UK Visa and Immigration Rules for Domestic Abuse Victims

A person who has, or has had, valid permission to be in the UK as a spouse(husband/wife), civil partner, or as an unmarried partner of a British citizen or a settled person in the UK can apply for ILR (indefinite leave to remain) or ILE (indefinite leave to enter) if their relationship has broken down due to domestic abuse. 

Under Appendix VDA (Victims of Domestic Abuse), the applicant must, under Appendix FM, be a spouse, civil/unmarried partner (except fiancé or fiancée or proposed civil partner) of someone who is: 

• A British citizen, or 

• Settled (with Indefinite Leave to Remain or 'Settled' status under the Appendix EU) in the UK, or 

• An EEA (European Economic Area) national in the UK with limited leave to enter or limited leave to remain (also known as ‘pre-settled’ status) granted under Appendix EU - Paragraph EU3 based on meeting condition 1 in Appendix EU - Paragraph EU14.

Applicants on other routes such as a partner under Appendix FM, Part 11 of the immigration rules, or a victim of domestic abuse under Appendix FM, Appendix Family Reunion (Protection) of a person who has permission as a refugee, or a partner of a person who is present and settled in the UK under paragraph 285 or 295E of Part 8 can also apply for settlement in the UK due to domestic abuse.

Domestic Abuse

The Domestic Abuse Act 2021 provides a legal definition of domestic abuse. The act says that domestic abuse involves any single incident or pattern of conduct where an individual's behaviour towards another is abusive, and where the people involved are 16 or over and are, or have been, personally connected to each other (regardless of sexuality or gender). The domestic abuse can involve, but is not limited to:

• Physical 

• Psychological 

• Sexual

• Emotional  

• Financial  

• Threatening  

• Violence

• Controlling behaviour 

• Coercive behaviour 

‘Personal connection’ means persons concerned: 

• are currently, are due to be, or have been, married or civil partners to each other 
• are currently, or have been, in an intimate personal relationship with each other 
• are currently, or have been, parents or had a parental relationship to the same child 
• are relatives (as defined by the Domestic Abuse Act)

Domestic abuse also includes forced marriage, dowry-related abuse, honour-based violence, and transnational marriage abandonment.

Immigration Rules requirements 

A person applying for settlement (also known as ILE (indefinite leave to enter) or ILR (indefinite leave to remain)) as a victim of domestic abuse needs to ensure that 

• Their application is valid 

• The applicant does not fall for refusal on grounds of suitability 

• The applicant satisfies the eligibility criteria 

Validity 

A person applying as a victim of domestic abuse from overseas must apply for entry clearance. They must apply online on the website GOV.UK using specified form: Return to the UK.

Each person needs to make their own application for entry clearance, including children who are applying on this route at the same time as their parent. However, children are not required to complete the sections on the form concerning domestic abuse or meet the requirements for fee waiver if those sections have been completed by the parent applicant on their application form.

A person applying as a victim of domestic abuse inside the UK must apply online on the gov.uk website using on one of the following specified forms: 

• Form SET (DV) is for a person applying as a victim of domestic abuse on the victim of domestic abuse route and any child who is applying for permission on this route and at the same time as their parent

• Form SET (F) is for a child applicant in the UK applying for permission on the victim of domestic abuse route but not at the same time as their parent

Biometric enrolment 

Applicants must, in most circumstances, enrol their biometric information (fingerprints and facial photograph) before the Home Office considers a decision on the application, unless the Home Office has decided to re-use previously provided biometric information or unless the applicant is excused from the requirement to enrol. 

Identity and nationality 

In order to prove identity and nationality requirements under Appendix VDA applicants can provide a valid passport or other document. The alternative documents such as national identity cards or documents or expired passports or other travel documents can also be submitted by the applicants to prove their identity and nationality.

Suitability

To ensure that a person applying on the victim of domestic abuse route meets the suitability requirements, the Home Office will check that the application does not fall for refusal under any of the grounds for refusal in Immigration Rules - Part 9. 

Grounds for refusal under Immigration Rules - Part 9 include, but are not limited to the following:

• Exclusion, deportation order, or travel ban grounds

• Non-conducive grounds

• Criminality grounds

• Exclusion from asylum or humanitarian protection grounds

• False representations, etc., grounds

Please note that 9.8.4. (a) does not apply on the VDA route.

Decisions on suitability are either discretionary (may) or mandatory (must). The Appendix VDA says that, understanding the importance of safeguarding potentially vulnerable victims of domestic abuse or violence, the Home Office should consider the suitability guidance available on each of the grounds of refusal that may apply to the applicant. The Home Office should have particular consideration where the possible grounds for refusal are either directly connected to, or relate to, the domestic abuse.

