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Domestic abuse and a partner visa: settlement in the UK

If a relationship on which your UK partner visa is based has broken down because of domestic abuse, Appendix Victim of Domestic Abuse lets some people apply for settlement without waiting for five years. The Rules set no mandatory evidence list, and the fee can be waived if you are destitute.

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People searching this topic are usually in one of two positions. Either they hold a UK partner visa and the relationship has ended because of abuse, or they fear that leaving will cost them their right to stay. The Immigration Rules have a route for this: settlement (also called indefinite leave to remain) for a victim of domestic abuse, set out in Appendix Victim of Domestic Abuse, usually shortened to Appendix VDA. A separate short-term arrangement, the Migrant Victims of Domestic Abuse Concession, gives three months of permission and access to benefits while a victim works out what to do next.

This guide explains who each of them covers, what the Home Office says it will accept as evidence, what the application costs and when the fee can be waived, and what happens if the application is refused. It describes the rules as published on GOV.UK and in the Home Office's own caseworker guidance on 9 October 2026. It does not say whether you qualify. That depends on facts a regulated adviser or a specialist domestic abuse service can look at with you.

Two different things: the concession and settlement

GOV.UK separates two options, and the difference matters.

Settlement under Appendix VDA. This is permission to stay permanently. GOV.UK says it lets a person "live, work and study here for as long as you like", apply for benefits if eligible, and use the permission to apply for British citizenship. The test in the Rules is that the relationship has broken down permanently because of domestic abuse. There is no requirement to have completed five years first.

The Migrant Victims of Domestic Abuse Concession (MVDAC). The Home Office's caseworker guidance describes it as "a policy concession outside the Immigration Rules". It gives three months of permission to stay, with permission to work and no ban on claiming public funds, so that a victim in the UK can get access to benefits (for example to find somewhere safe to live) while deciding what to do. It is not settlement.

The guidance sets out what a person must do during the three months. Unless they also hold pre-settled status under the EU Settlement Scheme, they must either apply for settlement under Appendix VDA (where eligible), apply for permission to stay in another route, or make arrangements to leave the UK. GOV.UK says that if the person does not apply within three months, their permission to stay in the UK will end. The concession is applied for on a separate form, and the Home Office aims to process the notification within five working days of receipt. Someone who is outside the UK cannot apply for the concession.

The guidance is also plain that the two are not the same population: "The policy does not provide for all victims of domestic abuse and not everyone granted permission under this concession will be eligible to apply for settlement under Appendix VDA." The concession reaches further than the settlement route. For example, it covers the partner of someone on a work or study route, but Appendix VDA settlement does not (see the next section).

Who the settlement route covers

Rule VDA 4.1 lists the permission the applicant must hold, or must have last held. The applicant must be 18 or over. The main groups are:

  • a partner under Appendix FM (not a fiancé(e) or proposed civil partner) of a British citizen or a person settled in the UK, or of an EEA national with a specified status under Appendix EU;
  • a spouse, civil partner or durable partner, or child, under Appendix EU with limited leave as a family member;
  • a partner or child under Appendix FM, Part 8, Part 11 or Appendix Family Reunion (Protection) of a refugee;
  • a partner or child under paragraphs 282, 285, 295B or 295E of Part 8 of a person present and settled in the UK;
  • someone who was already granted permission as a victim of domestic abuse under Appendix FM or Part 8;
  • a partner or child under Appendix HM Armed Forces, or Part 7, of a British citizen or of certain serving or discharged members of HM Armed Forces; and
  • someone who was granted leave outside the Rules under the Migrant Victims of Domestic Abuse Concession and, before that, held one of the permissions above.

The list does not include dependants of Skilled Worker, Student or other work and study visa holders. Those people can use the three-month concession, but the Rules for settlement under VDA start from the relationship categories above. If you are unsure which category your most recent permission falls into, the grant letter or your UKVI account will say which Appendix it was granted under.

Rule VDA 4.2 is the core test. In the Rules' words, the applicant must meet one of two requirements. The first is that "The relationship between the applicant and their partner must have broken down permanently as a result of domestic abuse". The second is the same test for a child's relationship with a parent or the parent's partner.

Applying from outside the UK. Rule VDA 4.3 allows an application for entry clearance, on the "Return to the UK" form, only if the applicant has been abandoned outside the UK and was physically present in the UK before they were abandoned. The Home Office guidance says transnational marriage abandonment is a form of domestic abuse, and describes it as the practice of a sponsoring partner or their family stranding a visa-dependent partner abroad, usually without money, with the aim of preventing return to the UK. For these applications the guidance says the standard is a lower one than for in-country cases, "a reasonable degree of likelihood".

