Domestic Violence Visa

Key takeaways

• The “domestic violence visa” is the route to indefinite leave to remain (settlement) for people whose partner relationship has broken down because of domestic abuse.
• Domestic abuse can include physical, emotional, psychological, sexual, financial, threatening or controlling behaviour.
• The current legal route is the Victim of Domestic Abuse route under Appendix VDA. It can lead to indefinite leave to remain or indefinite leave to enter.
• The application fee is £3,226 per person from 8 April 2026, but this is one of the few settlement routes where you can ask the Home Office for a fee waiver if you cannot afford it.
• There is no immigration health surcharge and no priority service for this route, and there is no minimum income or savings threshold.
• If you are in the UK and need financial support while preparing your application, the Migrant Victims of Domestic Abuse Concession may give temporary permission and access to public funds.

Leaving an abusive relationship is hard enough without the fear of losing your right to stay in the country. For people whose UK immigration status depends on a partner, that fear can be used as another means of control.

There is a dedicated settlement route for victims of domestic abuse, often called the domestic violence visa, that allows you to apply for permanent status in your own right once the relationship has ended because of abuse.

Table of contents

• What is the domestic violence visa?
• How is domestic abuse defined in the UK?
• Who can apply for ILR as a victim of domestic abuse?
• Can you apply if you are outside the UK?
• What is the difference between the MVDAC concession and settlement?
• Do you have to pass the Life in the UK test or pay the health surcharge?
• How much does it cost, and can you get a fee waiver?
• How do you apply for the domestic violence visa?
• What documents do you need?
• Can you include your children in the application?
• What happens after you apply?
• What if your application is refused?
• Can you also get family law protection?
• Why Sterling Law?
• Frequently asked questions

What is the domestic violence visa?

A “Domestic Violence Visa” is not the formal name of a separate visa category. In practice, the phrase is usually used for an application to settle in the UK after a relationship has ended because of domestic violence or abuse.

The formal route is called the Victim of Domestic Abuse route. If successful, it can lead to indefinite leave to remain if you apply from inside the UK, or indefinite leave to enter if you apply from outside the UK after being abandoned overseas. Both outcomes are forms of settlement.

This route is designed for people whose immigration position depended on a partner relationship and who should not be forced to remain in an abusive relationship to protect their UK status.

How is domestic abuse defined in the UK?

Domestic abuse is far broader than physical violence. UK law treats any pattern of controlling, coercive, threatening or abusive behaviour between people who are or have been partners, or close family members, as domestic abuse.

Recognised forms of abuse include:

• physical abuse, such as hitting, slapping or any use of force that causes harm;
• emotional or psychological abuse, including controlling behaviour, constant criticism, threats, humiliation or isolating someone from friends and family;
• sexual abuse, meaning any non-consensual sexual activity or coercion;
• economic abuse, such as controlling someone’s money, stopping them from working, or running up debts in their name;
• harassment or stalking, including unwanted following, monitoring or repeated contact that causes fear; and
• online or digital abuse, such as monitoring someone’s devices or sharing private images without consent.

This list is not exhaustive. Any behaviour used to harm, frighten, control or isolate a partner can amount to domestic abuse, whether or not it left a physical mark. If you need help recognising or evidencing what you have experienced, our family law team for domestic abuse can advise.

Who can apply for ILR as a victim of domestic abuse?

You can apply if your most recent permission was as a partner on a qualifying route, and that relationship has permanently broken down because of domestic abuse. You must be in the UK when you apply.

A “partner” here means a spouse, civil partner, or unmarried or durable partner. The table below sets out the main categories the Home Office accepts.

Who qualifies to settle under Appendix VDA (2026)

You will not qualify on this route if your most recent permission was as a fiancé or proposed civil partner, or if you are an asylum seeker, because your status is not based on a partner relationship of the type the rules cover.

Suitability: when settlement may be refused or limited

You must also meet the suitability requirements, which look at criminal history and conduct. Importantly, an application on this route cannot be refused simply because you previously breached immigration rules.

