Domestic Violence Visa

Applying for a Domestic Violence Visa in the UK

Victims of Domestic Violence can apply for indefinite leave to remain (ILR) in the UK if they can show they have been subjected to 'domestic abuse' whilst on a UK partner visa route (spouse, civil partners, unmarried and same sex partners), their relationship has ended, and their partner is a British citizen, has ILR, settled or pre-settled status or is a refugee.

Domestic abuse includes both mental and physical harm and covers situations where the victim is controlled, restricted in carrying out their lives or exploited in their personal and financial affairs.

Another family member such as a child may be used by the perpetrator to exploit the abused.

The immigration domestic violence visa covers a wide area of abuse and the legal threshold to prove it is on the balance of probabilities.

According to the Crime Survey for England and Wales, cited by the Office for National Statistics for the year ending March 2024, there were 851,062 domestic abuse crimes leading to 51,182 criminal prosecutions. There are no statistics relating solely to immigration domestic violence cases. 

Those within the UK they can apply to remain for up to 3 months and receive public benefits to cover living costs for this period through the Domestic Abuse Concession (formerly the Destitute Domestic Violence Concession), which is a separate process to the Domestic Violence ILR visa.

If granted indefinite leave to remain as a victim of Domestic Violence the applicant can claim public benefits, work without restriction, study, vote and, in due course, apply to become a British citizen hopefully gaining the opportunity to rebuild their life in the UK without having to worry about their visa status.

This category recognises that individuals should not be penalised nor feel obligated to remain in an abusive relationship.

If you need help in applying for a Domestic Violence Visa contact us for advice.

It is important to evaluate your case. You do not necessarily need to show the perpetrator has come to the attention of the police or courts.

It is possible for a victim of immigration domestic violence to be unware of their rights due to their personal situation.

Our team have decades of experience dealing with these type of sensitive and challenging cases.

Domestic violence visa application process

The Domestic Violence ILR application process requires an individual to:

• • • complete an online form
    • provide biometrics
    • supply supporting documentation
    • pay the appropriate fee of £3029

A fee waiver to cover the application fee can be made for the Domestic Violence UK Visa irrespective of the applicant's location.

The standard processing time is 6 months and there are no Priority or Super Priority Services available for this type of application. 

Domestic violence visa UK requirements

An applicant must make a valid Immigration Domestic Violence Visa application and meet the suitability requirements (i.e. should not have criminal convictions themselves). 

The Immigration Domestic Violence rules requires an individual to show their relationship broke down due to domestic abuse.

An applicant applying for a domestic violence visa needs to be a spouse, civil partner, or unmarried partner of a: 

• • a British citizen or person who has ILR
  • an individual with pre-settled or settled status through the EU Settlement Scheme
  • a member of the armed services with 4 years service
  • a person with refugee status.

A person who has been 'abandoned' outside the UK, may also be able to apply for a domestic violence visa from overseas.

The Home Office will check to see whether there was a relationship between the parties to the relationship. This can be more problematic where the relationship did not last long or the parties cannot show they lived together from the outset. 

The legal definition of domestic abuse is contained in the Domestic Abuse Act 2021 and can be summarised as follows:

"one person's behaviour to another aged 16 or over irrespective of gender or sexual orientation, are personally connected and includes abuse at another person such as a child and involves at least one incident or more."

The behaviour's listed are:

• • • physical or sexual abuse
    • violent or threatening behaviour
    • controlling or coercive behaviour
    • economic abuse
    • psychological, emotional or other abuse.

These type of behaviours cover a wide area of actions including:

• • • assault
    • rape 
    • intimidation
    • verbal abuse
    • deprivation of personal support
    • overseeing the abused's daily life
    • use of intimidation, humiliation and threatening behaviour
    • phone calls, texts, letters, online abuse through social platforms or email and following, harassing and stalking.

Controlling behaviour can include taking advantage of the abused's financial position through controlling their finances. This can be done by restricting their access to funds, moving or concealing their money, or otherwise freely spending it.

