If you are experiencing domestic abuse, you deserve safety, dignity, and the freedom to rebuild your life. If your relationship has broken down because of domestic abuse, you may be able to apply for settlement in the UK under the domestic violence route for you and your children.

Domestic abuse can happen to anyone, men or women. The Home Office definition of domestic abuse applies regardless of gender or sexuality. In this blog, we focus on empowering women to understand their rights, because women can face specific barriers such as financial control and immigration dependence on a partner—however, support is available for male survivors too. Whatever your gender, it is vital to know your rights.

This route is designed to protect people whose immigration status depends on a partner relationship that has ended due to abuse.

Settlement (also called indefinite leave to remain) lets you stay in the UK permanently. It usually allows you to work and study, and you may be able to claim benefits if you are eligible. If you later meet the requirements, you can apply for British citizenship.

How the Home Office defines domestic abuse

The Home Office describes domestic abuse as:

“Any incident or pattern of incidents of controlling, coercive or threatening behavior, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members, regardless of gender or sexuality.”

• psychological
• physical
• sexual
• financial
• emotional

Eligibility: who can apply?

Your eligibility depends on your immigration history. Your current (or most recent) permission to stay in the UK must have been as the partner of:

• a British citizen
• a person with permission to settle in the UK permanently (indefinite leave to remain or indefinite leave to enter)
• a member of the UK armed forces who has served for at least 4 years
• a person with permission to stay in the UK as a refugee
• a person with settled status under the EU Settlement Scheme
• a citizen of the EU, Switzerland, Norway, Iceland or Liechtenstein with pre-settled status under the EU Settlement Scheme

If your partner has pre-settled status, they must also have been living in the UK by 31 December 2020.

If you have pre-settled status and your relationship has broken down due to domestic violence or abuse, you can also apply if either you had leave:

• as a spouse, civil partner or unmarried partner
• based on a retained right of residence because you used to have a spouse, civil partner or unmarried partner who was living in the UK by 31 December 2020

From 31 January 2024, transnational marriage abandonment has been formally recognised as a form of coercive control (and therefore domestic abuse). This means that partners and their dependent children who have been abandoned overseas may also be able to apply from outside the UK.

What evidence can support your application?

• police reports or crime reference numbers
• medical letters or hospital records
• letters from a refuge, domestic abuse support service, or social services
• injunctions, non-molestation orders, or other court documents (where relevant)
• statements from professionals who know your situation (for example, a GP, support worker, or counsellor)
• messages, emails, photos, or other records that help show the pattern of abuse

You do not have to go through this perfectly to be believed. If it is safe to do so, start gathering what you can and speak to a specialist who can help you present your case clearly.

Domestic Violence Concession (DVC)

The Domestic Violence Concession is a short period of permission (currently 3 months) for some victims of domestic abuse who are in certain partner visa categories. It can give you time to leave an abusive relationship safely and, if granted, may enable you to access benefits where you are eligible.

If you are granted the concession, you usually need to submit the right immigration application before it expires. Because eligibility can be technical, consider getting legal advice as early as you can.

Next steps (when you are ready)

1. Put your safety first. If you are in immediate danger, call 999.
2. Get confidential support from a specialist domestic abuse service or refuge.
3. Seek immigration advice from a qualified adviser/solicitor so you can understand the safest route for you and any children.
4. Gather and organise evidence (even a simple timeline of key incidents can help).
5. Submit the correct application as soon as you can, especially if your current permission is close to expiring.

Recent changes to be aware of 

From 26 March 2026: dependent children no longer need to meet the maintenance and accommodation requirements. Dependent children aged 18 or over also no longer need to meet the English language or Life in the UK requirements.

Empowering Through Knowledge

You don’t have to carry this alone. If you’re unsure what to do next, reach out for confidential support and get immigration advice as soon as you can—especially if your visa is close to expiring. A short conversation with a qualified adviser or solicitor can help you understand your options and your rights, so you can make an informed decision and take the safest next step for you and your children.

Our Immigration Solicitor, Misbah, has many years of experience supporting Domestic Abuse survivors to understand their rights and apply to settle in the UK.

For an initial free confidential consultation contact our Immigration Team on: ‘contact details’

Misbah Mohammed,

Immigration Solicitor