Domestic Violence Rule: Right to Stay in the UK 2026

The Domestic Violence Rule in the UK allows victims of domestic violence/abuse to apply for ILR (Indefinite Leave to Remain) – also known as ‘settlement’ if their relationship ends because of domestic violence.

Domestic Violence was also changed to Domestic Abuse, however in essence it is the same thing apart from the fact that the definition has been widened. 

This rule ensures that individuals are not forced to stay in an abusive relationship just to maintain their immigration status. When a relationship breaks down due to domestic violence, the UK immigration system provides protection not only to the main applicant but also to their dependent children.

Applicants who are family members of EEA nationals and cease to be family members on the termination of a marriage or civil partnership owing to domestic violence are allowed to retain a right of residence in the UK, provided they provide the required documentary evidence and fulfil the EUSS requirements. The applicant in such cases, and on completion of a total of 5 years’ legal residence under the EUSS, may be eligible to make an application for permanent residence.

Please note that victims of domestic violence do not need to wait for a divorce to apply for a retained right of residence, as the law prioritises their safety and immediate protection.

In the cases where the relationship between dependants of spouses, civil partners, unmarried and same-sex partners of a person settled in the UK or of an EEA national breaks down as a result of domestic violence, they may apply for a right to stay.

What is domestic violence?

“Any instance of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) of partner by the other partner who have been intimate partners or family members regardless of gender or sexuality”.

Family members include: mother, father, son, daughter, brother, sister, grandparents, in-laws or step-family.

Domestic violence by a family member of the partner where the partner has not intervened to offer any help or protection is also actionable, and the victim can make an application under the law.

“Any psychological, physical, sexual, financial or emotional harm done to a person by the acts or omissions of another.”

This definition serves as guidance to the UKBA (UK Border Agency) to determine whether domestic violence has been perpetrated against an applicant. 

Who can apply?

A person may qualify if 

They are in the UK on a spouse visa or partner visa (spouse, civil partner, or unmarried partner) visa (except as fiancé(e) or proposed civil partner) and their partner in the UK is: 

• A British citizen, or 

• Someone settled in the UK (holding ILR or EUSS- Settled status under the Appendix EU); or

• An EEA (European Economic Area) national in the UK with ‘pre-settled’ status granted under Appendix EU; or

• a member of the UK armed forces who has served for at least 4 years; or

• a person with permission to stay in the UK as a refugee (If the applicant’s partner has pre-settled status, they also need to have been living in the UK by 31 December 2020); and

• The relationship has permanently broken down due to domestic violence

Those with pre-settled status under the EUSS (EU Settlement Scheme) can also apply if their relationship has broken down permanently because of domestic violence/abuse, and they have pre-settled status either:

• as a spouse/civil partner/unmarried partner

• on the basis of a retained right of residence because they used to have a spouse/civil partner/unmarried partner who was living in the UK by 31 December 2020

The main applicant can apply for their children to settle in the UK with them if:

• they were born in the UK; or

• they have, or have had, permission to stay in the UK as the main applicant’s dependent child; or

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

The dependent children must also have been living with the main applicant and their ex-partner, and not be married, in a civil partnership or living an independent life.

Who does not qualify and cannot apply?

The Domestic Violence rule does not apply to:

• Fiancé(e) and proposed civil partner visa holders (in most cases, unless switched to spouse visa) of a person present and settled in the UK

• Fiancé(e) and proposed civil partner visa holders of an EEA national exercising treaty rights in the UK 

• Spouses/civil partners/unmarried/same-sex partners of a person holding a limited leave to remain (e.g. work visa, student visa)

• Short-term visa holders 

• Overstayers without valid partner visa status

Spouses, Civil Partners, Unmarried and Same-Sex Partners of a person present and settled in the UK

To apply for settlement in the UK under the Domestic Violence Rule, applicants must fulfil the following specific conditions set by the Home Office under the Immigration Rules - Appendix FM.

They must be in the UK on a qualifying UK Spouse/Civil partner visa as a Spouse/Civil partner/Unmarried Partner/Same-sex Partner, and they must have obtained the visa on the basis of a genuine relationship.

