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SETTLEMENT FOLLOWING DOMESTIC ABUSE

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Indefinite Leave to Remain (ILR) as a Victim of Domestic Abuse

A person whose immigration status depends on a partner or parent may be able to obtain indefinite leave to remain (ILR) if the relevant relationship has broken down permanently because of domestic abuse.

The principal route is contained in Appendix Victim of Domestic Abuse (Appendix VDA) to the Immigration Rules. Unlike the normal 5-year or 10-year family settlement routes, an applicant does not need to complete a prescribed qualifying period before applying. Where the requirements are met, settlement can be available following the permanent breakdown of the relationship.

Domestic abuse is not limited to physical violence. Psychological, emotional, sexual and economic abuse, threats, intimidation, controlling or coercive behaviour and other forms of abuse can all be relevant.

Eligibility nevertheless depends on the applicant’s immigration history. Appendix VDA does not provide a settlement route for every migrant who experiences domestic abuse. It is therefore important to establish both the nature of the abuse and whether the applicant has, or last had, one of the immigration statuses covered by the Rules.

1. What Is ILR as a Victim of Domestic Abuse?

Appendix VDA provides a route to settlement for certain adults who have, or were last granted, immigration permission based on their relationship with a partner or parent and whose relevant relationship has broken down permanently because of domestic abuse.

A successful application made from within the UK results in indefinite leave to remain. A qualifying applicant who has been abandoned overseas can, in specified circumstances, apply for entry clearance for settlement and obtain indefinite leave to enter.

Settlement means that the applicant is no longer subject to an immigration time limit. They can generally live, work and study in the UK without requiring further immigration permission and may access public funds where they meet the separate eligibility conditions for the benefit concerned.

No Minimum Length of Relationship Before Applying

There is no requirement to remain in an abusive relationship until a spouse, partner or family visa has run for a particular length of time.

An applicant does not have to complete 5 years on the partner route before applying. If the relationship has broken down permanently because of domestic abuse and the other requirements of Appendix VDA are met, an application can potentially be made much earlier.

The fact that abuse and relationship breakdown occurred relatively soon after a person entered the UK is not, by itself, a reason to refuse settlement.

Applicants should therefore focus on whether the requirements of Appendix VDA are met rather than waiting until their existing immigration permission is close to expiry. The public application guidance expressly advises eligible applicants to apply as soon as possible after the relationship breaks down.

To discuss your application for ILR under Appendix Victim of Domestic Abuse contact our immigration barristers on 0203 617 9173 or complete our enquiry form.

2. Who Can Apply for ILR Under Appendix Victim of Domestic Abuse?

Appendix VDA does not apply simply because a person has suffered domestic abuse. The applicant must be aged 18 or over and have, or have last been granted, immigration permission in one of the categories specified by the Rules.

The principal qualifying categories include the following.

Partners and Children Under Appendix FM

Appendix VDA can apply to a person who has or last had permission as the spouse, civil partner or unmarried partner under Appendix FM of a person who is:

  • a British citizen;
  • settled in the UK; or
  • within the specified category of EEA nationals holding qualifying limited permission under Appendix EU.

Fiancé(e)s and proposed civil partners are excluded from this part of Appendix VDA.

Since 8 October 2026, Appendix VDA also expressly permits a person aged 18 or over who was last granted qualifying permission as a child to apply as the main victim of domestic abuse rather than only as a dependant of a parent.

EU Settlement Scheme Family Members

Certain people with limited leave under the EU Settlement Scheme may qualify.

This can include a spouse, civil partner, durable partner or child who has qualifying pre-settled status as the family member or joining family member of a relevant EEA citizen, qualifying British citizen or other relevant sponsor.

A person who has retained a right of residence under Appendix EU following the breakdown of the relationship may also fall within the relevant provisions.

The precise basis on which pre-settled status was granted is important. It should not be assumed that every person who holds, or has held, status under the EU Settlement Scheme is eligible under Appendix VDA.

Partners and Children of Refugees

Qualifying permission as a partner or child of a refugee under specified provisions of Appendix FM, the historic Immigration Rules or Appendix Family Reunion (Protection) can also bring an applicant within Appendix VDA.

Armed Forces Families

Appendix VDA also covers specified partners and children granted permission under the Armed Forces immigration provisions, including in connection with certain British citizens and foreign or Commonwealth members of HM Armed Forces.

