You may be able to apply for indefinite leave to remain (ILR) after domestic abuse if you have, or last had, permission in a qualifying relationship category and that relationship permanently broke down because of the abuse. Check your actual immigration grant before choosing a form: temporary support under the Migrant Victims of Domestic Abuse Concession (MVDAC) has different eligibility from settlement.
If you are in immediate danger in the UK, call 999. A domestic abuse support service can help you consider safe accommodation and contact arrangements while an immigration adviser checks your options. Do not put yourself at risk to obtain documents. This is independent general information, not legal advice or a decision on your eligibility.
Check the permission you actually held
Start with your Home Office grant letter and immigration history, rather than your partner's nationality alone. Appendix Victim of Domestic Abuse sets out the qualifying categories. These include specified family partner and child grants, relevant EU Settlement Scheme family permission, refugee family categories and armed forces family categories. The adult applicant must be at least 18, and the relevant relationship must have permanently broken down as a result of domestic abuse.
The words “have, or have last been granted” matter if permission has expired. They do not make every previous family visa sufficient. Identify the exact category and any later grant or change of route, and ask an adviser to match that history to the current rules. A fiancé or proposed civil partner grant is excluded from the relevant partner categories. The application must also meet validity and suitability requirements; establishing a qualifying relationship category alone does not secure a grant.
For a partner application, record who sponsored the permission and what status they held. If the case concerns abuse by a parent or a parent's partner, check the adult-child provisions instead of assuming the partner test applies. An EU Settlement Scheme case also needs a check of the precise family permission and any alternative route under Appendix EU.
A person applying overseas must have been abandoned outside the UK and previously been physically present in the UK. That is a distinct entry clearance process, not a general option to leave the UK and complete an in-country application from abroad.
Temporary support does not settle the ILR question
The MVDAC can provide eligible victims in the UK with three months' temporary permission and access to public funds, subject to benefit eligibility. Its scope is wider than the settlement route and includes some dependent partners on work or study routes. Being granted the concession does not mean you meet Appendix VDA or that a later application will succeed.
Read the current MVDAC guidance with an adviser before relying on it. A grant normally replaces other permission you hold; the guidance makes a specific exception for retained pre-settled status. For someone without that protected status, the temporary period requires a further immigration decision before it ends, such as an eligible settlement application or another application for permission. It is not an automatic extension until you feel ready.
Separate the immediate question, “What support and independent status can I obtain?”, from “Which route can I use to stay longer?”. This distinction is particularly useful for a work or student dependant. It also prevents someone whose visa is already independent of the abusive person from assuming the concession is their only option.
Explain the breakdown without treating evidence as a shopping list
Domestic abuse can involve emotional, psychological, sexual or financial abuse, as well as physical violence and controlling behaviour. The application needs to explain how the abuse caused the relevant relationship to break down permanently.
GOV.UK asks for a statement about your circumstances and says you should include supporting evidence if you have it. You can apply without supporting records, but the decision-maker still assesses whether the requirements are met. The Home Office evidence guidance says lack of police involvement, prosecution or a conviction is not an adverse factor in itself. It considers evidence in the round, including limitations caused by trauma or how other people recorded events.
An evidence index can make available records easier to understand:
- Write the chronology. Set out the relationship, relevant permission, incidents or patterns of abuse, and how the relationship ended. Label approximate dates as approximate.
- Connect records to events. Identify what a medical record, support-service letter, message, financial record or witness account actually shows. An item that confirms an address may not explain the abuse.
- Explain gaps and differences. If an official record has an incorrect date, or an earlier disclosure omitted something, describe the discrepancy honestly. Do not rewrite the original record.
- Keep the source visible. Give each item a short description, date and page reference. Distinguish a witness's direct observations from information you told them.
This is an organising method, not a mandatory Home Office document list. Use records you can access safely. A support worker or adviser can help explain why relevant material is unavailable; returning to an unsafe home to complete a bundle is not a sensible preparation step.
Use the correct application and check each child's position
The official domestic abuse settlement guide links to the online application for your location. In-country settlement uses SET(DV); an eligible person abandoned overseas uses the specified entry clearance process. Check the current form's identity and biometric instructions, and the fee or fee-waiver requirements, before submitting.
The published application fee is £3,226 per person unless you qualify for a waiver. GOV.UK describes waiver circumstances including inability to afford accommodation or essential living costs, or very low income where paying would harm a child's wellbeing. Prepare evidence of your actual financial circumstances rather than assuming a concession grant also decides the fee. Biometrics carry no fee; the usual decision expectation is within six months of providing fingerprints and a photo. This is not a guaranteed deadline.