They must demonstrate to the decision makers that, before their relationship broke down permanently, the relationship was genuine and subsisting, and they were living together as partners. They can show evidence like shared utility bills, joint tenancy agreements, and communication records.

The domestic violence must have occurred during their probationary period of stay in the UK, when the relationship was ongoing

They must show that the relationship has ended permanently, and they are no longer living together as partners

They must show that the relationship broke down permanently solely because of domestic violence, which may include physical violence, emotional or psychological abuse, financial control, and coercive/controlling behaviour of their partner or their partner’s family. They can show, if they have, credible evidence such as medical records, police reports, court orders (e.g., non-molestation orders), and letters from social services/support organisations.

Unlike standard settlement routes, the applicants are not required to complete 5 years of continuous residence in the UK on a spouse or civil partner visa. 

They can apply as soon as the relationship breaks down due to domestic violence and include any dependent children in their application. 

Applying for right to stay (retained right of residence) as a spouse/civil partner of an EEA National who started living in the UK by 31 December 2020

If the applicant is the spouse/civil partner of an EEA national who started living in the UK by 31 December 2020, their route to settlement in the UK is different from the standard spouse visa route.

Family members of EEA nationals do not apply under the Immigration Rules – Appendix FM. Instead, they fall under the EUSS (EU Settlement Scheme), or previously, the EEA Regulations 2016 (it ceased to apply at 11:00 pm on 31 December 2020).

Applying for right to stay as a spouse of an EEA National under the EU Settlement Scheme on the basis of domestic violence

Under the EUSS (EU Settlement Scheme), a person whose marriage/civil partnership with an eligible EEA national who started living in the UK by 31 December 2020 broke down permanently due to domestic violence caused by their spouse/ civil partner/ unmarried partner or a family member of their partner (in some cases) can apply for the right to stay in the UK on the basis of a retained right of residence. 

They do not immediately get a settlement (also known as ‘settled status’ under the EUSS). Instead, the status depends on the stage of their residence and the legal route. If they have lived for less than 5 years in the UK, they will normally get pre-settled status under the EUSS which is equivalent to LLR (Limited Leave to Remain). 

After holding a retained right and completing 5 years of continuous lawful residence in the UK, the person can apply for Settled status under the EUSS. 

Who can apply for retained right of residence?

A person may be able to apply for retained right of residence under the EUSS if they used to have a spouse/civil partner who is a relevant EEA citizen who was living in the UK by 31 December 2020, but their relationship has broken down permanently due to domestic violence that happened while the applicant was in the UK. This is called applying on the basis of retained right of residence by virtue of a relationship with a relevant sponsor (the relevant sponsor is the person from whom that right was originally derived, even if the relationship has ended).  

Other family members who can apply on this basis include:

• Child/grandchild aged under 21

• dependent child/grandchild aged over 21

• dependent parent/grandparent

The applicant needs to meet the following conditions:

The domestic violence must have taken place during their probationary period of stay in the UK, when the relationship was ongoing.

If the relationship ends due to domestic violence, the applicant may qualify for the settlement if the applicant was living with their EEA national spouse/civil partner in the UK before the relationship broke down due to domestic violence.

The applicant can apply with their dependents, if any, who are not British citizens or EEA nationals.

How can Visa and Migration help?

Our immigration lawyers can help simplify the rules when you are a victim of domestic violence, and on this basis, you want to continue to stay in the UK. 

You can choose our services because: 

• You pay a Fixed Fee

• You receive advice from our experienced caseworkers. 

• We provide you with unlimited meetings and support.

• We provide you with unlimited phone calls. 

• We advise you on the procedure, requirements, and merits of making an application on the basis of domestic violence. 

• We keep you updated with new rules and procedures and act in your best interest.” 

• We draft representations in support of your immigration matter, explaining your circumstances in detail and proving how you satisfy the requirements of the Immigration Rules. 

• We advise and represent your dependents along with your application. 

• We lodge appeals and prepare administrative reviews (where applicable). 

• We advise you on the future applications for British Citizenship.

• We answer your queries/concerns even after your application has been submitted and approved.