Can A UK Spouse Visa Holder Go to The Police If There's Domestic Violence?

If you are on a UK spouse visa and your partner is abusing you, you can report it to the police. Abusers often tell their partners that reporting will lead to deportation. Reporting a crime does not cancel your visa, and specific immigration routes exist for people whose relationship has broken down because of domestic abuse.

If you are in immediate danger, call 999.

What A Spouse Visa Is

A spouse or partner visa under Appendix FM of the Immigration Rules lets the partner of a British citizen or a person settled in the UK live here. It is usually granted for 33 months if you apply from outside the UK or 30 months if you apply from inside the UK, and it can then be extended. For most new applications the sponsor must meet a minimum income requirement of £29,000 a year (people first granted under the rules before 11 April 2024 continue to need £18,600). Partner visas are normally granted with a "no recourse to public funds" (NRPF) condition, which means you cannot claim most benefits.

Your permission to stay is linked to your relationship, so you may fear that leaving or reporting your partner will put your status at risk. The law has protections for this situation, set out below.

If you want to talk to someone first, the National Domestic Abuse Helpline is free, confidential and open 24 hours a day on 0808 2000 247.

The Legal Framework

Domestic Abuse Act 2021

The Domestic Abuse Act 2021 received Royal Assent on 29 April 2021. Key provisions include:

• Statutory definition (section 1): domestic abuse is abusive behaviour between people aged 16 or over who are personally connected, including physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological or emotional abuse.
• Children as victims (section 3): a child who sees, hears or experiences the effects of domestic abuse is recognised as a victim in their own right.
• Controlling or coercive behaviour (section 68): extends the offence in section 76 of the Serious Crime Act 2015 so it also covers partners and family members who no longer live together. The maximum sentence is 5 years' imprisonment.
• Non-fatal strangulation or suffocation (section 70): created a specific criminal offence.
• Domestic Abuse Protection Notices and Orders (Part 3): a new form of protection order, currently being piloted in some areas (see below).

What The Police Will Do

When you report domestic abuse, the police will:

• assess your safety and risk, often using a standard risk assessment such as the DASH (Domestic Abuse, Stalking and Harassment and Honour-Based Violence) checklist;
• arrest the suspect where there are grounds to do so;
• record evidence, such as photographs of injuries and body-worn camera footage;
• refer you to local support services and, in high-risk cases, to a Multi-Agency Risk Assessment Conference (MARAC), where agencies plan together how to keep you safe;
• consider protective measures such as a protection notice or order.

Your Rights as A Spouse Visa Holder

The criminal law protects you whatever your immigration status. Under the Code of Practice for Victims of Crime (the Victims' Code), you have rights including being referred to support services and having an interpreter if you need one. The Human Rights Act 1998 also requires public authorities to respect your rights, including protection from inhuman or degrading treatment (Article 3) and respect for your private and family life (Article 8).

Can A Spouse Visa Holder Report Domestic Violence to The Police?

Yes

There is no legal barrier to reporting. If you hold a valid spouse visa, you are lawfully in the UK, and reporting a crime does not in itself affect your permission to stay. The relationship ending can affect your status, but if it ended because of domestic abuse you may qualify for settlement under the Victim of Domestic Abuse route (see below).

Confidentiality and Immigration Information

There is no legal "firewall" between the police and the Home Office. The police can share information about a victim's immigration status with the Home Office in some circumstances, and the government has so far rejected calls to prevent this. This is mainly a concern for people without valid permission to stay. If you are worried about your status, you can speak to the National Domestic Abuse Helpline or an immigration solicitor in confidence before you go to the police.

Independent Domestic Violence Advisors (IDVAs), available through local domestic abuse services, can also support you confidentially through reporting and any court process.

How to Report to The Police

Emergency Calls (999) and Non-emergencies (101)

Call 999 if you or someone else is in immediate danger. If you cannot speak, stay on the line. From a mobile, you will hear an automated message and can press 55 to be put through to the police as a genuine emergency. Pressing 55 does not tell the police where you are, so give your location if you can do so safely.