Previous Domestic Abuse Permission

Some applicants who previously received permission as a victim of domestic abuse under earlier versions of Appendix FM or Part 8 remain within the current settlement provisions.

Previous MVDAC Permission

Permission granted under the Migrant Victims of Domestic Abuse Concession (MVDAC) can also preserve eligibility where the applicant’s immigration permission immediately before MVDAC was in one of the qualifying Appendix VDA categories.

This is an important distinction. MVDAC itself has wider eligibility than Appendix VDA. A grant under the concession therefore does not automatically establish that the applicant qualifies for settlement.

The qualifying categories are technical and include both current and legacy provisions. The applicant’s most recent immigration grant should therefore be identified precisely before an Appendix VDA application is prepared.

3. Who Does Not Qualify for Settlement Under Appendix VDA?

Appendix VDA is not a general settlement route for every migrant who experiences domestic abuse in the UK.

A person will not ordinarily qualify under Appendix VDA solely because they:

  • are in the UK as a visitor;
  • hold immigration permission in their own right as a worker or student;
  • are the dependant of a worker or student and have never held one of the qualifying Appendix VDA categories;
  • hold an immigration status that is not specified by Appendix VDA; or
  • entered or remained in the UK without ever having qualifying immigration permission.

A fiancé(e) or proposed civil partner under Appendix FM is also excluded from the principal partner provisions of Appendix VDA.

However, lack of eligibility for Appendix VDA does not necessarily mean that the person has no immigration options.

Depending on the circumstances, another route may be available under the Immigration Rules, Article 8 of the European Convention on Human Rights or, in an appropriate case, outside the Rules.

Some people who cannot qualify for immediate settlement under Appendix VDA may nevertheless qualify for temporary independent immigration permission and access to public funds through the MVDAC.

Work and Student Dependants

This distinction is particularly important for dependant partners of workers and students.

A dependant partner of a Skilled Worker, Global Business Mobility migrant, Student or another qualifying worker can potentially obtain temporary permission under the MVDAC if the relationship breaks down because of domestic abuse.

However, permission as a worker or student dependant is not by itself one of the immigration categories which qualifies for immediate settlement under Appendix VDA.

The individual may therefore need to use the three-month MVDAC period to consider another immigration route rather than submitting a SET(DV) settlement application.

The MVDAC guidance expressly recognises that the concession is wider than Appendix VDA and that not everyone granted temporary permission under the concession will qualify for domestic abuse settlement.

4. What Counts as Domestic Abuse for an ILR Application?

Domestic abuse is considerably broader than physical violence.

For the purposes of Appendix VDA, relevant abusive behaviour can include:

  • physical violence or assault;
  • sexual abuse;
  • psychological or emotional abuse;
  • economic or financial abuse;
  • threats and intimidation;
  • controlling behaviour;
  • coercive behaviour;
  • forced marriage;
  • so-called honour-based abuse;
  • dowry-related abuse; and
  • transnational abandonment.

Domestic abuse can involve a single incident or a pattern of behaviour.

Controlling behaviour may include isolating a person from friends, family or sources of support, depriving them of resources needed for independence, exploiting their money or abilities for another person’s benefit or regulating their everyday activities.

Coercive behaviour can involve threats, humiliation, intimidation or other conduct used to establish or maintain power and control.

Immigration Status as a Form of Control

Immigration status itself can be used as a mechanism of abuse.

Examples may include an abuser:

  • withholding a passport or immigration documents;
  • preventing the applicant from accessing their UKVI account;
  • falsely telling the applicant that they have no immigration status;
  • threatening to have them deported;
  • threatening to report them for overstaying;
  • refusing to assist with an immigration application as a means of control;
  • threatening that the applicant will lose contact with their children if they leave; or
  • deliberately preventing the applicant from returning to the UK.

The absence of physical violence therefore does not prevent a person from qualifying for settlement.

The assessment should focus on the substance of the behaviour and whether it amounts to domestic abuse, rather than treating physical injury as a necessary feature of the route.

5. Must the Relationship Have Broken Down Because of Domestic Abuse?

Yes. Appendix VDA requires a causal connection between the domestic abuse and the permanent breakdown of the relevant relationship.

It is not enough to establish that domestic abuse occurred at some point during a relationship which subsequently ended for an unrelated reason.

The application should therefore explain:

  • the nature and history of the relationship;
  • what domestic abuse occurred;
  • when and how the abuse affected the applicant;
  • how the relationship deteriorated;
  • why the applicant decided or was compelled to leave; and
  • why the relationship has now broken down permanently.

