Set DV Applications and Guidance
If you are in the UK on a Spouse Visa and you have ended your relationship because of domestic abuse you can apply to remain in the UK using Form Set DV. Crucially, if you have separated from an abusive spouse you don’t need to have lived in the UK for five years before you can apply to settle.
In this guide, our Immigration Solicitors and Family Lawyers in London explain who can use Set DV and how our team can support you through your separation and Set DV application.
UK Online and London-Based Immigration Solicitors and Family Lawyers
For immigration and family law advice call OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Not sure if you want to use Set DV to stay in the UK
If your relationship has broken down because of domestic violence and you are not sure what to do for the best as you are in the UK on a Family Visa or Dependant Visa then you may have the option of asking the Home Office for a three-month stay under the Migrant Victims of Domestic Abuse Concession.
This concession gives you independent immigration status and financial support to help you leave an abusive relationship and work out your next steps. During the three-month temporary stay, you can then consider your three options:
- If you are eligible, apply to settle in the UK using Form Set DV
- Apply for a new visa in your own right, such as a Skilled Worker Visa
- Leave the UK
Our Immigration Solicitors can explain if you are eligible to use this concession as it applies to more people than the Set DV route and gives you ‘breathing space.’ For others, it may be preferable to apply to settle in the UK using a Set DV application as soon as you realise that your relationship is at an end.
Making a Set DV application if you have children
If you are in the UK on a Spouse Visa or Family Visa and you have dependent children then your priority will be their safety and security. You can add your children to your Set DV application form. If your application is granted your children will also get permission to settle.
The immigration rules say you can apply for your child to settle in the UK with you using Form Set DV if one of the following applies:
- The child was born in the UK or
- The child has or had permission to stay in the UK as your dependent child
- The child was born outside the UK after you got permission to stay as a dependent partner
The child must:
- Have been living with you and your ex-partner
- Not be married, in a civil partnership or living independently
If you are worried about your children because your former partner wants your children to live with them our Family Law Solicitors can help you apply for a child arrangement order so the children live with you. There are other orders we can apply for to help protect your children, such as prohibited steps orders or non-molestation orders.
What is a Set DV application?
A successful Set DV application permits you to stay in the UK permanently if your relationship has broken down because of domestic violence or abuse.
Unlike an application for Indefinite Leave to Remain, you do not have to have been living in the UK for five years before you can make a Set DV application. You can apply if you have a Spouse Visa or Unmarried Partner Visa even if you have not had the visa for that long.
Once you have permission to settle as a victim of domestic violence you can stay in the UK indefinitely. You will not need to apply for further visas. You won't need a sponsoring partner and you will be able to find a job without needing a sponsoring employer or Work Visa. If you are financially eligible, you will be able to claim state benefits. Once you have settled in the UK you can go on to apply for British citizenship if you choose to do so.
What is domestic violence for a Set DV application?
You must have been a victim of domestic abuse to use Form Set DV to stay in the UK and your relationship must have ended because of the domestic violence. If you are the one who has been accused of domestic violence you cannot use this route.
Domestic violence is not limited to physical or sexual violence. It includes emotional, psychological or financial abuse, threatening or controlling behaviour or coercive control.
Your ex-partner may not view what they did to you as abuse – this does not matter. You can still apply.
What happened to you may not be classed as domestic abuse in your home country or your partner’s home country – this does not matter and you can still use Set DV.
If you are not sure if what you are experiencing or have gone through is domestic abuse, please speak confidentially to our Family Law Solicitors on 0203 959 9123. They work closely with our Set DV Lawyers to help you get immigration legal advice and the support you need.
Making a Set DV application
You can make a Set DV application if you:
- Have a relevant visa
- Have been subjected to domestic abuse and left your relationship because of it
- You meet the standard rules for UK settlement – for example, you don’t pose a security threat
- You don’t have unspent convictions – if you are worried about what this means we can explain
If you apply to settle using Form Set DV you do not need to pass an English language requirement or an English language test or a Life in the UK test.
You do not need to be working or to meet a minimum financial requirement (savings or salary) to be able to apply to stay in the UK using Form Set DV.
Evidence and your Set DV application
Your application is submitted to the Home Office online. With the application your Set DV Solicitors need to provide:
- Evidence of your identity
- Evidence of your immigration status
- Evidence of domestic abuse
If you do not have your paperwork because you left a violent relationship quickly then you can still ask our Immigration Solicitors in London for help. The Home Office understands that sometimes people have left relationships in a hurry or that they have not been allowed to have access to their passports or identity papers.
If you are concerned about whether you have evidence of domestic abuse then speak to our specialists. We understand that most domestic abuse takes place behind closed doors and you may not have gone to the hospital or been able to contact the police. We also understand that the controlling behaviour or violence you were subjected to may have been caused by your in-laws or the extended family.
Here is some more information on evidence of domestic abuse needed for a Set DV application: How Does a Spouse Visa Holder Prove Domestic Abuse so They Can Stay in the UK?
Making a Set DV application from the UK or overseas
You can apply to settle in the UK if you have a Family Visa or Spouse Visa or if you meet the other visa eligibility criteria and you are either in the UK or overseas. Different immigration rules apply if you are an abandoned spouse overseas but our Set DV Solicitors can help you whether you are applying from within or outside the UK.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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