You must have status, or your most recent status must have been, as the partner of someone who is:  

• British;  

• Settled in the UK – meaning they have indefinite leave or settled status;  

• An EEA national with pre-settled status under the EU Settlement Scheme – their status must be based on their EEA nationality and not because of their relationship to a EEA national. EU law is complex and, in some situations, it may be better for you to remain on this route. Please make sure you seek advice to explore all possible options. 

• A refugee; or  

• A member of HM Armed Forces  

Or you can have been granted permission under the Migrant Victims of Domestic Abuse Concession (MVDAC) (see info above) and you previously had permission to live in the UK as a partner of one of the categories listed above.  

Your non-British children can also apply with you as long as they are dependent on you, i.e. living with you. If they are 18 years and older, they can apply with you as long as they were last granted permission in the UK as the dependent child of their parent, and if they are not leading an independent life (still living with you and are not married or in a civil partnership).  

• You can’t apply for permanent stay if you have any other type of dependent status. For example, if you have status as a partner of a student or a skilled worker.  

• You also can’t apply if you do not have a partner status but your own independent status. 

• You can’t apply if, for example, you have your own skilled worker status or if you have pre-settled status granted to you as an EEA national or because you are a family member of an EEA national other than a partner.  

• If you are in the UK with permission as a partner on the Hong Kong British National (Overseas) route (also known as the BN(O) route) and your relationship breaks down, your status is not affected even if you separate from your partner. You can carry on living here and also make a further application for permission to stay or apply for indefinite leave to remain without relying on your partner. 

We are hoping that the government will extend the scope of the rules to allow children who leave abusive relationships, without a parent, to apply on their own. We are interested to see such cases; we encourage applicants in this position to make a referral to GMIAU.

• Confirm you were the partner of a British/settled/EEA/refugee/Armed Forces person  

• Gather as much evidence of abuse as possible – see the types of evidence you can use. 

• Collect financial documents if applying for a fee waiver 

• Keep copies of everything you send 

• Get legal advice if unsure 

This is an online application. The form is available here:  https://www.gov.uk/government/publications/application-to-settle-in-uk-form-setdv/apply-online-form-setdv–2  

Once the application is made, you get a list of the documents you must send to them. This is called the checklist.  

The fee for this application is £3226, but it is possible for the fee to be waived if you can’t afford it.  

You will be asked when you fill out the form in if you can afford the fee and will be asked to send in proof if you say that you can’t.  

The fee is waived for someone who is accommodated in a Refuge or someone who is getting universal credit. The Home Office will need to see proof of this.  

It can also be waived for someone on a low income. The Home Office will need to assess whether you can afford the fee. 

You will need to provide: 

• Documentary evidence to show all household income covering the period of 6-months prior to the application  

• All bank or savings account statements covering the period of 6 months before this request. You should provide an explanation for all regular incomings and outgoings as well as any large transactions of over £250  

• Evidence of all employment (or self-employment) or benefits income in the 6 months  

• Tenancy agreement  

• Documentary evidence to show all household outgoings covering the period of 6 months prior to the application. For example, receipts and household bills.  

The application can be saved and amended as many times as you want until it is submitted.  

It is submitted by pressing the ‘save and continue’ button on the final page.  

If you can afford the fee, you will be taken onto a payment site to pay the fee. If you have said you can’t afford the fee, you will see a heading ‘No payment required’.  

The next step is to make an appointment to have your biometrics taken and to upload the documents they ask for (see below). 

If you have paid, the appointment is made by clicking the ‘book appointment’ button on the ‘next steps’ page. This allows you access to another website run by TLS. TLS is a company. They take the biometrics and send the uploaded documents to the Home Office.  

On the TLS website you press the ‘book appointment’ button, put in your post code when asked, and then go to one of the local centres that come up. You have to scroll to the end of the appointments list to get a free appointment. These go rapidly and our advice is to go in at 9:00 in the morning when fresh appointments are put onto the system. You need to keep on trying until you get the appointment.  

You can upload your documents at any time before the date of the biometric appointment.  You can only upload the documents once, so make sure that you have them all ready. You can re-access the TLS website at any time by going back into your application via the email you received confirming that an application has been made.  

You access the TLS website by again clicking onto the ‘book appointment’ button on the ‘next steps’ page and upload the documents by clicking onto the upload button in that website.  

If you have said that you can’t afford to pay the fee, you can’t make an appointment or upload the documents until you have received an email telling you to do so.  

You will receive an email directing you to a portal to upload the documents. This arrives a short while after the application has been submitted.  

You can also phone a booking centre to make an appointment. The number is on the ‘next steps’ page of the application. These appointments are with the Home Office and take place at the nearest Home Office building. For those living in Manchester, this is either Sheffield or Liverpool.  

An application normally takes about 6 months from the date of the biometric appointment.  

To get indefinite leave to remain under this route you have to show that  

• There has been domestic abuse;  

AND  

• Domestic abuse is the reason your relationship has broken down permanently.  

It can be difficult to prove this.   

The Home Office asks for “objective evidence”. This could be confirmation that there has been abuse from a women’s refuge, police, or social services.  

The Home Office guidance is here. The types of evidence that they are looking for is set out on pages 33-44.  

These are only examples. You should provide the best evidence that you can to confirm that you have experienced domestic abuse.   

If the Home Office does not accept that you are a victim of domestic abuse, they may refuse your application for indefinite leave as a victim of domestic abuse. You will not be able to appeal.  .