If you are deaf or have difficulty speaking, you can contact 999 through Relay UK by dialling 18000, or register in advance for the emergencySMS service.

For past incidents or where there is no immediate danger, call 101 or report at a police station. Some forces also accept domestic abuse reports online.

Evidence and Statements

The police will usually take a written or recorded statement from you. Tell them if you need an interpreter. If there has been a sexual assault, a Sexual Assault Referral Centre (SARC) can provide a forensic medical examination and support, whether or not you decide to report to the police. Keep copies of any crime reference numbers, as these can also be useful evidence in an immigration application.

Immediate Protection After Reporting

Protection Notices and Orders

Under the Crime and Security Act 2010, a senior police officer can issue a Domestic Violence Protection Notice (DVPN), which can immediately stop the abuser contacting you or returning to your home. The police must then apply to a magistrates' court within 48 hours for a Domestic Violence Protection Order (DVPO), which lasts between 14 and 28 days. A breach of a DVPO is dealt with as a contempt of court.

In pilot areas (including Greater Manchester, some London boroughs, Cleveland and North Wales), these are being replaced by Domestic Abuse Protection Notices and Orders under the Domestic Abuse Act 2021. A DAPO can last longer, and breaching one is a criminal offence.

You can also apply to the family court for a non-molestation order or occupation order under the Family Law Act 1996. Breaching a non-molestation order is a criminal offence.

Refuges and Safe Housing

Refuges provide safe, confidential accommodation for people escaping domestic abuse. The National Domestic Abuse Helpline (0808 2000 247) can help you find a space. Some refuges cannot accept people with no recourse to public funds because housing costs are often paid through housing benefit. The Migrant Victims of Domestic Abuse Concession (below) can help with this, as it gives temporary access to public funds.

Immigration Implications of Leaving An Abusive Relationship

The Victim of Domestic Abuse Settlement Route

If you were given permission to stay as the partner of a British citizen, a settled person or certain other sponsors, and the relationship broke down because of domestic abuse, you can apply for indefinite leave to remain under Appendix Victim of Domestic Abuse of the Immigration Rules. This route replaced the old "SET(DV)" rule. There is no minimum time you must have spent on your spouse visa, and you do not need to pass an English language or Life in the UK test.

The fee is £3,226 per person, but you do not have to pay it if you can show you cannot afford it. GOV.UK says you will usually get a decision within 6 months of giving your fingerprints and photo. You should apply as soon as possible after the relationship breaks down. A police report is useful evidence but is not required: you will give a statement about your circumstances, and can include other evidence such as letters from doctors or support services.

The Migrant Victims of Domestic Abuse Concession

If you need financial help to leave, the Migrant Victims of Domestic Abuse Concession (MVDAC), formerly the Destitute Domestic Violence Concession (DDVC), gives you 3 months' permission to stay with access to public funds, so you can claim benefits and get help with housing. There is no fee; you apply using the form on GOV.UK. Within those 3 months you must apply for settlement as a victim of domestic abuse or, if you are not eligible, for another type of permission.

If These Routes Do Not Apply

If your partner was not British or settled (for example, they were on a work or student visa), you may still be able to use the MVDAC, and there may be other options, such as an application based on family or private life under Article 8 of the European Convention on Human Rights. Get specialist advice on your circumstances.

Support Services

The National Domestic Abuse Helpline is staffed by trained female advisers and can support callers in many languages. You do not have to give your name.

Seeking Legal Advice and Next Steps

Get immigration advice as early as possible after leaving the relationship, from a solicitor or an adviser regulated to give immigration advice. Legal aid may be available for some immigration applications by victims of domestic abuse, through a legal aid provider.

1. Keep yourself safe first: call 999 in an emergency or the National Domestic Abuse Helpline on 0808 2000 247.
2. Keep copies of any evidence you can safely gather, such as crime reference numbers, medical letters and messages.
3. Get advice on whether the Victim of Domestic Abuse route, the MVDAC or another route applies to you, and apply as soon as possible.
4. Check that only you can access your UKVI account, as your eVisa is held there. Change your password and contact details if your partner may know them.