If your relationship has broken down because of domestic abuse and your immigration status depended on that relationship, you may be able to apply for indefinite leave to remain (settlement) in the UK. The rules sit in Appendix Victim of Domestic Abuse (Appendix VDA), which replaced the earlier domestic violence settlement rules on 31 January 2024. This guide explains who actually qualifies, the crucial difference between the settlement route and the Migrant Victims of Domestic Abuse Concession, the evidence you need, the fee, how long it takes, and what to do if you are refused.
Immigration Rights for Domestic Abuse Survivors in the UK
UK immigration law recognises that a person whose right to stay depended on a relationship should not be forced to choose between an abusive partner and their immigration status. The domestic abuse settlement route lets eligible victims apply for indefinite leave to remain in their own right, without the sponsoring partner. Since 31 January 2024 the rules have been set out in Appendix VDA, and a separate short-term concession, the Migrant Victims of Domestic Abuse Concession (MVDAC), provides immediate breathing space while an application is prepared.
The single most important point to get right is eligibility. The settlement route is open to a defined group of partners, and getting that wrong can lead someone to make the wrong application at the worst possible moment. The sections below set out exactly who qualifies, how the concession differs from settlement, and the practical steps that follow.
You can apply for indefinite leave to remain as a victim of domestic abuse if you are, or were last granted leave as, the partner of a British citizen, a settled person, a refugee, or certain armed forces members. Partners on work or student routes do not qualify for this settlement route, though some may access the MVDAC concession for short-term support.
Who Qualifies Under Appendix VDA
Appendix VDA settlement is not open to every migrant whose relationship has ended in abuse. It is limited to people whose immigration route was one that leads to settlement in its own right. You may qualify if you currently hold, or were last granted, permission as one of the following.
- Partner, under Appendix FM, of a British citizen or a person settled in the UK
- Spouse, civil partner or durable partner under Appendix EU with pre-settled status
- Partner of a refugee under Appendix FM, Part 11 or Family Reunion
- Partner of a member of HM Armed Forces under Appendix Armed Forces or Part 7
- A person granted leave under the Migrant Victims of Domestic Abuse Concession
Who is not eligible for the settlement route
Partners and dependants on work and student routes are not eligible to settle under Appendix VDA. This is a common and important misunderstanding: a dependant of a Skilled Worker, Global Talent, Student or Graduate visa holder cannot use this route to indefinite leave to remain, even where domestic abuse is clearly established. The reason is that these routes do not themselves lead to settlement through the partner relationship, so there is no settled expectation for the domestic abuse rules to protect. Where a person is not eligible for settlement, other immigration options may still exist, and specialist advice is important before making any application.
The MVDAC Concession Versus Settlement
The Migrant Victims of Domestic Abuse Concession is a separate and wider scheme, and confusing it with the settlement route is the most frequent source of error. The concession grants three months of temporary permission to stay, with access to public funds, so that a victim can leave an abusive home, access support and prepare their case without being destitute.
The concession is broader than settlement. Some people can obtain MVDAC who cannot then apply for indefinite leave to remain. Being granted the concession does not guarantee eligibility for settlement — the two schemes have different tests. Always confirm which route genuinely applies before relying on either.
In practice, many victims apply for MVDAC first to stabilise their situation, then apply for settlement only if they fall within one of the eligible partner categories above. For those who do not, MVDAC still provides vital short-term protection and access to benefits and housing support while other options are explored.
Transnational Marriage Abandonment and Applying From Abroad
One genuine expansion of protection concerns transnational marriage abandonment, where an abuser deliberately strands a visa-dependent partner overseas, often without money or documents, to prevent their return to the UK. Following the High Court's ruling in AM v SSHD [2022], this is recognised as a distinct form of domestic abuse, and victims can apply for settlement from outside the UK rather than having to return first.
The court found that excluding abandoned victims created unjustifiable discrimination contrary to Article 14 of the European Convention on Human Rights. For out-of-country applicants the evidence standard is lower than for in-country cases — a reasonable degree of likelihood that the account is true, rather than the balance of probabilities — reflecting how difficult it is to gather evidence when stranded abroad.
What Counts as Domestic Abuse and the Evidence You Need
The Domestic Abuse Act 2021 defines domestic abuse broadly, well beyond physical violence. Appendix VDA reflects that definition, so the abuse that ended your relationship can take several forms.
