What to do if you have been a victim of domestic violence in the UK? SET(DV) settlement 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 a specific pathway, and it doesn't 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. Below are the answers in the order they were 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, and job searching. It is the only window that can open both the doors of benefits and housing. Moving out first and then reconsidering status is the most expensive sequence mistake 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-settled status and Ukrainian scheme dependents; however, Appendix VDA settlement is only given to those who have previously been in the UK on a "settlement route partner visa." Spouses on work visas do not automatically become settled 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: HC 584 published on September 3, 2026, extends Appendix VDA to include adult dependents. It will take effect on October 8, 2026. This means that adult children who have broken off relations due to abuse by their parents or parent's partner 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 was fully transitioned to eVisa, and it's also a change that I think should be known by more people this year.

Home Office A whole new section on UKVI account security was added to the MVDAC guidance in the version dated February 26, 2026, due to caseworkers repeatedly encountering the same situation: the abuser has access to the victim's UKVI account email and phone number, which equates 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 phone 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. If it is dangerous, call 999; when speaking is risky, keep the line open after connecting. If transferred to an automated voice system, press 55 to be connected to the police. A refuge (refuge) does not require you to have a status or report to the police first; local government, 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 carried out at the same time 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 FL401 form, no court fee is charged . Breach of a non-molestation order is a criminal offense, with a maximum penalty of five years' imprisonment, which is why it is more powerful than verbal promises.

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 no-contact 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 a without notice order is made, a subsequent hearing must be scheduled within 28 days, and the order itself must specify its termination date, just stating a return date is not enough. These provisions have practical significance for applicants: you don't have to wait for the other party to be 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 are reminded: 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 order.

Not sure whether you belong to MVDAC or VDA, or the order of submission, you can pay £5 on justiscript.com to get a written response from a UK-qualified lawyer within 24 hours on a specific issue, which can be in 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 using 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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