The Home Office has ensured victims of domestic violence can regain an independent immigration status (indefinite leave to enter or remain) from their spouse, civil partner, or unmarried or durable partner, whereby the victims’ relationship with their partner broke down permanently due to domestic violence from their partners or their partner’s family.
In other words, UK Immigration law allows non-UK nationals who currently have or were last granted a UK spouse, civil partner, or unmarried partner visa to apply for settlement if they can prove that they are a victim of domestic violence from their partners or their partner’s family.
Domestic violence or abuse, as defined in the Domestic Abuse Act 2021, involves any single incident or pattern of conduct where one person’s ’s behaviour towards another is abusive, and where the people involved are aged 16 or over and currently are, or have been, personally related to each other, such as being married or in civil partnership, regardless of their gender or sexuality.
Domestic violence or abuse can be sexual, physical, emotional, psychological, or financial. It can also be in the form of threatening, coercive, or controlling behaviour to try to harm, isolate, or frighten someone.
Normally, UK spouse/civil partner/unmarried partner visa holders can apply for settlement (also known as indefinite leave to remain) after they have resided in the UK for 5 years continuously. However, anyone in the UK with any of these visas can apply for ILR (indefinite leave to remain) anytime immediately after their relationship has broken down permanently with their UK partner due to domestic violence. This means domestic violence victims are not required to wait for their current UK visa to expire to be eligible for an ILR.
Please note that the UK government has, for most visas, proposed in its White Paper released on 12 May 2025 to increase the qualifying period for ILR from five years to ten years.
But there are explicit exemptions for victims of domestic violence, who will continue to retain existing safeguards provided by the government, including their settlement rights.
A person whose application for ILR as a victim of domestic violence is approved will be entitled to live, work, and study in the UK for as long as they wish, and apply for public service, public benefits, and pensions if they are eligible.
Once someone has held ILR status in the UK for at least 12 months, they can apply for British citizenship.
The applicants’ eligibility depends on their immigration status and how their relationship broke down.
Your current immigration status usually must be on the basis of your relationship with your partner, who must be one of the following:
A British citizen
A person with indefinite leave to remain or enter
A member of the UK armed forces having served for at least 4 years
A person with leave to remain in the UK as a refugee
A person with ‘Settled’ status under the EUSS (EU Settlement Scheme)
An EU, Switzerland, Norway, Iceland, or Liechtenstein citizen with pre-settled status under the EUSS
If your partner has pre-settled status under the EUSS, they also need to have been living in the UK by 31 December 2020.
If you have pre-settled status
You can also apply for ILR if you are a victim of domestic violence and you have pre-settled status:
As a married partner (spouse), civil partner, or unmarried partner
Based on your retained right of residence because you had a spouse, civil partner, or unmarried partner who was residing in the UK by 31 December 2020
Victim of Domestic Violence Concession
While waiting for a decision on your ILR application, you can apply for temporary permission outside the Immigration Rules, under the Migrant Victims of Domestic Abuse Concession (MVDAC) only if you are within the UK. The concession provides you with a temporary 3-month period of leave to remain in the UK and you may be able to apply for benefits (if you’re eligible), for example so you can find a safe place to live during this period.
During this 3 -month period, you (unless you have pre-settled status under the EUSS) must apply for permission to settle, or else you may have to leave the UK.
Please note that after having applied for the concession, if you resume your relationship with your UK partner, you may not be eligible to apply for ILR to settle as their partner.
You must prove to the Home Office that your relationship ended permanently because of domestic violence or abuse from your partner or their family.
You’ll be asked to give a statement about your personal circumstances when you apply.
You may also include supporting evidence, such as a criminal conviction, a final order in civil court, a domestic violence protection order, or a simple statement.
If you are applying from outside the UK
If you’re applying from outside the UK, you’ll need to show that your partner or their family member(s) abandoned or stranded you there, usually with the aim of preventing your return to the UK.
Children (dependents) of Victims of Domestic Violence
ILR applicants as a result of domestic violence can include any children (dependents) in their ILR application if they are eligible, for example, if the applicant’s ex-partner is the child’s other parent.
You can apply for your children to settle with you in the UK if one of the following applies:
They were born in the UK
They have, or have had, leave to remain in the UK as your dependent children
They were born outside the UK after you received leave to remain in the UK as a dependent partner
Children aged 18 or below
They must have or have had a valid visa to be in the UK. They must also:
Have been living with you and your ex-partner.
Have proof they’ll be adequately cared for and accommodated in the UK without recourse to public funds.
Not be married or in a civil partnership with someone, or living an independent life.
Children over the age of 18
Unless an exception applies, dependent children over 18 will also need to meet the English language ability requirements and pass the Life in the UK Test.
If the applicant’s ex-partner is not the other parent of the child
You can apply for ILR for your children with you if one of the following is true:
You are the sole surviving parent or have sole responsibility for the child’s upbringing.
There are serious and compelling reasons why the dependent child should be allowed to stay in the UK.
You must apply online, regardless of where you are applying from.
The application fee is £3,029 per person, unless a fee waiver or MVDAC is accepted
You can include any dependent children on your ILR application form if you are applying from inside the UK. However, you will be required to make a separate ILR application for any eligible children coming with you if applying from outside the UK.
Send your current original passport or travel document if you have it.
You will not be required to pay the ILR application fee if you can provide evidence that you:
Neither have a place to live nor can you afford one
Have a place to live but not enough money to afford essential living costs like food or heating
Have a very low income, and therefore, paying the application fee would harm your child’s well-being
To prove the above facts, you can submit evidence such as bank statements, a signed letter from your local authority, or from an agency that’s been giving you support.
After submitting an ILR application, the applicant will be asked to provide their biometric information (fingerprints and a facial photo). Depending on where you are applying from, you will need to make an appointment at a VAC (Visa Application Centre) or a TLS Contact centre service point to provide your biometric information. Book an appointment at a VAC in the country you are applying from, or a TLS service point in the UK- if applying from within the UK.
Any children applying on your form who are aged 6 and over must also provide their biometric information.
The Home Office will usually give its decision on your application within 6 months.
The Home Office will contact you if your ILR application is complex and will take longer, for example:
They need to verify your supporting documents
If you need to attend an interview
Due to your personal circumstances, for example, you have a criminal conviction
If your application is approved, you will be able to secure ILR in the UK for yourself and any dependent children.
The UK government recognises victims of domestic violence or abuse as vulnerable and thus unlike many immigration issues, immigration advice is offered to those eligible financially.
The complexity of the evidence required and the potential lack of a right to appeal make it crucial that you consult an experienced immigration law firm.
If you need help with getting leave to remain in the UK, you can get immigration advice. You may be entitled to legal aid (free legal advice) in the UK. You can report domestic violence or abuse to the police or contact organisations for help or advice.
Our immigration law firm is well-versed in all aspects of applying for ILR (Indefinite Leave to Remain) and understands the implications this status holds for individuals, especially the victims of domestic violence or abuse.
Our professional team at Visa and Migration handles all sensitive cases with utmost care and oversees ILR applications at all stages to further assist the victims of domestic violence.
To find out more about ILR and our immigration services, call us at +44 (0)20 3411 1261
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