Does the Sponsoring Partner Have to Be the Abuser?

No.

An applicant may still qualify where the abuse was perpetrated by another family member, including an in-law or other member of an extended family household.

The important question is whether the abuse caused the applicant’s relationship with the sponsoring partner or parent to break down permanently.

For example, an applicant may suffer sustained abuse from their partner’s family while their partner fails to protect them, participates in the abuse or insists that the abusive arrangement continue.

Abuse Directed at a Child or Another Family Member

The abuse need not always be directed personally at the applicant.

An applicant may potentially qualify where the relevant relationship breaks down because their partner or another family member abuses a child or another member of the household and the applicant leaves in order to protect that person or themselves.

What if the Applicant Still Lives With the Abuser?

Remaining temporarily at the same address does not necessarily mean that the relationship remains subsisting.

A victim may be unable immediately to leave because of financial dependence, housing difficulties, concern for children, fear of retaliation, cultural or religious pressures or lack of access to appropriate support.

Similarly, unsuccessful attempts at reconciliation do not necessarily prevent an application.

The factual position should be explained carefully rather than assuming that continued cohabitation, intermittent contact or an attempted reconciliation automatically defeats a claim that the relationship has permanently broken down.

6. What Evidence Is Needed for a Domestic Abuse ILR Application?

There is no prescribed piece of evidence that every Appendix VDA applicant must provide to prove domestic abuse.

In particular, an applicant does not need to establish that:

  • the abuser has been convicted;
  • the police have prosecuted the abuser;
  • the applicant has obtained a court order;
  • the applicant stayed in a refuge; or
  • the abuse involved physical violence.

For an application made in the UK, the evidence is considered as a whole and the Home Office assesses whether it is more likely than not that the relationship broke down permanently because of domestic abuse.

A well-prepared application should nevertheless provide all reasonably available evidence capable of corroborating the applicant’s account.

Police and Criminal Justice Evidence

Relevant evidence may include:

  • criminal convictions;
  • cautions;
  • police reports;
  • crime reference numbers;
  • records of police attendance;
  • bail conditions;
  • information concerning criminal investigations; and
  • relevant disclosures concerning previous domestic abuse.

A criminal conviction relating to domestic abuse is powerful evidence, but its absence does not establish that domestic abuse did not occur.

Domestic abuse is frequently not reported to the police and many reported cases do not result in prosecution or conviction.

Family Court and Protective Order Evidence

Evidence may include:

  • findings of fact in Family Court proceedings;
  • non-molestation orders;
  • occupation orders;
  • Domestic Abuse Protection Orders;
  • Domestic Violence Protection Orders;
  • child arrangements proceedings;
  • undertakings;
  • protective injunctions; and
  • judgments or orders recording admissions or findings concerning abusive conduct.

The precise weight attached to a court document depends on what the court actually decided. An interim or without-notice order is not necessarily equivalent to a final judicial finding following consideration of evidence from both sides.

Medical and Mental Health Evidence

Medical records can be important, particularly where the applicant disclosed abuse or presented with injuries or symptoms connected with the relationship.

Evidence may come from:

  • GPs;
  • hospitals;
  • mental health professionals;
  • counsellors;
  • psychologists; or
  • other relevant healthcare professionals.

The purpose of such evidence is not necessarily to provide a medical diagnosis of domestic abuse. It may corroborate injuries, disclosures, psychological effects or contemporaneous events forming part of the applicant’s account.

Refuges, Local Authorities and Support Organisations

Evidence from professionals and organisations involved with the applicant may be particularly valuable.

This can include material from:

  • domestic abuse charities;
  • refuges;
  • independent domestic violence advisers;
  • social services;
  • local authorities;
  • housing officers;
  • safeguarding professionals; and
  • other organisations supporting the applicant or their children.

Messages, Emails, Photographs and Other Records

Applicants can also rely on evidence such as:

  • threatening or abusive text messages;
  • emails;
  • social media messages;
  • photographs;
  • contemporaneous diary entries;
  • financial records demonstrating economic abuse;
  • evidence of restricted access to money;
  • communications with family or friends; and
  • witness statements from people who saw relevant events or their aftermath.

Electronic material should be presented in a way which allows its source, chronology and context to be understood.

The Applicant’s Personal Statement

The applicant’s own evidence is central to many Appendix VDA applications.