- Physical abuse — violence, assault or threats of physical harm
- Psychological and emotional abuse — intimidation, degradation and manipulation
- Sexual abuse — non-consensual activity, coercion and reproductive control
- Economic abuse — controlling money, preventing access to funds, debt coercion
- Coercive control — a pattern of behaviour designed to isolate and dominate
- Immigration-related abuse — threatening deportation, withholding a passport, or lying about someone's immigration rights
How the Home Office weighs your evidence
Caseworkers assess the evidence "in the round" — looking at everything together rather than demanding one particular document. This flexible approach recognises that many victims never reported the abuse or accessed formal support. Stronger evidence includes criminal convictions, cautions, court orders, MARAC referrals and letters from professional support services. Police reports without charges, medical records and personal statements carry weight as part of a wider picture. Combining several types of evidence into a clear account of the abuse and the relationship breakdown gives the strongest application.
Applying: the SET(DV) Form, Fee and Processing Time
In-country settlement applications are made on the SET(DV) form through the online portal, followed by a biometrics appointment. The current application fee is £3,226 per person. There is no Immigration Health Surcharge on a settlement application. Fee waivers are available where you cannot afford the fee — for example if you would otherwise be homeless, unable to afford essentials, or where paying would harm a child's wellbeing — which matters because economic abuse so often accompanies other forms of domestic abuse.
Plan for the wait. There is no priority or super-priority service for domestic abuse settlement applications, and decisions commonly take around six months. If your existing leave is due to expire, applying in time preserves your status under section 3C of the Immigration Act 1971 while the Home Office decides.
If Your Application Is Refused
A refusal is not necessarily the end of the road. Because this is a settlement application rather than a human rights claim, there is no full right of appeal to the tribunal; instead the main challenge route is administrative review, which must usually be requested within 14 days of the decision. Administrative review looks for a caseworker error in applying the rules rather than re-arguing the merits.
Where administrative review is not appropriate, a fresh application with stronger evidence is often the better course, and judicial review may be available in limited circumstances where the decision was unlawful. Because the deadlines are short and the strategy depends on the exact refusal reasons, it is worth taking specialist advice quickly after any refusal.
Frequently Asked Questions
Can I get settlement as a domestic abuse victim if I am on a Skilled Worker dependant visa?
No. The Appendix VDA settlement route is limited to partners of British citizens, settled persons, refugees and certain armed forces members. Dependants of Skilled Worker, Global Talent, Student and Graduate visa holders are not eligible for this route to indefinite leave to remain, though the MVDAC concession or other immigration options may be relevant. Take specialist advice on your situation.
What is the difference between MVDAC and settlement?
MVDAC is a three-month concession giving temporary permission to stay and access to public funds so a victim can leave an abusive relationship safely. Settlement (indefinite leave to remain) is permanent status. MVDAC is broader — some people who get the concession cannot go on to qualify for settlement, so the two must not be treated as the same thing.
What is transnational marriage abandonment and can I apply from outside the UK?
It is where an abuser deliberately strands a visa-dependent partner overseas to stop them returning to the UK. Following AM v SSHD [2022], this is recognised as domestic abuse and victims can apply for settlement from outside the UK, with a lower evidence standard than in-country applicants because gathering evidence from abroad is harder.
What evidence do I need for a domestic abuse settlement application?
The Home Office assesses evidence "in the round," so no single document is required. Strong evidence includes criminal convictions, cautions, court orders, MARAC referrals and professional support letters. Police reports without charges, medical records and personal statements also count. Several types combined into a clear account of the abuse and the relationship breakdown give the best result.
How much does a SET(DV) application cost and is a fee waiver available?
The current fee is £3,226 per person, with no Immigration Health Surcharge on a settlement application. Fee waivers are available where you cannot afford the fee — for instance if you would otherwise be homeless or unable to afford essentials — recognising that economic abuse often forms part of the wider abuse.
How long does a domestic abuse settlement application take?
Decisions commonly take around six months, and there is no priority service for these applications. If your current leave is close to expiring, applying before it ends preserves your status while the Home Office considers your case.
Can my children be included in the application?
Yes. Children can be included where they are dependants of the victim, and the Domestic Abuse Act 2021 treats children who experience the effects of abuse in the household as victims in their own right. Requirements differ by age, so check how the rules apply to each child before applying.
What can I do if my application is refused?
You can usually request administrative review within 14 days, which looks for a caseworker error rather than re-arguing the merits. A fresh application with stronger evidence is often the better route, and judicial review may be possible in limited circumstances. Because deadlines are short, seek specialist advice quickly.
Clear advice on whether the settlement route or the MVDAC concession applies to your particular immigration situation
Specialist help for victims stranded overseas, including out-of-country applications and reuniting safely with your children
Support building your evidence and challenging a refusal quickly, through administrative review or a fresh application
Getting the right route first time protects your status and your safety, so speak to the immigration team at Connaught Law before you apply or respond to a refusal.
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