Indefinite Leave to Remain (ILR) for Victims of Domestic Violence

Legally reviewed by: Sherena Lawrence Apr 2026 In: Immigration

Leaving an abusive relationship is one of the hardest and bravest choices anyone can make, especially when your right to stay in the UK depends on your partner. The fear of losing your home, being separated from your children, or even facing deportation can leave you feeling trapped and alone.

If your relationship with a British or settled partner has broken down due to domestic abuse, you may be eligible to apply for Indefinite Leave to Remain (ILR) in the UK under the Domestic Violence Concession. This route allows you to stay in the UK independently and safely.

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

You may be eligible if:

You are in the UK on a spouse, civil partner, or unmarried partner visa.
Your partner is a British citizen or has settled status (ILR).
Your relationship has broken down due to domestic violence or abuse.

It’s important to note that you do not have to have reported the abuse to the police in order to apply.

What Evidence Do You Need?

Documents and Evidence of Domestic Violence for an Indefinite Leave to Remain Application

Although there’s no fixed list of documents you must provide, the Home Office does issue guidance on the kinds of evidence that can support an application for Indefinite Leave to Remain (ILR) under the domestic violence concession. It also explains how different types of evidence are assessed, with some considered more conclusive than others.

We understand that due to your situation, you might not have had the chance to gather documents or speak to anyone while the abuse was happening. You may have been isolated, financially controlled, or threatened with losing your children if you told anyone. Even if you don’t have much formal evidence, it’s still possible to make a strong case.

What Counts as Domestic Abuse?

It’s important to remember that domestic abuse includes more than physical violence. It can also be:

Emotional or psychological abuse
Financial control
Threats or intimidation
Sexual abuse
Coercive and controlling behaviour

If you’re unsure about what qualifies, it’s a good idea to speak with an immigration solicitor or a domestic abuse organisation. They can help you understand your rights and support you in collecting the right evidence for your application.

What is Considered Strong (or ‘Conclusive’) Evidence?

Some types of evidence carry greater weight and can be enough on their own to show that abuse occurred. These are referred to by the Home Office as conclusive evidence:

Criminal Convictions: If your partner has been convicted of offences related to domestic abuse, this is treated as conclusive. Even if the conviction was for a different form of abuse (e.g. harassment or assault), it may still apply. If your partner was found not guilty in court, you can still apply. The standard of proof for the Home Office is lower than in criminal court.
Police Caution: If your partner accepted a police caution for a domestic abuse-related offence, this counts as an admission of guilt and is accepted as conclusive evidence.
Findings in Family Court: If a family court judge has made a formal finding of domestic abuse such as, when granting a non-molestation order, occupation order, or during child arrangement proceedings.

Even if there is no formal finding, the existence of such court orders may still support your case. These may instead be classed as compelling rather than conclusive.

What is ‘Compelling’ Supporting Evidence?

If you don’t have conclusive evidence, other forms of documentation can still strongly support your application. These include:

Medical Records or Reports: If you saw a doctor, nurse, or mental health professional after an incident of abuse, their notes can strongly support your application. This includes evidence of physical injuries or emotional distress.
Reports or Letters from Charities or Support Workers: If you’ve been supported by a domestic abuse charity, women’s refuge, or a caseworker, you can ask them for a letter outlining your circumstances. These letters often carry a lot of weight, especially when the writer has worked with you directly over time.
Social Services or Local Authority Reports: If social workers have been involved due to concerns about your safety or the welfare of your children, their reports can support your application.
Witness Statements: You can include testimonies from people who are aware of your situation, for example, neighbours, friends, or professionals. These can help show changes in your behaviour, visible injuries, or any disclosures you made.
Your Own Statement: You’ll have the chance to share your own account of what happened. This is your space to explain the abuse you experienced, how it affected you, and how it led to the end of your relationship. It may be the most important part of your application, especially if you don’t have much external documentation. If this is your main source of evidence, it should be prepared with care. Our solicitors, can provide you with legal support while writing your statement.

What If You Don’t Have Any Evidence Right Now?

It’s not uncommon for people to apply with only limited evidence, especially if they were prevented from seeking help earlier.

If that’s your situation, we encourage you to speak to a solicitor. They can help you explain the circumstances and gather what you can, and in some cases, provide professional letters to support your claim.

How to Apply for Indefinite Leave to Remain as a Victim of Domestic Abuse

To apply for Indefinite Leave to Remain (ILR) under the domestic violence concession, you’ll need to complete the SET(DV) form. This application is for people whose relationship with a British citizen or settled partner has broken down as a result of domestic abuse.

Where to Apply From

You must be physically in the UK when you submit your application. However, you don’t have to wait a specific length of time after the relationship ends. As soon as it has broken down because of abuse, you can apply.

Application Fees and Fee Waiver Options

There is usually a £2,885 application fee, but if you’re struggling financially, you might not need to pay it. The Home Office offers a fee waiver for those who are destitute or at risk of becoming destitute. This is designed to help people who have little or no income, especially those who have recently left an abusive partner.

How to Apply for a Fee Waiver

To apply for a fee waiver, you’ll need to provide some evidence of your financial circumstances. This might include recent bank statements, proof of any benefits you receive, and information about your accommodation and living costs. If your waiver is approved, you’ll be given a code to use when you submit your ILR application. This means that you won’t have to pay the fee upfront.

What Happens After You Apply

Once your application has been submitted, you’ll be sent a Certificate of Application (CoA). This confirms your legal right to stay in the UK while a decision is being made. It can take several months for the Home Office to reach a decision, depending on the complexity of your case and the evidence provided.

If Your Application Is Successful

If your application is successful, you’ll be granted Indefinite Leave to Remain, allowing you to live in the UK permanently. With ILR, you’ll have the right to work, claim benefits, and access public services just like any other settled person. While you’re waiting for a decision, your Certificate of Application may also allow you to work and receive limited support.

Worried About Your Safety or Your Children?

If you need to leave home, women’s refuges and other domestic abuse services can provide emergency accommodation. Many of them also offer help with safety planning, emotional support, and even legal advice or assistance with accessing benefits and education for your children.

You can still apply for ILR even if your children are not currently living with you, or if they are with your former partner. Every family situation is different, and support is available regardless of your circumstances.

How Cartwright King Can Help

At Cartwright King, we understand how emotionally exhausting and frightening it can be to take these steps, especially when so much depends on the outcome. Our experienced immigration solicitors will listen to your story and work with you every step of the way.

We can support you with:

Understanding your eligibility
Collecting and presenting evidence of abuse
Completing your ILR application
Applying for a fee waiver
Appealing if your application is refused

We offer a free initial consultation, so you can speak to us in confidence and find out what options are available to you.

Where to Get Support

If you’re in danger or need urgent support, please reach out to one of these trusted organisations:

National Domestic Abuse Helpline (Refuge) – 0808 2000 247
(Free, 24/7 and confidential)
Women’s Aid – www.womensaid.org.uk
Rights of Women Immigration Advice Line – 020 7490 7689
Citizens Advice – www.citizensadvice.org.uk