A detailed statement will normally explain the relationship history, the nature and development of the abuse, relevant incidents, the effect on the applicant and any children, the circumstances in which the relationship broke down and any difficulty obtaining documentary evidence.

The absence of extensive independent evidence does not necessarily prevent an application succeeding.

The current policy recognises that controlling behaviour, trauma, isolation and threats concerning immigration status or children may all explain why a victim did not report abuse or cannot obtain documents.

Evidence must therefore be assessed in the round rather than by imposing a rigid documentary checklist.

7. Can You Apply for Domestic Abuse ILR if Your Visa Has Expired?

Potentially, yes.

Appendix VDA does not invariably require an applicant to have valid immigration permission on the date of application.

The important question is generally whether the applicant has, or was last granted, permission in a qualifying Appendix VDA category.

A person whose qualifying partner or child permission has expired may therefore still be eligible even if they have become an overstayer.

This is particularly important in domestic abuse cases because immigration control can itself form part of the abuse. A perpetrator may withhold documents, prevent an extension application from being made, mislead the victim about their immigration status or deliberately allow their permission to expire.

Section 3C Leave

Where an applicant submitted a valid in-time immigration application before their previous permission expired, section 3C of the Immigration Act 1971 may extend their existing permission while that application is pending.

The person’s full immigration history should therefore be established before deciding whether they qualify.

New Validity Requirement From 8 October 2026

From 8 October 2026, the qualifying previous-status requirement at VDA 4.1 also forms part of the validity requirements for an in-country Appendix VDA application.

An applicant who does not have, and was not last granted, a specified qualifying form of immigration permission may therefore have their application rejected as invalid rather than considered substantively.

This makes accurate analysis of the applicant’s most recent immigration grant particularly important.

8. Migrant Victims of Domestic Abuse Concession (MVDAC)

The Migrant Victims of Domestic Abuse Concession, or MVDAC, provides a short period of immigration permission for certain migrant victims whose relationship has broken down because of domestic abuse.

It was previously known as the Destitution Domestic Violence Concession or DDVC.

The MVDAC is not itself a settlement route.

Its purpose is to give an eligible applicant a temporary independent immigration status while they leave an abusive relationship, obtain support and decide how their longer-term immigration position will be resolved.

Three Months’ Independent Permission

A successful MVDAC applicant is generally granted three months’ Leave Outside the Rules.

The grant permits employment and removes the prohibition on recourse to public funds, allowing the individual to apply for benefits where they meet the ordinary eligibility requirements.

The concession can therefore be particularly important where an applicant has been financially dependent on the abusive partner and needs immediate access to housing or financial support.

Who Can Use the MVDAC?

MVDAC eligibility is wider than Appendix VDA.

In addition to people within the traditional domestic-abuse settlement categories, the concession can cover certain:

  • dependant partners and adult children of migrants on work routes;
  • dependant partners and adult children of Students;
  • specified EU Settlement Scheme family members;
  • qualifying Armed Forces family members;
  • partners and children of refugees;
  • qualifying Appendix Ukraine family members; and
  • adults who were last granted specified immigration permission as children.

There are detailed exclusions and conditions, so individual immigration status should be checked before applying.

What Happens During the Three-Month Period?

A person granted MVDAC who does not hold continuing pre-settled status will normally need, before the three-month permission expires, to:

  • apply for settlement under Appendix VDA if eligible;
  • make another appropriate immigration application; or
  • make arrangements to leave the UK.

Where a valid immigration application is made before the MVDAC permission expires, section 3C may extend the applicant’s immigration permission while that application is determined.

Why MVDAC Does Not Automatically Lead to ILR

A person can qualify for MVDAC without qualifying for Appendix VDA.

For example, a person whose only immigration status is as the dependant partner of a Skilled Worker may qualify for temporary MVDAC permission but does not thereby become eligible for immediate settlement under Appendix VDA.

The MVDAC grant letter should indicate whether the person appears eligible to make a SET(DV) application.

Applicants should nevertheless consider their long-term immigration position carefully before changing status. A grant under MVDAC normally varies the applicant’s existing immigration permission, subject to the special position of qualifying EU Settlement Scheme pre-settled status holders.

9. Applying From Outside the UK After Transnational Abandonment

Appendix VDA also provides protection for qualifying victims who have been abandoned outside the UK.

Transnational abandonment occurs where a sponsoring partner, parent or family member strands a visa-dependent person abroad as a form of coercion or control.

