ILR as a Victim of Domestic Violence or Abuse

You can apply for ILR as a victim of domestic violence if your relationship permanently broke down because of domestic abuse, without completing the usual 5-year qualifying period.

The route is governed by Appendix Victim of Domestic Abuse and can apply to eligible partners who have, or were last granted, permission under specified UK immigration routes.

This guide explains who can apply, what counts as domestic abuse, what evidence you can provide, how to apply and what to do if you are currently experiencing abuse.

Table of Contents

What Is ILR as a Victim of Domestic Abuse?

The Victim of Domestic Abuse route provides a settlement pathway for eligible migrants whose relationship with their partner has permanently broken down because of domestic abuse.

Unlike many family routes, you do not need to remain in an abusive relationship until you complete the normal qualifying period. If you meet the requirements under Appendix Victim of Domestic Abuse, you can apply for settlement.

Who Can Apply for ILR as a Victim of Domestic Abuse?

You may be eligible if you have, or were last granted, permission as a qualifying partner under routes including:

• Appendix FM as the partner of a British or settled person.
• Certain partner routes involving a person with refugee status.
• Certain Appendix EU family-member routes.
• Certain Armed Forces partner routes.
• A relevant route after receiving permission under the Migrant Victims of Domestic Abuse Concession.

Your relationship must have broken down permanently as a result of domestic abuse.

Eligibility for ILR as a Victim of Domestic Violence or Abuse

You may be eligible for ILR if your relationship with your partner permanently broke down because of domestic violence or abuse. Your immigration status must usually be based on your relationship with an eligible partner.

You may qualify if your partner is:

• A British citizen.
• A person with ILR or settled status in the UK.
• A qualifying UK Armed Forces member.
• A person with refugee status in the UK.
• A person with settled status under the EU Settlement Scheme.
• An eligible EU, Swiss, Norwegian, Icelandic or Liechtenstein citizen with pre-settled status.

You may also qualify if you hold pre-settled status as a spouse, civil partner or unmarried partner, or through a retained right of residence.

To qualify, you must show that the relationship permanently broke down because of domestic violence or abuse by your partner or their family. If applying from outside the UK, you must generally show that you were abandoned overseas.

You do not need supporting evidence to make an application, but you should provide any relevant evidence you have, such as police, medical, court or support-service records.

What Counts as Domestic Abuse?

Domestic abuse is not limited to physical violence. The Home Office guidance confirms that psychological or mental abuse can also be relevant, and evidence is considered as a whole when deciding whether the relationship broke down because of domestic abuse.

Depending on your circumstances, domestic abuse may include:

• Physical abuse.
• Psychological or emotional abuse.
• Controlling or coercive behaviour.
• Financial or economic abuse.
• Threats or intimidation.
• Other abusive behaviour covered by the relevant domestic abuse rules.

You do not necessarily need a criminal conviction or court order to make an application. The Home Office considers the evidence available and assesses whether, on the balance of probabilities, the relationship broke down because of domestic abuse.

Do You Need to Have Reported the Abuse to the Police?

Not necessarily. There is no single mandatory type of evidence that every applicant must provide. The Home Office considers the information and evidence as a whole.

However, if you have reported the abuse, documents such as police records, crime references or other official evidence may help support your application.

Evidence for ILR as a Victim of Domestic Abuse

There is no prescribed list of mandatory evidence for every application. The most appropriate evidence depends on your circumstances and what evidence is available.

Possible evidence may include:

• Police reports or crime reference numbers.
• Medical or hospital records.
• Letters from a GP or healthcare professional.
• Records from a domestic abuse support organisation.
• Social services records.
• Court orders or court documents.
• Evidence of contact with the police.
• Messages, emails or other communications showing abusive behaviour.
• Photographs or other relevant evidence.
• Statements from people who are aware of the abuse.
• Evidence relating to financial or controlling behaviour.

You should not put yourself at further risk to obtain evidence. If you are unable to obtain particular documents, explain your circumstances and provide the evidence that is safely available to you.

Can I Apply Without Evidence of Physical Abuse?

Yes. Domestic abuse does not have to be physical. Psychological or mental abuse can also be relevant to an application under Appendix Victim of Domestic Abuse.

The Home Office considers all available evidence in the round rather than requiring one particular document or type of evidence.

Do I Need to Complete 5 Years Before Applying?

No. The Victim of Domestic Abuse route is different from the standard 5-year partner settlement route. Eligible applicants can apply for settlement when they meet the requirements of Appendix Victim of Domestic Abuse; there is no requirement to complete the usual 5-year partner qualifying period under this route.

What If My Partner Has Already Left Me?

You may still be able to apply. The key issue is whether your relationship permanently broke down because of domestic abuse and whether you meet the other requirements of the Victim of Domestic Abuse route.

You should seek advice promptly if your relationship has ended, particularly if your current immigration permission depends on your partner.