Where there are serious suitability concerns, such as certain criminal convictions, the Home Office may grant limited permission to stay for 30 months instead of full settlement. Other conduct concerns, for example immigration fraud, can also affect eligibility, so it is worth taking advice if any of this may apply to you.

Can you apply if you are outside the UK?

Yes, but only in a specific situation. A person outside the UK may apply under the Victim of Domestic Abuse route if they were abandoned overseas.

Being abandoned overseas usually means that the applicant was left outside the UK by their partner in circumstances connected to the abusive relationship and needs to return to the UK independently. The application is made online for entry clearance on the relevant route.

If you are outside the UK for another reason, or if you left the UK voluntarily after the relationship ended, the position may be different. You should take advice before applying because the outside-UK route is narrower than the inside-UK SET(DV) route.

What is the difference between the MVDAC concession and settlement?

They are two separate things. The Migrant Victims of Domestic Abuse Concession (MVDAC) gives short-term safety and support; settlement under Appendix VDA gives permanent status. You can use the concession first and then apply to settle.

The MVDAC replaced the former Destitution Domestic Violence Concession. It provides three months of permission to stay with access to public funds, so that you can leave an abusive home, find accommodation and prepare your settlement application without being destitute.

Crucially, the concession is wider than the settlement route. It was extended in 2024 to cover dependent partners on work and study routes and partners with pre-settled status, and in 2025 to certain partners under the Ukraine Scheme. Not everyone who receives the concession can go on to settle under Appendix VDA.

Do you have to pass the Life in the UK test or pay the health surcharge?

Some standard settlement requirements do not apply to this route, while others usually still do. The table below summarises the position.

What applies to the domestic abuse settlement route

A main applicant aged between 18 and 64 normally still needs to meet the Knowledge of Language and Life requirement, which means passing the Life in the UK test and meeting the English language standard, unless an exemption applies on grounds such as age or a long-term physical or mental condition.

From 26 March 2026, the rules became more flexible for dependent children. Children included in the application no longer need to meet the maintenance and accommodation requirement, and the separate child English language and Life in the UK provisions were removed.

How much does it cost, and can you get a fee waiver?

The application fee is £3,226 per person for applications made on or after 8 April 2026. Unlike most settlement applications, you can ask the Home Office not to charge this fee if you cannot afford it.

This fee waiver exists because economic abuse, where a partner controls or withholds money, is a common feature of domestic abuse. To request it, you provide evidence of your financial situation, such as bank statements or a letter from a local authority or a support organisation.

There is no immigration health surcharge to pay on this route, and enrolling your biometric information carries no separate charge.

How do you apply for the domestic violence visa?

You apply online from inside the UK using the SET(DV) form. There is no priority service for this route, so all applications are decided on the standard timescale.

The main steps are:

1. confirm you are eligible under Appendix VDA and gather your evidence;
2. complete the SET(DV) form online and either pay the fee or request a fee waiver;
3. prove your identity and provide your biometric information (a photograph and fingerprints); and
4. submit your supporting documents.

If you cannot prove your identity in the usual way, for example because your abuser has kept your passport, you can explain why and the Home Office will consider alternatives. If you were granted permission under the MVDAC concession, you should normally apply to settle before that permission ends.

What documents do you need?

You need to prove your identity, that your relationship has broken down, and that domestic abuse was the cause. The Home Office examines this evidence carefully, so a well-prepared application matters.

Documents that commonly support an application include:

• a current passport or travel document, and any previous passports showing your immigration history;
• evidence that the relationship has ended, such as a divorce or civil partnership dissolution, or proof that you have stopped living together;
• evidence of the abuse, which can include police reports, medical records, court orders or injunctions, social services records, or letters from a refuge or support organisation;
• evidence of where you are living; and
• financial documents, particularly if you are also requesting a fee waiver.

No single document is essential, and you do not need a criminal conviction against your abuser to apply. A combination of credible evidence is what counts, and the right mix depends on your circumstances.

Can you include your children in the application?

Yes. Dependent children can usually be included on the same application, provided they meet the relevant conditions.

A child under 18 should normally have, or have had, permission to be in the UK, must not be married or in a civil partnership, and, if aged 16 or over, must not be living independently. A child aged 18 or over may be included if they were last here as your dependant and meet the same conditions.

