Proving Your Relationship Breakdown
You’ll need to demonstrate that the relationship ended due to domestic violence or abuse from your partner or their family. If you’re applying from outside the UK, you may also need to show evidence of abandonment. You’ll be asked to provide a personal statement describing your circumstances, and additional supporting evidence is helpful but not required.

Children (Dependants)
You may include your children in your application to settle in the UK if:

• They were born in the UK
• They have, or previously had, dependent child status in the UK
• They were born outside the UK after you gained permission to stay as a dependent partner

The child must also:

• Have lived with you and your former partner
• Show proof of sufficient support and accommodation without relying on public funds
• Be unmarried, not in a civil partnership, and not living independently

Children Over 18
If your child is over 18, they may also need to:

• Pass the Life in the UK Test
• Meet English language requirements

If your application is approved
You can do the following:

• work
• run a business
• study
• use public services, such as healthcare and schools
• apply for public funds (benefits) and pensions
• apply for British citizenship, usually after a minimum of 12 months

If you need assistance with your Domestic Violence (DV) Visa application, contact us at 0203 442 0292 or email : contact@aaraflaw.co.uk for professional support.