DOMESTIC VIOLENCE, IMMIGRATION LAW AND - Rights of Women

Women who qualify to apply for indefinite leave to remain under the main Domestic Violence rule 2
and who need to find safe accommodation and financial support while they prepare their
application and wait for the UKBA response, may now notify the UKBA of their intention to apply
under the Domestic Violence rule, and receive a decision granting 3 months’ leave to remain
with recourse to public funds. The UKBA call this route ‘Destitute Domestic Violence’ (DDV for
short).
What is the DDV process?
This process of ‘notification’ (applying for recourse to public funds while you apply for indefinite
leave to remain under the domestic violence rule) is done by downloading form DDV from the
UKBA website, completing the very basic information required on it, and emailing it straight back to
the UKBA email address given on page 2 of the DDV form. There is no fee. The form can be
returned by post, but this will delay the UKBA’s response. The UKBA will then make a quick check
of their files to make sure that the applicant either currently has, or has had, leave to enter or
remain as a spouse. Once that is confirmed, the UKBA will promptly reply with a letter granting 3
months’ leave to remain with recourse to public funds, plus a further letter requiring the applicant to
apply for a biometric residence card. That process is envisaged to take only a further couple of
days.
You can find the DDV form, UKBA policy and UKBA ‘frequently asked questions’ at
http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/domesticviolence/#header2
The UKBA letter makes it clear that the applicant is eligible to apply for public funds as soon as she
receives her biometric residence card. It is hoped that women’s refuges will feel confident to admit
to the refuge a woman holding this letter, since the letter shows that the woman will be able to
make a claim for benefits within a day or two.
This new ‘Destitution Domestic Violence’ leave to remain lasts 3 months. Applicants are expected
to make their application for indefinite leave on form SET(DV) under the Domestic Violence rule as
soon as possible. The UKBA’s target time for dealing with those applications is 20 days. The
intention therefore is that applicants may be granted indefinite leave to remain well within that three
months’ period.
Some women may not be able to make the main SET (DV) application straight away. They may
need time to collect evidence, (from their doctor, social worker, women’s support centre, etc). They
or their children may be too upset from having to flee from the violence to be able to deal with such
complicated procedures so soon. It is very important that whatever the circumstances the
application on SET(DV) is made before the expiry of the 3 months’ ‘Destitution Domestic Violence’
leave to remain, to remain lawfully in the UK while a decision is made on the main application. The
UKBA asks applicants in this situation to inform them quickly that there are or may be difficulties
making the application. If this may be your situation and the evidence is still not available near the
end of the three months, you are strongly advised to make the application within the 3 months’
period, with a letter attached explaining what evidence is still awaited, and what the reason is for
the delay – and the UKBA may in exceptional circumstances agree to delay making the decision
until all the evidence is received.
Make sure you meet the requirements before you apply for DDV
This new Destitution Domestic Violence scheme is only open to women who will qualify to
apply for indefinite leave under the Domestic Violence rule.
2 See section D-DVILR in Appendix FM, at
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/app-family-members/victim-ofdm/
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