How to Apply for Leave to Remain as a Victim of Domestic Violence in the UK

If your relationship has broken down because of abuse, you may be able to apply for leave to remain as a victim of domestic violence. This route allows you to gain independence and stay in the UK permanently without relying on your partner’s visa status.

Victims of domestic abuse deserve safety, security, and a chance to rebuild their lives. The Home Office recognises this, offering a pathway to Indefinite Leave to Remain (ILR) for those who meet the requirements.

If you need help, call our immigration solicitors in Manchester today on 0161 464 4140 or book an appointment. Our team can guide you through the process with care and confidentiality.

What Is Leave to Remain for Victims of Domestic Violence?

This is a special immigration route designed for people whose relationship with their partner or spouse has ended because of domestic abuse.

If your visa was based on your partner’s immigration status, you can apply for Indefinite Leave to Remain (ILR) to stay in the UK permanently and live independently. Once granted, ILR allows you to:

• Live and work in the UK without restrictions
• Study freely or start your own business
• Access the NHS for healthcare
• Apply for benefits if eligible
• Later apply for British citizenship

You can learn more about settlement rights on our page about ILR and other UK Visas & Immigration Services.

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

To qualify for ILR as a victim of domestic violence, you must show that:

• You were granted a UK visa as a spouse, civil partner, unmarried partner, or under the Victim of Domestic Violence Concession.
• Your relationship has permanently broken down due to domestic abuse by your partner or their family.
• Your partner is or was one of the following:
  • A British citizen
  • Someone with settled status (ILR or refugee status)
  • A member of the UK armed forces with at least four years of service

You must be physically present in the UK when applying.

The Home Office will assess your application carefully. It’s essential to provide strong evidence that the relationship ended because of domestic abuse.

What Counts as Domestic Violence?

Domestic violence covers more than physical abuse. The Home Office defines it as any incident of threatening behaviour, violence, or abuse between adults in an intimate relationship or family setting.

This includes:

• Physical violence
• Sexual assault
• Emotional or psychological abuse
• Financial control or exploitation
• Coercive or controlling behaviour
• Threats or intimidation

For example, a partner restricting your money, isolating you from family, or threatening your immigration status may count as abuse.

If you are in immediate danger, contact the police or seek support through the NHS and domestic abuse charities.

Including Children in Your ILR Application

You may be able to include your dependent children on your ILR application if:

• They’re under 18
• They live with you
• You have sole responsibility or their other parent is deceased

If your children were part of your partner visa, you’ll need to show they can be supported without public funds.

The Home Office reviews child applications carefully, so providing proof of living arrangements and care responsibilities is important.

How to Apply for Leave to Remain as a Victim of Domestic Violence

The application is made using the SET(DV) form. Here’s how the process works:

Step 1 – Gather Your Evidence

You’ll need documents proving your relationship and that it ended due to domestic violence. Evidence can include:

• Police or court reports
• Letters from domestic abuse support organisations
• Medical reports or hospital letters
• Witness statements from social workers or friends
• Proof of previous visa or marriage certificate

Step 2 – Complete the Application

Apply online via the UKVI website using the SET(DV) form.

Step 3 – Submit Biometric Information

You’ll be asked to provide fingerprints and a photograph at a UK Visa and Citizenship Application Services (UKVCAS) centre.

Step 4 – Wait for a Decision

Most applicants receive a decision within 6 months. During this time, you’re not required to live with your abuser.

Victim of Domestic Violence Concession

If your partner has withdrawn support or your visa is at risk of expiry, you may be eligible for the Victim of Domestic Violence (DDV) Concession.

This temporary 3 month permission allows you to:

• Stay lawfully in the UK
• Access benefits or housing support
• Prepare your ILR application

However, if you reconcile with your partner after applying for the concession, you may no longer qualify for ILR on this route.

Fees and Fee Waivers

The standard fee for applying for ILR as a victim of domestic violence is £3,029 per applicant.

You can request a fee waiver if you cannot afford the fee and can provide evidence that:

• You are homeless or at risk of homelessness
• You can’t meet essential living costs such as food or heating
• Paying the fee would harm your child’s wellbeing

Acceptable evidence may include:

• Recent bank statements
• Letters from your local authority or social services
• Support letters from charities or refuges

Fee waivers help ensure that victims of domestic violence are not disadvantaged because of financial hardship.

Do You Need to Take the Life in the UK or English Test?

Applicants under the domestic violence route do not need to take the Life in the UK Test or an English language test.

This is because the Home Office recognises the difficult and sensitive circumstances surrounding these cases.

After You’re Granted Indefinite Leave to Remain

Once your ILR is approved, you will:

• Have permanent residence in the UK
• Be free from immigration time limits
• Be able to work, study, or claim benefits
• Access the NHS and other public services
• Later apply for British citizenship, if eligible

If your relationship status changes or you move, you must still inform the Home Office.

Having ILR also means you can travel abroad freely, as long as you don’t stay outside the UK for more than two consecutive years.

How Immigration Solicitors in Manchester Can Help

Applying for ILR as a victim of domestic violence can feel overwhelming, especially when you’re dealing with the emotional impact of abuse.

Our experienced immigration solicitors in Manchester can:

• Review your eligibility and documents
• Help you complete the SET(DV) form correctly
• Support you in gathering evidence
• Request a fee waiver on your behalf if needed
• Liaise with the Home Office or UKVI on your application

You may also be entitled to legal aid, depending on your circumstances.

Contact Our Manchester Solicitors Today

If you are applying for leave to remain as a victim of domestic violence, our compassionate legal team can help.

Call 0161 464 4140 or book an appointment with our immigration solicitors in Manchester today. We’ll handle your case with care, confidentiality, and dedication to your safety and future.