This can involve:

  • deceiving the victim about the reason for travelling overseas;
  • confiscating their passport or immigration documents;
  • preventing or delaying their return to the UK;
  • reporting the relationship breakdown to the Home Office while the victim is abroad;
  • deliberately waiting until the victim’s immigration permission expires;
  • withholding money;
  • separating the victim from children; or
  • leaving the victim without accommodation or financial resources.

Transnational abandonment is recognised as a form of domestic abuse.

Requirements for an Overseas Appendix VDA Application

An applicant applying from outside the UK must satisfy the relevant Appendix VDA requirements and must also establish that:

  • they have, or last had, a qualifying immigration status;
  • the relevant relationship broke down permanently because of domestic abuse;
  • they were abandoned outside the UK; and
  • they had been physically present in the UK before the abandonment.

If Appendix Tuberculosis applies, a TB certificate may also be required, although the Rules provide for the possibility of waiver in appropriate circumstances.

The application is made for entry clearance for settlement. If successful, the applicant is granted settlement rather than temporary permission.

Because victims abandoned abroad may have particular difficulty accessing police, medical, financial or immigration documentation, the evidential assessment is adapted to those circumstances. Current policy applies a “reasonable degree of likelihood” standard to the relevant domestic abuse assessment in overseas abandonment cases.

10. Settlement for Children of Victims of Domestic Abuse

Children can be relevant to Appendix VDA in two different ways.

Adult Children Applying as the Main Victim

Since 8 October 2026, a person aged 18 or over who was last granted permission as a child in one of the qualifying categories can potentially apply as a main applicant under Appendix VDA.

This can be important where, for example:

  • the sponsoring parent is the perpetrator;
  • a step-parent is the perpetrator;
  • another family member is the perpetrator;
  • the parent who originally held partner status remains in the abusive household; or
  • the adult child needs to leave the family home independently for their own safety.

The adult child does not need their parent to submit an Appendix VDA application at the same time.

Their relevant relationship with their parent or parent’s partner must have broken down permanently because of domestic abuse.

Dependant Children Applying With a Parent

A main Appendix VDA applicant can also include qualifying dependant children.

A dependant child can ordinarily be:

  • under 18 on the date of application; or
  • aged 18 or over where they were last granted permission as the dependent child of their parent and are not leading an independent life.

The child does not separately have to establish the main applicant’s Appendix VDA relationship and domestic-abuse requirements.

A child can apply at the same time as the parent or, where the parent has already obtained settlement under Appendix VDA, subsequently.

The Appendix Children relationship, care, age and independent-life provisions must nevertheless be satisfied.

11. Financial, English Language and Life in the UK Requirements

Appendix VDA differs substantially from ordinary partner settlement routes.

There is no minimum income requirement equivalent to that applying on the standard 5-year partner route.

The applicant is not required to demonstrate that they earn £29,000 or any other fixed amount.

There is also no separate maintenance or accommodation requirement imposed on the main Appendix VDA applicant.

English Language

An applicant seeking settlement under Appendix VDA is not required to satisfy an English-language requirement.

Life in the UK Test

There is likewise no requirement to pass the Life in the UK Test before obtaining settlement under Appendix VDA.

Following amendments made in 2026, the previous English-language, Knowledge of Life in the UK and maintenance and accommodation provisions concerning adult dependant children were removed from Appendix VDA.

The absence of these requirements reflects the particular purpose of the route: an eligible victim should not be required to remain dependent upon an abusive relationship while waiting to satisfy the requirements which ordinarily apply to other forms of settlement.

12. How to Apply for ILR as a Victim of Domestic Abuse

The correct application process depends on whether the applicant is inside or outside the UK.

Applying From Within the UK Using Form SET(DV)

An applicant in the UK applies online using form SET(DV).

The application should address:

  • the applicant’s identity and nationality;
  • current and previous immigration permission;
  • the qualifying relationship;
  • the permanent breakdown of the relationship;
  • the domestic abuse relied upon;
  • relevant supporting evidence;
  • any dependant children;
  • any suitability matters; and
  • any request for a fee waiver.

Applicants are normally required to enrol biometric information unless the Home Office is able to reuse existing biometrics or the applicant is excused from enrolment.

Identity Documents

The Rules normally require a passport or another document satisfactorily establishing identity and nationality.

However, the domestic-abuse context is important. Perpetrators sometimes control or retain passports and immigration documents.

Current policy therefore recognises circumstances in which alternative identity evidence may need to be considered.