Children need their own eligibility check. Appendix VDA refers to relationship, care, age and independent-life requirements in Appendix Children; a parent's application does not automatically settle every child. Eligible children may apply with the parent or later. In-country forms can include eligible children, while overseas applications require a separate application for each child travelling with you. Confirm which process fits each child's history before paying or submitting.
Plan safe contact and the waiting period
Tell your adviser or support worker if someone else controls your email, phone, post or UKVI account. Agree how application messages and appointment details can reach you safely. The official concession guidance addresses secure access to UKVI accounts; do not assume an account is private simply because it is in your name.
Keep a copy of the submitted form, reference number and instructions for evidence or biometrics. Check official messages for outstanding actions and respond through the correct application channel. Where a current visa is still valid, GOV.UK says to apply as soon as possible after the breakdown rather than waiting for it to expire.
Moving to safe accommodation within the UK is a different issue from travelling abroad. Departure from the Common Travel Area while an ordinary in-country settlement application is undecided can cause it to be treated as withdrawn. Before arranging any international journey, read our guide to travel while an ILR application is pending and get advice on your current permission and itinerary. An overseas abandonment application and travel after submitting SET(DV) should not be confused.
Which decision needs individual advice next?
Urgent accommodation, temporary support and a long-term immigration application can have different requirements and timing. Someone with substantial unexpired permission may need to understand the effect of a concession grant before applying; someone whose permission is ending may need an urgent assessment of the next application. Pre-settled status introduces a further distinction because the guidance preserves it alongside concession permission.
Your next decision turns on how your actual permission, support needs and safe contact arrangements fit together. Bring those facts to a regulated immigration adviser and a domestic abuse support service. Ask which decision must be made first, which deadline applies to you, and what happens if evidence or an appointment cannot be obtained safely. Those answers depend on your circumstances; a generic checklist cannot choose between the routes for you.
Frequently asked questions
Do I have to wait five years before applying for domestic abuse ILR?
This route has its own requirements rather than the ordinary five-year partner settlement timetable. GOV.UK says to apply as soon as possible after the relationship breaks down and not to wait for a current visa to expire. The key checks are your qualifying permission and whether the relevant relationship permanently ended because of domestic abuse. Do not use a general five-year eligibility calculator to decide this application; match your grant history to Appendix VDA first.
Can emotional or financial abuse qualify without physical violence?
Domestic abuse is not limited to physical injury. The official guide includes emotional, psychological, sexual and financial abuse, together with threatening or controlling behaviour. For settlement, the evidence must address the relevant relationship's permanent breakdown because of the abuse as well as your immigration category. A factual account can explain a pattern of control and its effects without photographs of injuries. An adviser can help identify which available records support that account and where further explanation is needed.
Can I apply if I never reported the abuse to the police?
You can apply without a police report or a criminal conviction. Home Office guidance says their absence is not an adverse factor in itself, and GOV.UK allows an application without supporting evidence. That does not remove the need to establish the immigration and relationship requirements. Describe your circumstances clearly and include relevant records available to you, such as medical or support-service material. Explain missing evidence honestly and ask for help obtaining records safely rather than treating police reporting as an application prerequisite.
Does approval under MVDAC mean I will get ILR?
No. MVDAC provides temporary permission and the ability to seek eligible support; Appendix VDA decides settlement under a separate set of requirements. Some people can qualify for the concession without qualifying for domestic abuse ILR. A concession grant can also change existing permission, with special treatment for retained pre-settled status. Before the temporary period ends, check the appropriate next immigration step with an adviser. Keep the concession decision and settlement application records separate so you can identify what has actually been granted.
Can my children apply for settlement with me?
Eligible children can apply at the same time as their parent or later, but their eligibility must be assessed separately. Appendix VDA uses the relationship, care, age and independent-life requirements in Appendix Children. Check each child's permission history and circumstances rather than assuming everyone on the family visa qualifies. An in-country application can include eligible children; an overseas process needs a separate application for each child coming with you. Ask your adviser to confirm the correct forms and financial arrangements before submission.
Can I apply from abroad after my partner abandoned me?
There is an overseas route for an eligible applicant who was abandoned outside the UK and had previously been physically present in the UK. It requires entry clearance through the specified process before arrival. It is different from leaving the UK while an in-country settlement application is pending, which can withdraw that application. Explain your permission history, how you left and the circumstances of the abandonment to an adviser. Do not assume an ordinary return flight or an old immigration document resolves the entry requirements.
