Leaving an abusive relationship takes immense courage. For many migrants, that decision is made even more difficult by fear of losing immigration status or being forced to leave the UK. Recognising these risks, the Home Office introduced Appendix Victims of Domestic Abuse (VDA), a vital immigration route that allows certain victims to apply for Indefinite Leave to Remain (ILR) if their relationship has broken down due to domestic abuse.
What is Appendix VDA?
Appendix VDA was added to the Immigration Rules in January 2024, replacing the older SET (DV) process. It provides a permanent route to settlement for those who:
- Last held permission as a partner (spouse, civil partner or unmarried partner); and
- Whose relationship permanently ended as a result of domestic abuse.
Applicants must be in the UK at the time of the application, unless they have been victims of transnational marriage abandonment. Importantly, there is no minimum residence requirement, English language requirement or financial requirements that apply to other ILR routes.
Who can apply?
Applicants may be eligible if:
- They were last granted permission as a partner under Appendix FM, or other qualifying partner routes (e.g refugee family reunion, armed forces, EUSS); and
- Their relationship broke down due to domestic abuse; and
- They are currently in the UK (unless abandoned overseas under specific exceptions).
In certain cases, individuals who held leave as a dependent partner under protection-based routes or under the Migrant Victims of Domestic Abuse Concession (MVDAC) may also qualify.
*Note: Children under 18, or over 18 if they remain dependent and previously held leave as your child, can be included, provided they meet the relevant criteria under Appendix Children.
What Counts as Domestic Abuse?
The definition from the Domestic Abuse Act 2021 is used, which includes:
- Physical or sexual abuse
- Psychological or emotional abuse
- Economic abuse or control of finances
- Controlling or coercive behaviour
- Threats or intimidation
- Honour-based abuse and forced marriage
Abuse may come from your partner, or from others in their family, if it leads to the breakdown of your relationship.
You do not need to have reported the abuse to police. Evidence may include:
- Police, GP, or hospital reports;
- Letters from social workers, charities, or support organisations;
- Statements from friends or family; or
- A written statement from you.
The Migrant Victims of Domestic Abuse Concession (MVDAC)
If you are on a temporary partner visa and need urgent support, you may first apply under the Migrant Victims of Domestic Abuse Concession (MVDAC).
The benefits are as follows:
- Grants 3 months’ temporary leave with access to public funds
- Allows time to find safe accommodation, seek support, and prepare your ILR application under Appendix VDA
MVDAC is also available in certain cases to those who held leave as dependent partners under protection routes.
Fee Waiver for Victims in Financial Hardship
If you are destitute, you can apply for a fee waiver. You may qualify if you do not have adequate accommodation or resources, or you cannot meet essential living costs.
Why this route matters
Appendix VDA helps ensure that immigration dependency does not trap people in abusive relationships. It provides a clear legal pathway to safety and permanent status. The introduction of the MVDAC further strengthens this protection by ensuring that victims can access public funds and housing immediately, without risking destitution or deportation.
If your application is approved under Appendix VDA, you will receive ILR, giving you permanent permission to stay in the UK. You will have the right to live, work, study, and access public funds, with no visa renewals required. You may apply for British citizenship after 12 months.
If you or someone you know is experiencing domestic abuse and their visa depends on their partner, contact one of our experts to seek advice and assistance tailored to your circumstances.
