What to do if you are a victim of domestic violence and your UK visa is affected? SET(DV) Settlement and 3-month transition

The most frequently 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 reserved 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 as a partner before it expired, this path remains open to you. Below are the answers in the order they were asked.

Will my visa become invalid if I leave him?

It is important 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, which is applied for 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, facing homelessness, and affecting 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 thinking about 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 such 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 "partner visa leading to settlement". Spouses on work visas do not automatically become settled after three months; they must switch to another route within these three months. These are two separate matters, not one.

Another change worth noting: The 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 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 so only you know them.

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. In case of danger, call 999; when speaking poses a risk, stay online after connecting. 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; 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 form FL401, and no court fees will be charged. Violating a non-molestation order is a criminal offense, with a maximum penalty of five years' imprisonment, which is the strength of this measure compared to verbal promises.

A new standard has been set in terms of time. The new guidance, effective from January 12, 2026, replaces the 2023 version, requiring courts to forward harassment order applications to a judge on the day of filing (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 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 fees, the domestic violence protection order is still within the scope of legal aid. In recent 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 been rolled out nationwide yet - those outside the pilot areas should still apply for a harassment order.

If you are unsure 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 qualified English 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 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 Judges 2026 Restraining Order Guidance

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