Indefinite leave to remain or enter (domestic violence or abuse)

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1. Overview

You may be able to apply for permission to settle in the UK permanently if your relationship has broken down because of domestic violence or abuse.

Domestic violence and abuse can be emotional, psychological, physical, sexual or financial. It includes threatening or controlling behaviour to try to harm, isolate or frighten someone.

Permission to settle in the UK is sometimes called 鈥榮ettlement鈥�, 鈥榠ndefinite leave to remain鈥� or 鈥榠ndefinite leave to enter鈥�.

Permission to settle gives you the right to live, work and study here for as long as you like, and apply for benefits if you鈥檙e eligible. You can use it to apply for British citizenship.

Check if you鈥檙e eligible.

You must tell the Home Office if you separate from your partner and your visa is based on that relationship.

When to apply

Apply for permission to settle in the UK as soon as possible after the relationship breaks down.

If you have a current visa, do not wait for it to expire.

You can apply to settle from inside the UK or apply to settle from outside the UK.

Fees and how long it takes

The application fee is 拢3,029 per person, unless you do not have enough money to support yourself.

You can include any eligible children on your application form if you鈥檙e applying from inside the UK. If you鈥檙e outside the UK, you鈥檒l need to make a separate application for each child coming with you.

You鈥檒l each need to have your biometric information (fingerprints and a photo) taken - there鈥檚 no fee for this.

You鈥檒l usually get a decision about your application within 6 months.

If you do not have enough money to support yourself

If you cannot pay the fee

You do not have to pay the fee if you can provide evidence that you:

  • do not have a place to live and cannot afford one
  • have a place to live but cannot afford essential living costs like food or heating
  • have a very low income and paying the fee would harm your child鈥檚 wellbeing

Evidence can include bank statements, a signed letter from your local authority or a signed letter from an agency that鈥檚 been giving you support.

If you鈥檙e in the UK and need support while waiting for a decision

You can apply for the 鈥楳igrant Victims of Domestic Abuse Concession鈥� to:

  • get permission to stay in the UK until you get a decision on your application to settle
  • be able to apply for benefits if you鈥檙e eligible, for example so you can find somewhere safe to live

Fill in the application form. Post or email it to the address on the form.聽

You must apply for permission to settle in the UK within 3 months of applying for the 鈥楳igrant Victims of Domestic Abuse Concession鈥�. If you do not, your permission to stay will end.

You cannot apply for the 鈥楳igrant Victims of Domestic Abuse Concession鈥� if you鈥檙e outside the UK.

If you apply for the concession and then resume your relationship with your partner, you may not be eligible to settle as their partner.

Get help

You can get immigration advice if you need help with getting permission to stay in the UK. You may be entitled to legal aid (free legal advice).

You can report domestic abuse to the police or contact organisations for help or advice.

You can get on the Citizens Advice website.

2. Eligibility

Whether you can get permission to settle in the UK permanently (indefinite leave to remain or enter) depends on:

  • your current immigration status (the type of visa you have, for example)
  • how your relationship broke down

Your immigration status

Your current immigration status usually must be based on your relationship with your partner.聽Your partner must be one of the following:

  • a British citizen
  • a person with permission to settle in the UK permanently (indefinite leave to remain or enter)
  • a member of the UK armed forces who has served for at least 4 years
  • a person with permission to stay in the UK as a refugee
  • a person with settled status under the EU settlement scheme
  • a citizen of the EU, Switzerland, Norway, Iceland or Liechtenstein with pre-settled status under the EU Settlement scheme

If your partner has pre-settled status, they also need to have been living in the UK by 31 December 2020.

If you have pre-settled status

You can also apply if your relationship has broken down permanently because of domestic violence or abuse and you have pre-settled status either:

  • as a spouse, civil partner or unmarried partner
  • based on a retained right of residence because you used to have a spouse, civil partner or unmarried partner who was living in the UK by 31 December 2020

How the relationship broke down

You must show your relationship broke down because of domestic violence or abuse from your partner or your partner鈥檚 family.

If you鈥檙e applying from outside the UK, you鈥檒l need to show that you鈥檝e been abandoned there.

You鈥檒l be asked to give a statement about your circumstances when you apply.聽

You should also include supporting evidence if you have it, but you do not need it to apply.

3. Apply from inside the UK

You must apply online.

You can include any eligible children on your application form.

Once you鈥檝e started your application, you can save your form and complete it later.

You鈥檒l need to send your current original passport or travel document if you have it.

Get help to apply online

You can get help with completing the online form if you:

  • do not feel confident using a computer or mobile device
  • do not have internet access

You cannot get immigration advice through this service.

4. Apply from outside the UK

You can apply from outside the UK if you鈥檝e been abandoned. You must apply online.

You鈥檒l need to make a separate application for any eligible children coming with you.

Once you鈥檝e started your application, you can save your form and complete it later.

You鈥檒l need to send your current original passport or travel document if you have it.

5. Children (dependants)

You can apply for your children to settle in the UK with you if one of the following applies:

  • they were born in the UK
  • they have, or have had, permission to stay in the UK as your dependent child
  • they were born outside the UK after you got permission to stay as a dependent partner

聽They must also:

  • have been living with you and your ex-partner聽
  • have proof they鈥檒l be supported and accommodated adequately without using public funds
  • not be married, in a civil partnership or living an independent life

Children over 18

Children over 18 may also need to:

6. After you apply

After you submit your application you鈥檒l be asked to provide your biometric information (fingerprints and a photo).

You鈥檒l be told how to make an appointment after you apply.

Any children aged 6 and over who are applying on your form must also provide biometric information.

If you need your passport or documents back

You can ask for your passport and other documents to be returned if you鈥檝e provided them with your application but need them urgently.

You might have to cancel your application to get your documents back.

Getting a decision

You鈥檒l usually get a decision within 6 months.

You鈥檒l be contacted if your application is complex and will take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances, for example if you have a criminal conviction

If your application is approved

You can do the following:

  • work
  • run a business
  • study
  • use public services, such as healthcare and schools
  • apply for public funds (benefits) and pensions
  • apply for British citizenship, usually after a minimum of 12 months

If you stay outside of the UK for more than 2 years

You can lose your indefinite leave to remain if you stay outside the UK for more than 2 years at a time. You may need to apply before you can return to the UK.