Where your former partner is not the child’s other parent, the child may still be included if, for example, that other parent has died, you have sole responsibility, or there are serious reasons why the child should stay.

What happens after you apply?

After you submit, you will be asked to attend an appointment to provide your biometric information. Children aged six and over also give biometrics.

You should not travel outside the UK while the Home Office is considering your application, as this can cause it to be treated as withdrawn. If you need your passport returned during this time, you can usually request it.

A decision normally takes around six months, though complex cases can take longer. You can keep living and working in the UK while you wait. If your application succeeds, you gain the right to work, study, access public services and, in time, apply for British citizenship.

What if your application is refused?

You have options if your application is refused, and acting quickly is important because time limits apply. The right step depends on why the application was refused.

• Administrative review: if you believe the Home Office made a caseworking error, you can ask a different official to look at the decision again.
• Judicial review: if a decision appears unlawful or the process was flawed, it may be challenged in the courts. This is complex, and legal representation is strongly advised.
• A different route: depending on your circumstances, another type of UK visa may be appropriate.

Can you also get family law protection?

Yes. Immigration advice and family law protection often need to work together in domestic abuse cases. Immigration status may deal with your right to stay in the UK, while family law steps may help with safety, children, housing and contact arrangements.

Depending on the circumstances, you may need advice on:

• a Non-Molestation Order to prevent harassment, threats or contact;
• an occupation order to deal with who can live in the family home;
• child arrangements where there are safety concerns;
• protective evidence that may also support the immigration application;
• separation, divorce or financial issues after the abusive relationship ends.

A coordinated approach can reduce the risk of conflicting steps. For example, statements in family proceedings, police reports and immigration evidence should be accurate and consistent.

Why Sterling Law?

Sterling Law assists clients with domestic abuse settlement applications, MVDAC issues, fee waiver preparation, evidence planning and related family law support.

Our work can include:

• assessing whether you qualify under Appendix Victim of Domestic Abuse;
• explaining whether MVDAC, SET(DV), Appendix EU, human rights or another route is more suitable;
• preparing a safe and practical evidence plan;
• drafting or reviewing the personal statement;
• advising on missing documents and evidence controlled by the abusive partner;
• preparing the Home Office application and legal representations;
• advising on eligible children and dependent applications;
• coordinating with family law advice where protective orders or child arrangements are needed;
• assisting after refusal, including Administrative Review or alternative immigration steps.

If your relationship has broken down because of domestic abuse and your immigration status depends on that relationship, contact Sterling Law for confidential legal advice before submitting an application.

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Frequently asked questions

Is the domestic violence visa the same as the SET(DV) application?

Yes. SET(DV) is the online form used to apply for indefinite leave to remain as a victim of domestic abuse under Appendix Victim of Domestic Abuse.

Can I apply if I am still living with my partner?

You may be able to start preparing, but the route requires the relationship to have permanently broken down because of domestic abuse. Safety planning and legal advice are important before taking any step that may put you at risk.

Do I need a police report or a conviction to apply?

No. There is no requirement for a conviction, and a single document is not essential; the Home Office looks at the overall evidence, which can include medical records, court orders and letters from support organisations.

Can I apply if I cannot afford the fee?

Yes. This is one of the few settlement routes where you can request a fee waiver, and you support the request with evidence of your financial situation.

How long does a decision take?

A decision usually takes around six months, and there is no priority or super-priority service available for this route.

What is the difference between the MVDAC and settlement?

The MVDAC gives three months of permission and access to public funds for safety and support, while settlement under Appendix VDA gives permanent status; not everyone eligible for the concession can settle under the appendix.

Can I include my children in the application?

Yes, dependent children can usually be included, and since 26 March 2026 they no longer need to meet the maintenance and accommodation requirement.

Can I travel abroad while my application is being decided?

No. You should not leave the UK while a decision is pending, as your application may be treated as withdrawn.

What happens to my immigration status if the relationship has already ended?

You should tell the Home Office that the relationship has ended, and you may still apply on this route based on your most recent permission as a partner; taking early advice helps protect your position.

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