Disputes relating to family transactions can also lead to abuse, for example, through dowry disputes.

Other forms of controlling behaviour are where the abused finds they are denied the ability to go about their daily lives as their movements are questioned, monitored or restricted.

Coercive behaviour involves forcing the abused to take actions not of their own choosing through a pattern of behaviours including threats, violence, intimidation, humiliation etc. It is not uncommon for the perpetrator to use the visa process as a means of coercing the abused.

Victims of immigration domestic violence are vulnerable as they are in a foreign country, perhaps with no relatives or friends; their financial means may be controlled. They may not fully appreciate at first that they are being manipulated and they may be unaware of their rights.

Mental abuse is treated on an equal footing to physical abuse and it is possible for the claim to include one or both elements.

There is no set list of documentation to produce for a domestic violence visa application. Greater weight is attached to official evidence, e.g. from a court or the police, but the evidence required in any given case will depend on the circumstances.

Support and advice for victims of domestic violence

If you are undergoing domestic violence it is important to get assistance.

You should consider confiding in a friend or family member that you can trust or contacting your local GP for assistance.

There are a number of organisations which provide support as listed below.

Depending on the situation you should consider approaching the police or social services.

If you are concerned about your immigration status you can contact us for advice.

Ensuring your application meets all necessary requirements and documentation

We understand domestic violence visa cases are sensitive. We have assisted individuals who have found themselves in this position and helped secure positive outcomes.

Our lawyers have represented clients with immigration violence visa cases for many years including in court.

We understand the importance of listening to you at the outset and we will work with you to ensure the full evidence is obtained to maximise your prospects of success for a successful immigration domestic violence visa outcome. This may involved approaching third parties to obtain supporting documentation.

Domestic abuse are fact sensitive and can be traumatic. It is important to set out the case facts and provide the best possible supporting evidence to substantiate your case to avoid having the case rejected.

Domestic Abuse Concession

The Domestic Abuse Concession is available for those who are undergoing domestic violence and require refuge and financial support to enable them to live apart from the perpetrator.

Those eligible to apply include not only those on partner routes which lead to settlement, but also those on temporary visa routes such as fiance/proposed civil partners, work and student visa routes.

It enables the victim of the domestic violence to stay in the UK with permission for 3 months and to receive public benefits to provide them time with breathing space to consider their options.

There is no charge to make an application through the Domestic Abuse Concession but a form must be completed and sent to the Home Office. The Home Office will then consider the application and if granted it enables the individual to make an application for public benefits to the appropriate agencies. 

Having a positive Domestic Abuse Concession outcome does not mean that an Immigration Domestic Violence application will necessarily be successful.

Those on temporary immigration routes cannot apply for the Domestic Violence ILR visa as this relates only to partner routes.

Evidence of domestic violence

The Domestic Violence ILR application does not prescribe any set of documents and will depend on the individual circumstances of the case. The Home Office set out a list of useful documents and what weight will be attached depends on the type of document and what it states.

A victim of abuse who intends to apply for an Immigration Domestic Violence visa should not be deterred from applying if they have minimal or no evidence but obviously the less documentation the more difficult it will be to substantiate the case. 

• • • Criminal conviction
    • Police caution
    • Civil court order
    • Multi Agency Risk Assessment Conference
    • Crown Prosecution Charge
    • Domestic Violence Protection Order
    • Female Genital Protection Order
    • Forced Marriage Order
    • Prohibited Steps Order
    • Social Services letter
    • Various risk orders
    • Witness statements
    • Arrest documentation
    • Various civil court orders
    • Police reports
    • Medical reports
    • Letter form an official agency
    • Emails, texts photos, letters and statements.

Children in domestic violence cases

Children can also apply for indefinite leave to remain through the domestic violence route. 

The child will need to show their relationship to the victim of domestic violence, a care requirement, and they must not be living an independent life.

About the authors

David Robinson and Evan Remedios have both specialised in the field of immigration law for more than 30 years, providing legal representation in immigration and nationality matters, including before the immigration courts. 

We are recommended as experts in our field by the Legal 500.