What counts as domestic abuse

The Home Office guidance uses the definition in the Domestic Abuse Act 2021. In its words, domestic abuse involves any single incident or pattern of conduct where someone's behaviour towards another is abusive, where both people are aged 16 or over and are, or have been, personally connected. The abuse can be psychological, physical, sexual, financial or emotional, and can include violence, threats, controlling behaviour and coercive behaviour.

Three points in the guidance are worth knowing because they surprise people.

  • Not only physical violence. The guidance says no distinction should be made between psychological (mental) abuse and physical abuse when deciding eligibility under Appendix VDA.
  • Wider forms are named. The guidance states: "Domestic abuse includes forced marriage, honour-based violence, dowry-related abuse and transnational marriage abandonment."
  • Immigration status can be a tool of control. In its section on transnational marriage abandonment, the guidance lists using a victim's immigration status as a tool of controlling or coercive behaviour, for example threats to cancel permission or not to support extensions of stay.

The abuse need not come from the partner alone. GOV.UK's page says the abuse can come from a partner, parent or other family member, and that this can include a member of the partner's family.

Evidence: what the Rules require and what the guidance lists

The Rules themselves do not set an evidence list. The Home Office's caseworker guidance says so directly: "The Immigration Rules do not specify any mandatory evidence or documents to be submitted with an application." GOV.UK's applicant page adds that you will be asked to give a statement about your circumstances, and that you should include supporting evidence if you have it but do not need it to apply.

The standard of proof. For an application made inside the UK, the guidance tells caseworkers to weigh all the information and evidence together and decide whether, "on the balance of probabilities (such as, it is more likely than not)", the relationship broke down because of domestic abuse.

Evidence the guidance treats as conclusive. The guidance has a table of non-exhaustive examples, and says that anything marked conclusive is enough to meet VDA 4.2 without further consideration (unless there is a counter-allegation). Examples it gives include court findings of fact after a hearing, a domestic violence protection order issued by a court, and a domestic abuse protection order made under the Domestic Abuse Act 2021. A criminal conviction relating to domestic abuse and a police caution that the applicant accepted are also marked conclusive. The guidance adds that an acquittal must not be taken as proof that abuse did not happen, because criminal convictions need a higher standard of proof than immigration decisions.

Other evidence that is weighed. The same table lists, with varying weight depending on content and source: a letter from social services that confirms they have assessed the applicant; letters from a domestic abuse professional at a charity or public body that confirms an assessment; a multi-agency risk assessment conference (MARAC) referral; a GP or medical report that confirms injuries or conditions consistent with abuse; a police report of attendance; a letter or statement from an independent witness; and the applicant's own personal statement. The guidance says a statement should be considered in the round with other material, and that a letter from an advice agency or refuge that only repeats the applicant's account, without confirming that the applicant has been assessed as a victim, is "Not compelling evidence on its own" but must be considered with the rest of the evidence.

What the guidance says about missing evidence. Three passages are especially relevant:

  • "The lack of police involvement or criminal prosecution or a conviction is not an adverse factor in itself."
  • Where the only evidence is the applicant's own statement, caseworkers are told to look at the reasons given for the lack of documents, "in particular, where any reasons arise from or otherwise relate to the abusive relationship".
  • Continuing to live at the same address as the abuser, or attempts at reconciliation, should not necessarily be read as showing the relationship has not broken down, since there can be many reasons, such as lack of means or fear for children's safety.

The guidance also tells caseworkers to consider that trauma can affect how a person recounts events, and that discrepancies may follow.

Cost, fee waiver, forms and timing

Fee. GOV.UK says: "The application fee is £3,226 per person, unless you do not have enough money to support yourself." The Home Office fee table of 8 October 2026 lists £3,226 for indefinite leave to enter as a victim of domestic abuse (applying from outside the UK) and £3,226 for indefinite leave to remain generally, with no change from the previous table. There is no fee for biometrics (fingerprints and a photo).

