Can A Domestic Violence Victim Get UK Immigration Status?

If you came to the UK as someone's partner and the relationship has broken down because of domestic abuse, you do not have to stay with your abuser to keep your immigration status. UK immigration law has specific protections for migrant victims of domestic abuse.

If you are in immediate danger, call 999. If you cannot speak, call 999 from a mobile and press 55 when prompted so the call handler knows it is a genuine emergency.

What Counts as Domestic Abuse

Section 1 of the Domestic Abuse Act 2021 defines domestic abuse as abusive behaviour between people aged 16 or over who are personally connected. It includes:

• physical or sexual abuse;
• violent or threatening behaviour;
• controlling or coercive behaviour (a criminal offence under section 76 of the Serious Crime Act 2015);
• economic abuse, such as controlling your money or stopping you from working;
• psychological, emotional or other abuse.

GOV.UK guidance on the immigration routes uses the same broad approach: abuse can be emotional, psychological, physical, sexual or financial, and includes threatening or controlling behaviour intended to harm, isolate or frighten you. Abuse from your partner's family members can also count.

Why Immigration Status Can Make Victims Vulnerable

Partner visas are usually granted with a "no recourse to public funds" (NRPF) condition, so many people cannot claim benefits or housing help. Some abusers also use a partner's visa as a means of control, for example by threatening to have them deported. Leaving the relationship does not automatically end your right to be in the UK, and specific routes exist for this situation.

The Victim of Domestic Abuse Route (Settlement)

The main route is in Appendix Victim of Domestic Abuse of the Immigration Rules. It replaced the old "SET(DV)" domestic violence rule in Appendix FM. If you qualify, you get indefinite leave to remain (settlement) straight away. You do not need to have spent any minimum period on your partner visa.

Who Can Apply

According to GOV.UK, you may be eligible if you were given permission to be in the UK as the partner of one of the following:

• a British citizen;
• a person settled in the UK;
• a member of the UK armed forces who has served for at least 4 years;
• a person with permission to stay in the UK as a refugee;
• a person with settled status under the EU Settlement Scheme, or (in some cases) an EU, EEA or Swiss citizen with pre-settled status.

You must show that your relationship broke down permanently because of domestic abuse from your partner or your partner's family. You do not need to pass an English language test or the Life in the UK test for this route.

If you were taken abroad and abandoned there by your partner, you may be able to apply from outside the UK.

Children

If you apply from inside the UK, you can include your children under 18 in your application. If you apply from outside the UK, each child needs a separate application. The Home Office must also have regard to the need to safeguard and promote the welfare of children under section 55 of the Borders, Citizenship and Immigration Act 2009.

Fee and Fee Waiver

The application fee is £3,226 per person (from 8 April 2026). You do not have to pay it if you cannot afford to, for example because you have nowhere to live, cannot afford essentials such as food or heating, or paying would harm your child's wellbeing. Send evidence of this with your application, such as bank statements or a signed letter from your local authority or a support agency. There is no charge for giving your fingerprints and photo.

How Long It Takes and What You Receive

GOV.UK says you will usually get a decision within 6 months of providing your fingerprints and photo. You should apply as soon as possible after the relationship breaks down; do not wait for your current visa to expire. If you are granted settlement, your status is issued as an eVisa, which you access through your UK Visas and Immigration (UKVI) account. The Home Office no longer issues biometric residence permits.

If You Have No Money: The Migrant Victims of Domestic Abuse Concession

The Migrant Victims of Domestic Abuse Concession (MVDAC), previously called the Destitute Domestic Violence Concession (DDVC), helps victims who need financial support to leave an abusive relationship. It gives you 3 months' permission to stay with access to public funds, so you can claim benefits and get help with housing while you apply for longer-term status.

• It is for people in the UK whose relationship has broken down because of domestic abuse and who need financial help. As well as partners of British citizens and settled people, the Home Office has extended it to partners of people on work (sponsored) routes and to partners of students and graduates.
• There is no fee. You apply by filling in the form on GOV.UK and posting or emailing it to the address on the form.
• Within the 3 months you must apply for settlement as a victim of domestic abuse or, if you are not eligible for that route, for another type of permission. If you do not, the concession permission ends.

If The Victim of Domestic Abuse Route Does Not Apply to You

You may not be eligible for the settlement route, for example if your partner was on a work or student visa, or if you were never on a partner visa. Other options may include:

• Family or private life applications under Appendix FM or Appendix Private Life, for example as the parent of a British child or a child who has lived in the UK for 7 years. These are based on Article 8 of the European Convention on Human Rights and usually lead to settlement over a longer period.
• Asylum or humanitarian protection if you would face persecution or serious harm, including gender-based violence, if returned to your country of origin.
• Leave outside the Rules in exceptional or compassionate circumstances.

The right route depends on your full immigration history, so get specialist advice before you apply. Our team can advise on the full appeals and administrative review process if a previous application has been refused, and on the settlement routes available to domestic abuse victims.

Evidence

GOV.UK says you will be asked to give a statement about your circumstances when you apply. You should include supporting evidence if you have it, but you do not need it in order to apply. There is no fixed number of documents: the Home Office looks at all the evidence together. Useful evidence can include:

• police reports or crime reference numbers;
• court orders, such as a non-molestation order or occupation order under the Family Law Act 1996, or a domestic violence or domestic abuse protection order;
• letters from a GP, hospital or other health professional;
• letters from a refuge, Independent Domestic Violence Advisor (IDVA), social worker or other support service;
• messages, emails or other records showing threats or controlling behaviour;
• evidence that you were in the UK as your partner's partner, such as your previous visa decision or eVisa details.

You can still apply if you have little or no documentary evidence, which is common where abuse was emotional or financial. A clear, detailed personal statement matters in every case. Documents not in English or Welsh need a certified translation.

If Your Application Is Refused

Your refusal letter will tell you whether you can appeal to the First-tier Tribunal or request an administrative review, and the deadline. If you are in the UK, you usually have 14 days from receiving the decision to appeal. The tribunal fee is £82 without a hearing or £144 with a hearing, although exemptions and help with fees are available. Get advice quickly, as deadlines are short.

Support Services and Legal Aid

The National Domestic Abuse Helpline, run by Refuge, is free and confidential and open 24 hours a day on 0808 2000 247. Advisers can help you plan for your safety and find refuge space. Legal aid may be available for some immigration applications by victims of domestic abuse, through a legal aid provider.

Getting Help

1. Call the National Domestic Abuse Helpline on 0808 2000 247 (24 hours a day) for safety planning and help finding a refuge.
2. If you wish to use legal aid, contact a legal aid provider directly (you can search on GOV.UK). The provider will assess your eligibility and apply for funding on your behalf. Solicitors in our network do not accept Legal Aid clients, but can act for you on a private fee basis.
3. Specialist organisations such as Rights of Women and Southall Black Sisters give free advice and support to migrant women; check their websites for current contact details and opening hours.
4. If you have children and no access to public funds, your local council may be able to support your family under section 17 of the Children Act 1989.

An Independent Domestic Violence Advisor (IDVA), usually available through local domestic abuse services or the police, can help with risk assessment, safety planning and gathering evidence for your application.