What to do if you have been a victim of domestic violence in the UK? SET(DV) Permanent Residency and 3-month transition

The most commonly asked question is: "The visa is under his name. If I move out, will I have to leave the UK?"

No. The immigration rules have specifically set aside a pathway, and it does not require you to hold a valid visa at this moment - even if your visa has expired, as long as you were in the UK on a partner visa before it expired, this path remains open for you. I will now answer in the order of the questions asked.

Will my visa be affected if I leave him?

It is necessary to distinguish between two things, which are often confused as one. One is MVDAC (Migrant Victims of Domestic Abuse Concession), which provides a three-month discretionary leave, during which the NRPF restrictions are lifted, allowing applicants to claim benefits and apply for accommodation with local authorities; the other is settlement under Appendix VDA, submitted using SET(DV) form, and once approved, it is ILR.

The cost of SET(DV) is £3,226, same as ordinary settlement, but the approval rate for fee waivers on this path is quite high, with reasons including inability to afford basic living expenses, risk of homelessness, and impact on children's well-being. My judgment is that MVDAC should come before divorce, moving house, and job hunting. It is the only window that can open both the door to benefits and housing. Moving out first and then reconsidering status is the most expensive sequence error I have seen.

It is necessary to correct a widely spread misconception: "Only spouses' visas can go through the domestic abuse route." MVDAC has already, over the past three months, extended to work visas, study visas, dependents of those on these visas, as well as Appendix EU settlement status and Ukrainian scheme dependents; however, Appendix VDA permanent residency is only given to those who have previously been in the UK on a "Partner Visa leading to Permanent Residency". Spouses on work visas do not automatically become permanent residents after three months; they must switch to another route within this three-month period. These are two separate matters, not one.

Another change worth noting: The HC 584 published on September 3, 2026, extended Appendix VDA to include adult dependents. It will take effect on October 8, 2026. This means that adult children who have broken up with their parents or parent's partner due to domestic violence will be able to apply independently from that time.

The account and passport are not in my possession.

This is a new problem that emerged after BRP fully transitioned to eVisa, and it's also a change that I think more people should know about this year.

Home Office A whole section on UKVI account security was added to the MVDAC guidance in the version dated February 26, 2026, because caseworkers repeatedly encountered the same situation: the abuser had access to the victim's UKVI account email and mobile number, which equated to having their identity documents. The guidance now requires frontline staff to confirm whether the applicant has sole control over their account and to provide a way to recover the account if it might be controlled by someone else. 🔐 So the first thing you can do before leaving is not to pack your bags, but to change the email and mobile number linked to the account to ones only you know.

Passport and marriage certificate being withheld by the other party do not constitute an obstacle to the application. Home Office can internally verify immigration records. Call 999 immediately in dangerous situations; if there is a risk when speaking, keep the call active online. If transferred to an automated voice system, press 55 to connect with the police. A refuge (refuge) does not require you to have a status or report the incident first to be accepted. Local governments, women's aid organizations, and GP of NHS can all refer you.

Call the police first, or go to the family court first?

Two procedures can be conducted simultaneously without conflict. In criminal cases, it involves the police and the prosecution; in civil cases, it relies on the non-molestation order under section 42 and the occupation order under section 33 of the Family Law Act 1996. You can apply to the family court using form FL401, and no court fees are charged. Breaching a non-molestation order is a criminal offense, with a maximum penalty of five years' imprisonment, which is why it is more powerful than a verbal promise.

A new standard has been set in terms of time. The new guidance, effective on January 12, 2026, replaces the 2023 version, requiring courts to refer applications for restraining orders to a judge on the day they are filed (for cases filed after 4:00 PM, it will be postponed to the next working day); if an ex parte (without notice) order is made, a subsequent hearing must be scheduled within 28 days, and the order itself must specify its own termination date; just writing a return date is not enough. These provisions have practical significance for applicants: you don't have to wait until the other party is served, nor do you have to wait for several weeks.

In terms of costs, the domestic violence protection order is still within the scope of legal aid. In the past two years, the means test reform has excluded non-liquidatable joint assets. Applicants who receive Universal Credit have a lower application threshold, and specific details are subject to the current rules of the Legal Aid Agency. Additionally, readers living in specific areas should be reminded that the domestic violence protection order (DAPO) is still a pilot program, covering Greater Manchester, Croydon, Bromley, Sutton in London, Cleveland, North Wales, and the UK traffic police. The pilot period ends on November 24, 2026, and it has not yet been implemented nationwide. Those outside the pilot areas should still apply for a harassment prevention order.

Not sure whether you belong to MVDAC or VDA, or the order in which to submit, you can pay £5 on justiscript.com to get a written response from a UK-qualified lawyer within 24 hours on a specific issue, in either Chinese or English. This article is for reference only; please consult a licensed lawyer for specific issues.

Guidance The original text lists three options to be completed within three months: entering a relevant immigration route, applying for settlement (SET(DV)) under the conditions of Appendix VDA, or arranging to leave the UK.

It's not three months, but it has taken the right of choice back from others.

[Data Source] GOV.UK "Migrant Victims of Domestic Abuse Concession" 2026 February 26th edition; Immigration Rules Appendix Victim of Domestic Abuse; HC 584 Statistical Change Explanatory Memorandum (September 3, 2026); judiciary.uk Family Court Judge 2026 Restraining Order Guidance

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