Applicants who cannot obtain their passport should explain why and provide whatever alternative identity evidence is reasonably available.

Applying From Outside the UK

A qualifying victim who has been abandoned overseas uses the specified Return to the UK application process.

Each person applying from overseas, including children, makes their own entry-clearance application.

The application must establish the transnational-abandonment requirements in addition to the general Appendix VDA conditions.

13. Domestic Abuse ILR Fees, Fee Waivers and Processing Times

The figures below are correct as at 24 October 2026.

The Home Office application fee for settlement under Appendix VDA is £3,226 per person.

There is no separate biometric enrolment fee.

Fee Waiver for Victims of Domestic Abuse

An applicant who cannot afford the application fee may qualify for a fee waiver.

A waiver may be available where, for example, the applicant:

  • has nowhere to live and cannot afford accommodation;
  • has accommodation but cannot meet essential living costs such as food and heating; or
  • has such a low income that paying the application fee would adversely affect the wellbeing of a child.

Evidence might include bank statements, benefit records, housing documents and letters from local authorities, refuges, charities or organisations supporting the applicant.

However, domestic abuse frequently makes conventional financial evidence difficult to obtain.

An applicant may, for example, have no access to a bank account held jointly with the abuser, have no control over household benefits or finances, or be unable safely to request financial information.

The fee-waiver assessment should take account of those circumstances.

Processing Time

A domestic abuse settlement application will usually be decided within 6 months after the applicant has provided their biometric information.

More complex applications may take longer, including where evidence needs to be verified or there are criminality or other suitability issues.

Applicants who urgently need independent immigration permission or access to public funds while preparing or awaiting their longer-term application should consider whether the MVDAC is available.

14. Suitability Requirements and Common Reasons for Refusal

An Appendix VDA applicant must satisfy the applicable requirements of Part Suitability of the Immigration Rules.

Criminal offending, deception and other adverse immigration matters can therefore be relevant.

However, the Rules and policy contain protections reflecting the particular circumstances of domestic-abuse cases.

For example, the suitability provision relating to certain breaches of immigration law does not apply in the usual way under Appendix VDA, recognising that an abuser may control immigration documents, deceive the victim concerning their status or prevent them from making an application.

Other adverse matters should also be considered in their proper context where they are connected to the domestic abuse.

Potential difficulties in an Appendix VDA application can include:

  • the applicant’s most recent immigration permission not being a qualifying category;
  • failure to establish that the relevant relationship has permanently broken down;
  • failure to demonstrate the required connection between the abuse and relationship breakdown;
  • conflicting or insufficiently explained evidence;
  • an overseas applicant being unable to establish transnational abandonment;
  • dependant children failing to satisfy the relevant Appendix Children requirements; or
  • a suitability issue requiring consideration under Part Suitability.

A successful application does not depend on producing a particular volume of evidence.

The objective is to present coherent evidence which addresses the legal test, explains any evidential gaps and allows the application to be considered fairly in the context of the applicant’s circumstances.

15. What Happens if a Domestic Abuse ILR Application Is Refused?

A refusal under Appendix VDA does not carry a general right of appeal.

Instead, the Immigration Rules provide for an application for Administrative Review.

Administrative Review may be appropriate where the applicant considers that the Home Office has made a caseworking error.

Depending on the decision, relevant issues might include whether:

  • a qualifying immigration category was overlooked;
  • evidence of domestic abuse was misunderstood;
  • relevant evidence was not considered;
  • too much weight was placed on the absence of police involvement;
  • evidence was assessed individually rather than in the round;
  • the relationship-breakdown test was applied incorrectly;
  • the correct evidential standard was not used; or
  • a suitability provision was incorrectly applied.

In some cases, making a fresh application may be more appropriate than Administrative Review.

Where a decision is arguably unlawful and there is no adequate alternative remedy, Judicial Review may also need to be considered.

A refusal should be reviewed promptly because the applicant’s current immigration status, any section 3C leave and the applicable Administrative Review deadline can affect the available options.

Current Home Office guidance confirms that Appendix VDA refusals do not carry a right of appeal but can be challenged through Administrative Review.

16. What Happens After You Are Granted ILR?

A successful in-country Appendix VDA application results in indefinite leave to remain.

The applicant can generally:

  • live in the UK without an immigration time restriction;
  • work without immigration sponsorship;
  • undertake self-employment or run a business;
  • study;
  • use public services; and
  • access public funds where separately eligible.

Immigration status is normally evidenced digitally through an eVisa.

