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 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 to you. Below are the answers in the order they were asked.

Will my visa also be invalid 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 temporary permission outside the rules for three months, during which the NRPF restrictions are lifted, allowing applicants to claim benefits and apply for accommodation from 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 permanent residency, but the approval rate for application fee waivers on this route is quite high, with reasons including inability to afford basic living expenses, facing 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 your 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 extended for three months to work permits, study permits, dependents of the holders, and Appendix EU settlement status, as well as dependents under the Ukraine scheme; however, Appendix VDA permanent residency is only given to those who previously had a "partner visa leading to permanent residency" in the UK. After obtaining a spouse visa with a work permit, it does not automatically become permanent residency after three months; one must switch to another route within these three months. 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 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 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 if in danger; when speaking is risky, keep the line open after connecting, and 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 the incident 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?

The two procedures can be carried out 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 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 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 harassment prevention order applications to judges on the day they are filed (applications filed after 4 p.m. will be referred to the next working day). If a without notice order is issued, a subsequent hearing must be scheduled within 28 days, and the order itself must specify its termination date; merely indicating a return date is not sufficient. These changes have practical implications for applicants: you do not have to wait for the other party to be served, nor do you have to wait 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 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 been rolled out nationwide yet - 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, available 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 (SET(DV)) under the conditions of Appendix VDA, or arranging to leave the UK.

It's not three months, but it took the 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 Judges 2026 Non-Molestation Order Guidance

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