Fee waiver. GOV.UK says you do not have to pay if you can provide evidence that you do not have a place to live and cannot afford one, or you have a place to live but cannot afford essential living costs such as food or heating, or you have a very low income and paying would harm your child's wellbeing. Evidence can include bank statements, a signed letter from a local authority or a signed letter from an agency that has been supporting you. The caseworker guidance lists the kinds of evidence it expects (accommodation costs, income, savings, outgoings) and adds that financial or economic abuse can affect a person's ability to provide them, for example where they have no access to a bank account. It states that "Applicants are not expected to seek a loan to pay the fee and third parties are not expected to pay the fee on their behalf." A person claiming a waiver submits the application without paying the fee. If the Home Office is not satisfied, the guidance says it should ask for more information first and, if it still rejects the waiver, tell the applicant they can pay within 10 working days and keep the original application date.

Forms. Inside the UK the application is made online on the form SET (DV). From outside the UK it is made online on the "Return to the UK" form. Rule VDA 1.3 also requires biometrics when asked and a passport or other document that establishes identity and nationality. The caseworker guidance says discretion can be used where a passport cannot be provided.

Timing. GOV.UK says to apply as soon as possible after the relationship breaks down and, if you have a current visa, not to wait for it to expire. It says a decision usually comes within 6 months of providing fingerprints and photo, with longer for complex cases. It also tells people with a partner-based visa that they must tell the Home Office if the relationship breaks down. Appendix VDA sets no deadline for applying, but the guidance tells caseworkers to consider the timing of an application together with any explanation for gaps in evidence.

Your account security. The Home Office guidance tells caseworkers that if someone else may have access to an applicant's UKVI account, they should advise the applicant to contact UKVI. That is worth knowing if a partner set up the account.

Children

Appendix VDA lets the main applicant's dependent children apply on the same route (rule VDA 5.1). Children can apply at the same time as the parent or afterwards. The requirements follow Appendix Children: the relationship, a care requirement and an age and independent-life requirement. A child who is 18 or over at the date of application can apply if they were last granted permission as the dependent child of their parent and are not leading an independent life. The caseworker guidance says that in every case a parent must have been, or at the same time be, granted permission on the route. English language, Life in the UK and maintenance requirements for a child under VDA have been deleted from the Rules.

GOV.UK says inside the UK you can include eligible children on your application form; outside the UK each child coming with you needs a separate application.

If the application is refused

Rule VDA 9.2 says that if the application is refused, the person can apply for an administrative review under Appendix AR. Appendix Victim of Domestic Abuse is on the list of routes in AR 1.1, so the review is available. GOV.UK's administrative review page gives the deadlines: 28 days from getting the decision if you applied from outside the UK, 14 days if you are inside the UK, and 7 days if you were detained when you got the decision. The review costs £80, and GOV.UK says it can currently take 12 months or more to receive a result. Our administrative review guide covers what the review can and cannot look at.

A refusal does not always mean the end of options. Permission under other routes may still be open, and our section 3C guide explains how leave can continue while an application or review is pending. Those are the questions to take to a regulated adviser quickly, because the review deadline is short.

Where help is available

For safety, support and housing, GOV.UK's "Domestic abuse: how to get help" page lists national helplines for each nation: Refuge's National Domestic Abuse Helpline for England (0808 2000 247), the Domestic and Sexual Abuse Helpline for Northern Ireland (0808 802 1414), the Domestic Abuse and Forced Marriage Helpline for Scotland (0800 027 1234) and Live Fear Free for Wales (0808 80 10 100). It also lists the Men's Advice Line (0808 801 0327) for male victims. Check the page for current contact options before relying on a number.

For the immigration application itself, legal aid is one source of paid-for help. Paragraph 28 of Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 covers civil legal services for an application for leave to enter or indefinite leave to remain in reliance on Appendix Victim of Domestic Abuse, but not attendance at the Home Office interview. Whether you qualify for it depends on a means test and on evidence of abuse, which a legal aid provider will explain. Our legal aid guide sets out the details.

Only IAA-registered advisers, SRA-regulated solicitors and other qualified persons may give immigration advice in England and Wales. A support service that is neither registered nor authorised cannot advise you on your application, though it can support you in other ways.

Finding a regulated adviser

If you want a regulated adviser to look at your situation, GOV.UK explains how to find an immigration adviser, and the Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Ask any adviser about their fee before you agree to work together, and tell them if it is safe to contact you by phone, email or post. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

Can I get a UK settlement visa if my partner abused me?

Appendix Victim of Domestic Abuse lets some people apply for settlement if the relationship broke down permanently because of domestic abuse. It covers people last granted permission in the relationship categories listed in rule VDA 4.1, such as a partner under Appendix FM of a British citizen or settled person. Whether you are covered depends on your permission and facts.