Can Domestic Abuse ILR Lapse?

Ordinary indefinite leave to remain can normally lapse where a person remains outside the UK for more than 2 continuous years.

A person whose ILR has lapsed may need to apply as a Returning Resident if they wish to resume settlement in the UK.

British Citizenship After Domestic Abuse ILR

Obtaining settlement does not automatically make a person British.

An applicant who is not married to or in a civil partnership with a British citizen will normally need to have been free from immigration time restrictions for at least 12 months before applying to naturalise.

A person who remains married to or in a civil partnership with a British citizen may potentially apply without waiting 12 months after receiving ILR, provided they meet the separate requirements for naturalisation as the spouse or civil partner of a British citizen.

Nationality eligibility should therefore be assessed separately from the Appendix VDA application.

17. Frequently Asked Questions: Domestic Abuse ILR

Can I Get ILR if My Relationship Ended Because of Domestic Abuse?

Potentially. If you have, or were last granted, one of the immigration statuses specified in Appendix VDA and your relevant relationship broke down permanently because of domestic abuse, you may be able to obtain settlement without completing the normal 5-year or 10-year family qualifying period.

Do I Need a Police Report to Apply for Domestic Abuse ILR?

No. There is no requirement to report domestic abuse to the police before applying under Appendix VDA. Police evidence can be useful where it exists, but the application must be considered on all the evidence available. The absence of police involvement is not by itself evidence that domestic abuse did not occur.

Does Domestic Abuse Have to Involve Physical Violence?

No. Domestic abuse can include psychological, emotional, sexual or economic abuse, threats, controlling behaviour and coercive behaviour. Physical violence is not required. Immigration-related threats, isolation and financial control can also be relevant.

Can I Apply if My Partner's Family Abused Me?

Potentially. The perpetrator does not necessarily need to be your sponsoring partner. Abuse by an in-law or another family member can qualify where it caused your relationship with your sponsoring partner or parent to break down permanently.

Can I Get Domestic Abuse ILR if My Visa Has Expired?

Potentially. Appendix VDA can apply where your last immigration permission was in a qualifying category even if that permission has subsequently expired. Your complete immigration history should be checked because the most recent grant of permission is critical to eligibility.

Can a Skilled Worker or Student Dependant Get Domestic Abuse ILR?

Not solely because they hold dependant permission. Certain work and Student dependants can qualify for temporary permission through the MVDAC, but work or Student dependant status does not itself normally provide eligibility for immediate settlement under Appendix VDA. Another immigration route may therefore need to be considered.

What Is the Migrant Victims of Domestic Abuse Concession?

The MVDAC gives certain eligible victims three months’ independent immigration permission, permission to work and the opportunity to access public funds if otherwise eligible. It can provide a period of safety while the person applies for Appendix VDA settlement, another immigration route or makes arrangements to leave the UK.

Can I Apply for ILR if I Was Abandoned Outside the UK?

Potentially. Appendix VDA permits qualifying victims of transnational abandonment to apply from overseas where they previously had the required immigration status, were physically present in the UK before being abandoned and meet the other requirements of the route.

Can My Children Get Settlement With Me?

Qualifying dependent children can apply with a parent who is applying under Appendix VDA or after the parent has obtained settlement. Children aged 18 or over may remain dependants where they were last granted permission as dependent children and are not leading independent lives.

Can an Adult Child Apply for Domestic Abuse ILR in Their Own Right?

Yes, in appropriate circumstances. From 8 October 2026, a person aged 18 or over who was last granted permission as a child in one of the qualifying Appendix VDA categories can apply as a main applicant where the relevant relationship has broken down permanently because of domestic abuse.

Do I Need to Pass the Life in the UK Test for Domestic Abuse ILR?

No. Appendix VDA does not require an applicant to pass the Life in the UK Test or satisfy a separate English-language requirement before obtaining settlement.

How Much Does a Domestic Abuse ILR Application Cost?

As at 24 October 2026, the application fee is £3,226 per person. A fee waiver can be available where the applicant cannot afford the fee, including where they are homeless, cannot meet essential living costs or payment would adversely affect a child’s wellbeing.

18. How Our Immigration Barristers Can Help

Applications for settlement following domestic abuse frequently involve both complex immigration history and highly sensitive evidence.

A strong application should identify the correct legal route, establish qualifying immigration status, explain how the relevant relationship broke down and present the evidence of domestic abuse in a clear and appropriately structured way.