Eligibility 

Whether an applicant can obtain permission to settle in the UK permanently (ILR or ILE) depends on their current immigration status and how their relationship broke down.

Applicant’s Immigration Status

The applicant’s current immigration status usually must be based on their relationship with their partner. Their partner must be one of the following:

• A British citizen

• A person who has permission to settle in the UK permanently (ILR or ILE)

• A member of the UK Armed Forces having served for four or more years

• A person who has permission to stay in the UK as a refugee

• A person with settled status under the EUSS (EU Settlement Scheme)

• A citizen of the EU, Norway, Iceland, Liechtenstein, or Switzerland, with pre-settled status under the EUSS

If the applicant’s partner has pre-settled status, they also need to have been living in the UK by 31 December 2020.

Applicants with pre-settled status

A person can also apply for settlement as a victim of domestic abuse if their relationship has broken down permanently because of domestic abuse or violence and they have pre-settled status:

• as a spouse, civil/unmarried partner; or

• on the basis of a retained right of residence because their spouse, civil/ unmarried partner was living in the UK by 31 December 2020

How the relationship broke down

The applicant must show their relationship broke down because of domestic abuse or violence from their partner or from someone who is a member of their partner’s family. The abuser can also be extended family members and in-laws of the applicant’s partner.

A person can also qualify for settlement under the VDA route if they show that their relationship has broken down because another family member in the same household such as a child or stepchild has been subjected to domestic abuse from the partner or another family member and the applicant has left the relationship to protect the abused family member.

Those applying for entry clearance from overseas will need to show that they have been abandoned there. This is called transnational marriage abandonment, which refers to the practice whereby the sponsor or their family members abandon or strand the dependent partner in a foreign country, often without financial resources, in order to prevent them from returning to the UK.

It may involve children who are either abandoned with, or separated from, the abandoned partner.

The applicant will be asked to give a statement about their circumstances at the time of application.  

Eligibility for Children (dependants)

If a person is applying to settle in the UK based on domestic abuse grounds, they can apply for their children to settle in the UK with them if one of the following applies:

• The child was born in the UK

• They either have, or have had, permission to stay in the UK as the applicant’s dependent child

• They were born outside the UK after the applicant obtained permission to stay as a dependent partner in the UK

The child must also:

• have been living with the applicant and their ex-partner 

• prove they will be supported and accommodated adequately in the UK without using public funds

• not be married or in a civil partnership, or living an independent life

• Children aged over 18 may also need to meet the KOLL (Knowledge of language and life) in the UK requirement.

Applying to settle as a victim of domestic abuse

A person applying for settlement in the UK on the VDA route, whether from abroad or from within the UK, must apply online as soon as possible after their relationship breaks down.

If they have a current UK visa, they do not need to wait for it to expire.

Applicants will need to send their current original passport or travel document if they have one.

The application fee is £3,029 per person. An applicant can seek a fee waiver if they do not have enough money to support themself.

Any eligible children can be included on the application form when a person is applying from inside the UK. If applying from abroad, the main applicant will have to make a separate application for each child coming with them.

Applying for ‘Migrant Victims of Domestic Abuse Concession’

A person including someone with pre-settled status under the EUSS can apply for the ‘Migrant Victims of Domestic Abuse Concession’ only when they are inside the UK and need support while waiting for a decision. They can apply for the ‘Migrant Victims of Domestic Abuse Concession’ to:

• get permission to stay in the UK until they receive a decision on their application for settlement

• be able to seek benefits (if eligible), for example, so they can find somewhere safe to live

Please note that, if the applicant resumes their relationship with their partner after applying for a concession, they may not be eligible to settle as their partner.

Evidence

To prove that domestic abuse or violence occurred, the evidence can come in many forms. The best evidence is a criminal conviction, police caution, non-molestation order, occupation order, final order in civil court, and a charging decision from CPS (Crown Prosecution Service) against the applicant’s partner. If this evidence does not exist, other documentation, such as the following, can be used

• a medical report from a doctor or a letter from a GP confirming that the applicant has suffered injuries consistent with domestic abuse,

• a police report showing attendance at the applicant’s home on a domestic abuse call,

• letters from a domestic violence support centre or charities or a social services department confirming their involvement in connection with domestic abuse and concluding whether your relationship broke down due to domestic abuse. 

Granting settlement

A person will be granted a settlement if they meet all the requirements of Appendix VDA and confirm this in writing. Applicants from inside the UK are granted settlement with the endorsement of Domestic Violence – ILR. 

On the other hand, applicants from abroad are granted settlement with the endorsement Settlement Victim of Domestic Abuse – ILE.

Successful applicants are permitted to work, study, run a business, use public services, such as healthcare and schools, and apply for public funds, other benefits, and pensions.

They can apply for British citizenship, usually after holding ILR or ILE for a minimum of 12 months.