How much does a domestic abuse ILR application cost?

GOV.UK gives £3,226 per person, and the Home Office fee table of 8 October 2026 lists £3,226 for indefinite leave to enter as a victim of domestic abuse and for indefinite leave to remain. You can apply without paying if you provide evidence that you are destitute or cannot meet essential living costs, or that paying would harm your child's wellbeing.

What evidence do I need for the domestic abuse concession or settlement?

The Immigration Rules set no mandatory evidence list. The Home Office guidance lists examples, including court orders, police records, a MARAC referral, letters from social services or domestic abuse services, medical reports and your own statement, and says the lack of police involvement or a conviction is not an adverse factor in itself.

What is the migrant victims of domestic abuse concession?

It is a policy outside the Immigration Rules that gives three months of permission to stay with permission to work and no ban on claiming public funds, for eligible victims in the UK. Unless you hold pre-settled status, you must apply for settlement under VDA, apply for another route, or arrange to leave within those three months.

Can I apply from outside the UK if my partner abandoned me abroad?

Rule VDA 4.3 allows an application from outside the UK only if you were abandoned outside the UK and were physically present in the UK before the abandonment. You apply for entry clearance on the Return to the UK form. The Home Office guidance treats transnational marriage abandonment as a form of domestic abuse.

Can I appeal if my domestic abuse settlement application is refused?

Rule VDA 9.2 says you can apply for an administrative review. GOV.UK gives 28 days to apply if you were outside the UK, 14 days inside the UK, and 7 days if detained, and a fee of £80. The review can take 12 months or more according to GOV.UK.

Sources

Last checked 2026-10-09.

Related guides

  • Legal aid for immigration: what is covered — In England and Wales, legal aid covers only the immigration matters listed in LASPO 2012 Schedule 1: mainly asylum and protection, detention, trafficking and modern slavery, domestic abuse settlement, and some judicial reviews. Most other matters need exceptional case funding. You usually also have to pass a means test.
  • Spouse visa extension after 2.5 years: how the FLR(M) application works — The partner visa is granted in two blocks of about 2.5 years. The extension (GOV.UK's FLR(M) online application) costs £1,407 plus £2,587.50 health surcharge per adult, and you can apply any time before your permission expires. Most people must meet the financial requirement again, show you still live together, and prove English at A2 if A1 was used last time.
  • Settling as a partner after 5 years: ILR and form SET(M) — A partner on the 5-year route can apply for indefinite leave to remain after 60 months of continuous residence on partner permission with the same partner. The application costs £3,226, uses the online form SET(M), and needs the financial requirement, English and Life in the UK test evidence again.
  • Administrative review of a UK visa refusal — Administrative review is a Home Office check of whether a refusal was caused by a caseworking error. It costs £80 and must be requested online within 14 days if you were in the UK, 28 days if you applied from outside, or 7 days if detained. It only covers routes listed in Appendix AR, usually ignores new evidence, and GOV.UK says results can take 12 months or more.
  • ILR refused: what happens to your status — Refusal of indefinite leave to remain (ILR) does not by itself tell you how long you can stay: that depends on whether your current permission has expired and whether you applied before it did. If you did, section 3C of the Immigration Act 1971 extends your leave while a review or appeal could be brought or is pending. A new application made within 14 days of the refusal, or of the review or appeal window ending, is not treated as overstaying (SUI 13.1).
  • Section 3C leave: your status while a decision is pending — If you apply to extend or change your UK leave before it expires, section 3C of the Immigration Act 1971 extends that leave on the same conditions until the application is decided, and while an appeal or administrative review is possible or pending. It does not apply to late or invalid applications, and it ends if you leave the UK.
  • Free immigration advice in the UK: who offers it — Advice at no charge comes mainly from two places: legal aid, for the immigration matters the law lists (asylum, detention, trafficking, domestic abuse and a few others) if you pass the means test; and IAA organisations registered as non-fee-charging. Paid advice at law firms typically starts with a consultation costing a few hundred pounds.
  • How to check a UK immigration adviser is registered — In the UK only a "qualified person" may give immigration advice: an IAA-registered adviser, a solicitor, barrister or chartered legal executive, or someone working under their supervision. Ask for the regulator and registration number, then check it yourself on the IAA Adviser Register or the SRA Solicitors Register.