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Do I need a solicitor for a Set (DV) ILR application?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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lifelonger
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DV on Spouse Visa - ILR worth considering?

Post by lifelonger » Sun Jul 17, 2022 5:52 pm

I need help with a DV ILR application that I'm thinking of applying for after several years of abuse on a spousal visa.

I've been told they only tend to be successful when there's serious stuff like a conviction, arrest or a police caution in addition to GP records. But a support organisation told me it isn't that complicated, and a letter of support along with my statement/pictures etc. should suffice and that she's been doing these applications for 16 years and hasn't seen a refusal. She also said I don't even need to approach the police if I didn't want to and could still get the application successful without a mess.

I'm unsure about that tbh, and would like a first hand account from someone to gauge whether it's even worth applying for ILR considering the heavy costs and hassle associated with it (don't think I qualify for legal aid). If I drop the option, then I've wasted several years of my life after rearranging it while he goes completely scot free and gets on with his life like I never existed.

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zimba
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Re: DV on Spouse Visa - ILR worth considering?

Post by zimba » Sun Jul 17, 2022 6:31 pm

UKVI will evaluate the evidence and seriousness of the case to see if granting ILR is appropriate. The stronger the evidence, the higher the chance of being granted ILR. There is an official guide on this.
Look for 'Table of evidence' in this guide: https://assets.publishing.service.gov.u ... olence.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

secret.simon
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Re: DV on Spouse Visa - ILR worth considering?

Post by secret.simon » Sun Jul 17, 2022 10:35 pm

Keep in mind that if domestic violence is not proven to the satisfaction of the Home Office, your existing spousal visa could be curtailed.
(Page 48 of the document linked to by Zimba above)
You must consider curtailment when you refuse an application from a person whose relationship has broken down, who is not able to prove their relationship broke down as a result of domestic violence and who has over one month leave to remain
...
This is because they now cease to meet the rules under which they were granted leave to enter or remain in the UK.
You'd want to document the domestic violence in as thorough a manner as possible. And be sure to enlist the support of charities that work in that space.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

lifelonger
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Do I need a solicitor for a Set (DV) ILR application?

Post by lifelonger » Sat Nov 12, 2022 11:01 pm

Isn't it just a number of documents plus the application form and a covering letter that we have to submit? Do I really need a solicitor for that or can I do it myself?

Can someone please share their experience if they've done it themselves?

In terms of documents for evidence, I've got 3 or 4 MARAC referrals, 3 supporting letters from the organizations that have helped me including an IDVA at a refuge, police reference number for ongoing investigation after an arrest as well as a non molestation order. I've got documentation for most of these and can I just gather and upload with the application form, write up a covering letter myself, submit and book my biometic appointment myself? Would that be a good idea?

I'm thinking it'll save me several hundred pounds on a solicitor as that'll also what they'll basically do.

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