What If I Am Currently in the UK With No Independent Immigration Status?

The Migrant Victims of Domestic Abuse Concession (MVDAC) may provide certain eligible migrant victims with a short period of independent immigration status and access to public funds while they address their immigration position. The concession currently provides 3 months' permission to stay for eligible applicants.

However, not everyone eligible for the concession is automatically eligible for ILR under Appendix Victim of Domestic Abuse. You should check your settlement eligibility separately.

Do I Need to Meet the English Language Requirement?

The Victim of Domestic Abuse route is included within Appendix English Language, so the English requirement applicable to your application should be checked against the current Immigration Rules.

Do not assume that the English requirement for another ILR route automatically applies to a Victim of Domestic Abuse application.

Do I Need to Pass the Life in the UK Test?

The applicable Knowledge of Life in the UK requirements should be checked against the current rules for your application. Exemptions can apply in certain circumstances.

If you have previously passed the test for another UK immigration application, you should retain evidence of your result.

What Documents Do I Need for a Victim of Domestic Abuse ILR Application?

Your documents will depend on your circumstances. You may need:

• Your current passport or travel document.
• Your BRP or eVisa details.
• Evidence of your current or previous immigration permission.
• Evidence of your relationship with your former partner.
• Evidence showing the relationship has permanently broken down.
• Evidence of domestic abuse.
• Police, medical or court evidence, where available.
• Letters or records from support organisations.
• Evidence relating to any children included in the application.
• Certified translations where required.
• Any additional documents relevant to your circumstances.

There is no mandatory evidence list that applies to every victim of domestic abuse application. The Home Office considers the evidence provided as a whole.

When Should You Apply for ILR as a Victim of Domestic Abuse?

You should apply for ILR as a victim of domestic violence as soon as possible after your relationship breaks down because of domestic abuse. If you have a current visa, do not wait until it expires.

How Long Does a Domestic Abuse ILR Application Take?

An ILR application as a victim of domestic violence usually takes up to 6 months to receive a decision after you provide your fingerprints and photograph. Complex applications may take longer if further checks or evidence are required.

How Much Does a Domestic Abuse ILR Application Cost?

The Home Office ILR application fee for victims of domestic violence is £3,226 per person. You may be eligible for a fee waiver if you cannot afford the application fee or supporting yourself would cause financial hardship.

How Do I Apply for ILR as a Victim of Domestic Abuse?

ILR as a Victim of Domestic Violence applications from inside the UK are generally made online using Form SET(DV). The application must meet the relevant validity requirements, including providing biometrics when required and suitable evidence of identity and nationality.

The basic process is:

1. Check whether you qualify under Appendix Victim of Domestic Abuse.
2. Gather your immigration and domestic abuse evidence.
3. Check whether you qualify for a fee waiver.
4. Complete the SET(DV) application.
5. Upload your supporting documents.
6. Provide biometrics when required.
7. Attend any appointment requested by the Home Office.
8. Wait for the settlement decision.

Can My Children Apply for ILR Too?

Dependent children may also qualify for settlement under the Victim of Domestic Abuse route, provided they meet the relevant requirements. The rules contain specific provisions for children applying with or separately from the parent.

What Happens If My ILR Application Is Refused?

If your application is refused, the decision letter should explain why. An Administrative Review may be available in certain circumstances.

If you receive a refusal, get specialist immigration advice promptly because the appropriate next step depends on the reasons for refusal and your current immigration status.

Common Mistakes in Victim of Domestic Abuse ILR Applications

Common problems can include:

• Applying under the wrong immigration route.
• Failing to explain how the relationship permanently broke down.
• Providing insufficient evidence of domestic abuse.
• Providing inconsistent information.
• Leaving out relevant immigration history.
• Failing to provide available supporting evidence.
• Not explaining why certain evidence cannot be obtained.
• Missing biometric or application requirements.
• Assuming a police report or criminal conviction is mandatory.
• Waiting too long to address your immigration status after leaving an abusive relationship.

ILR as a Victim of Domestic Abuse Checklist

Before submitting your application, check that:

• You have held, or last held, permission under an eligible route.
• Your relationship has permanently broken down because of domestic abuse.
• You have gathered the evidence available to support your circumstances.
• Your identity and immigration documents are available.
• You have considered whether you qualify for a fee waiver.
• You have completed the correct application form.
• You have provided biometrics when required.
• You have included relevant evidence concerning any dependent children.
• Your information is accurate and consistent.

Need Help with an ILR Application After Domestic Abuse?

If your relationship has broken down because of domestic abuse, you may have a route to settlement without waiting for the usual 5-year partner qualifying period.

Vanguard Solicitors can assess your immigration history, explain whether the Victim of Domestic Abuse route may apply and help you prepare your settlement application and supporting evidence.

If you want to apply for ILR as a victim of domestic violence, call Vanguard Solicitors on 0208 616 5535 for an eligibility assessment and specialist advice.