If you’ve been a victim of domestic abuse while in the UK on a family visa, you may be able to apply to Settle under the UK under Appendix Victim of Domestic Abuse. This provision within UK immigration law allows individuals who have been in a relationship with a sponsor (such as a spouse or partner) to apply for Indefinite Leave to Remain (ILR), independently of their abusive partner. Understanding the rules and requirements is key to successfully navigating this process. 

Requirements for Settlement as a Victim of Domestic Abuse 

To apply under Appendix Victim of Domestic Abuse, you must meet the following requirements: 

• You must have been in the UK on a family visa, for example Spouse, Civil Partner or Unmarried partner, at the time the abuse occurred. 
• Prior to the abuse, the relationship between the applicant and their sponsor mist have been genuine and subsisting. 
• The relationship must have broken down due to domestic violence, and this must have occurred whilst you have been in the UK. 
• You must be able to provide evidence that you were a victim of domestic abuse, which can include: 
  • Police reports 
  • Medical records 
  • Court Orders 
  • Support from domestic violence services 

If you qualify under this route you can apply for ILR without the usual requirement of remaining in the relationship for a specific period. 

This route provides a safeguard for victims of domestic abuse, ensuring they are not forced to remain in abusive relationships due to their immigration status. The application process for Appendix Victim of Domestic Abuse can be complex and emotionally challenging. Seeking expert legal advice is essential to ensure that you meet all the requirements and provide the necessary evidence.

Useful resources

FAQs

Who can apply under Appendix Domestic Abuse? 

You must meet the following criteria: 

• Be in the UK on a family visa (e.g., spouse or partner visa). 
• Have been in a genuine and subsisting relationship with the abusive partner. 
• Have suffered domestic abuse during the relationship or while in the UK. 
• Provide sufficient evidence to prove the abuse occurred. 

What type of abuse qualifies for Appendix Domestic Abuse? 

Domestic abuse is not limited to physical violence, it also includes: 

• Physical abuse (e.g., hitting, slapping). 
• Emotional, psychological, or verbal abuse. 
• Financial abuse (e.g., controlling money or resources). 
• Sexual abuse or coercion. 
• Controlling behaviour or manipulation. Applicants must provide evidence of the abuse to support their claim. 

What documents are required for an application as the Victim of Domestic Abuse? 

You should look to provide as much evidence as possible: 

• Police reports documenting the abuse 
• Medical records detailing injuries or psychological impact relating to the abuse 
• Court orders – restraining orders or non-molestation orders 
• Photographs of any injuries cased by the abuse 
• Support service records, for example from a domestic violence support organisation or social services 
• Evidence of the relationship, for example marriage certificate and proof of living together 

Can I apply if I have left my partner and no longer live with them? 

Yes, you can still apply under Appendix Domestic Abuse if you no longer live with the abusive partner. As long as you were in a genuine relationship during the time the abuse occurred and meet the other eligibility requirements, you can apply. 

Can I apply if I’m still in a relationship with the abusive partner? 

Yes, it is possible to apply even if you’re still in the relationship. However, you will need to provide sufficient evidence of the abuse and explain the circumstances surrounding your situation. It’s crucial to seek professional advice to ensure you’re taking the right steps. 

Will my abusive partner know about the application? 

Generally, your abusive partner will not be notified directly about your application. However, the Home Office may request further details or documents, and you should ensure your safety throughout the process.  

What happens if my victim of domestic abuse visa is refused? 

If your application for Indefinite Leave to Remain (ILR) under Appendix Domestic Abuse is refused, you can request an administrative review to have the decision reconsidered. An administrative review is a process that allows you to challenge a refusal decision made by the Home Office regarding an application under Appendix Domestic Abuse. An administrative review is based on the grounds that the Home Office made a legal or procedural error during the decision-making process. This could include incorrect application of the rules, failure to properly consider the evidence, or mistakes in assessing the case. The Home Office will assess whether the refusal decision was correct, based on the evidence submitted in your original application and any additional information provided. It does not involve a full re-submission of the application, but rather a review of the decision based on existing facts. 

You must request an administrative review within 14 days of receiving the refusal decision if you are in the UK.