Our immigration barristers advise individuals and families on all aspects of Appendix VDA and the Migrant Victims of Domestic Abuse Concession.

Assessing Eligibility for Appendix VDA

We can review your immigration history and advise on:

  • whether your current or previous immigration permission falls within Appendix VDA;
  • whether you qualify as a partner or adult child;
  • the effect of expired permission or overstaying;
  • whether section 3C leave applies;
  • whether EU Settlement Scheme status is relevant;
  • the position of your children; and
  • whether an alternative immigration route should be considered.

This can be particularly important where an applicant has changed immigration categories or where MVDAC eligibility and Appendix VDA eligibility are different.

Presenting Evidence of Domestic Abuse

There is no single prescribed form of evidence for an Appendix VDA application.

We can advise on the evidence available in your particular circumstances and help present it by reference to the correct legal test.

This may include reviewing:

  • police and criminal justice records;
  • Family Court documents;
  • medical evidence;
  • evidence from refuges and support organisations;
  • local authority and social-services material;
  • financial evidence;
  • electronic communications;
  • witness evidence; and
  • your own detailed account of the relationship and abuse.

Where documentary evidence is limited, we can explain why evidence may not have been available and ensure that the application addresses the circumstances in which the abuse occurred.

MVDAC, Public Funds and Urgent Immigration Status

Where immediate immigration independence or financial support is required, we can advise on eligibility for the Migrant Victims of Domestic Abuse Concession.

We can consider:

  • whether MVDAC applies;
  • the effect on existing immigration permission;
  • access to public funds;
  • the three-month immigration period;
  • whether Appendix VDA settlement is available; and
  • alternative immigration applications where domestic abuse settlement is not available.

Preparing Applications and Challenging Refusals

Where an applicant qualifies, we can prepare the Appendix VDA application, supporting evidence and detailed legal representations.

We also advise victims who have been abandoned outside the UK and require entry clearance for settlement.

If an application is refused, we can review the decision and advise on Administrative Review, a fresh application or Judicial Review where appropriate.

19. Contact Richmond Chambers Immigration Barristers

Our immigration barristers are approachable, responsive and proactive, providing sensitive, clear and practical advice to individuals whose relationships have broken down because of domestic abuse.

For expert advice and assistance with an application for indefinite leave to remain as a victim of domestic abuse, contact Richmond Chambers Immigration Barristers on 0203 617 9173 or complete our online enquiry form.

Spouse Visa

We advise spouses of British and settled persons on initial applications, extensions and settlement, including cases where relationship circumstances or immigration history are complex.

Civil Partner Visa

Our barristers assist civil partners with applications under Appendix FM, including relationship, financial and accommodation requirements and progression to settlement.

Unmarried Partner Visa

We advise unmarried partners on Family Visa applications and the evidence required to establish a qualifying genuine and subsisting relationship.

Family Settlement

Partners, parents and children may qualify for indefinite leave to remain through the 5-year or 10-year family routes. We advise on qualifying periods, relationship requirements, finances, residence and settlement strategy.

Bereaved Partner ILR

A qualifying partner whose British or settled partner has died may be eligible for settlement without completing the normal partner qualifying period. We advise on eligibility and the evidence required.

EU Settlement Scheme

We advise EU, EEA and Swiss citizens and their family members on settled and pre-settled status, retained rights and the interaction between Appendix EU and other immigration routes.

Human Rights Applications

Where Appendix VDA is not available, an applicant may have another basis to remain in the UK under family life, private life or human rights provisions. We advise on the appropriate immigration route and supporting evidence.

Administrative Review

A person whose Appendix VDA application has been refused can apply for Administrative Review where the decision is affected by a caseworking error. We advise on prospects and prepare detailed grounds of review.

Immigration Judicial Review

Where an immigration decision is arguably unlawful and there is no adequate alternative remedy, we advise on Judicial Review proceedings and pre-action correspondence.

Returning Resident Applications

A person whose previous indefinite leave has lapsed after an extended period outside the UK may be able to return for settlement as a Returning Resident. We advise on continuing ties and the evidence required

British Citizenship by Naturalisation

Following a grant of settlement, we advise on eligibility to naturalise as a British citizen, including residence, absences, good character and the correct timing of an application.

WHAT CAN WE HELP YOU WITH?

To discuss your application for ILR under Appendix Victim of Domestic Abuse with one of our immigration barristers, contact our personal immigration team on 0203 617 9173 or complete our enquiry form below.

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