SET DV Guidance 2026: ILR for Victims of Domestic Violence

This comprehensive SET DV guidance explains how victims of domestic violence can apply for Indefinite Leave to Remain (ILR) in the UK under Appendix Victim of Domestic Abuse (VDA). If your relationship has broken down due to domestic abuse, the SET(DV) application provides a pathway to permanent settlement without relying on your abusive partner's immigration status. This guide covers the eligibility requirements, application process, fee waiver options, evidence needed, and what to do if your application is refused.

SET DV Guidance: Understanding Domestic Violence ILR in 2026

The SET DV route enables victims of domestic violence to secure Indefinite Leave to Remain (ILR) independently from their abusive partner. Since 31 January 2024, applications are governed by Appendix Victim of Domestic Abuse (VDA), which replaced the previous domestic violence provisions in Appendix FM. These changes followed the landmark High Court ruling in AM v SSHD [2022], which found the previous rules discriminated against victims abandoned overseas.

What is SET DV Application?

Domestic abuse encompasses far more than physical violence. Under the Domestic Abuse Act 2021, it includes emotional, psychological, financial, and sexual abuse, as well as controlling and coercive behaviour. The Home Office recognises all forms of abuse equally when assessing SET DV applications, meaning victims of non-physical abuse are fully protected under this route.

A significant update introduced by Appendix VDA is the recognition of transnational marriage abandonment as a form of domestic abuse. This refers to situations where a sponsor deliberately strands their partner overseas, typically during a family visit, with the intention of preventing their return to the UK. Victims of this abuse can now apply for settlement from outside the UK using the "Return to the UK" entry clearance application.

SET DV Requirements: Who Can Apply?

To qualify for ILR under the SET DV route, you must meet specific eligibility criteria set out in Appendix VDA. The requirements focus on your previous immigration status and evidence that your relationship broke down due to domestic abuse.

What Are the SET DV Eligibility Requirements?

• Previous Visa Status: You must have held leave as the partner of a British citizen, settled person, person with refugee status, or HM Armed Forces member
• Relationship Breakdown: Your relationship must have permanently broken down as a result of domestic abuse
• Evidence of Abuse: You must provide evidence that domestic abuse occurred (physical, emotional, psychological, financial, or sexual)
• No Time Requirement: Unlike other ILR routes, there is no minimum residence period—you can apply immediately after leaving the abusive relationship
• English & Life in UK: These requirements are waived for SET DV applicants

What Evidence is Needed for SET DV Applications?

The Home Office takes an "in the round" approach when assessing evidence, meaning caseworkers consider all submitted evidence collectively rather than requiring specific types of documentation. However, certain evidence carries more weight than others. The official Home Office guidance categorises evidence by strength:

The Home Office recognises that many victims face significant barriers to obtaining formal evidence due to the nature of abusive relationships. If you only have limited evidence, your personal statement explaining the reasons for the lack of documentation will be considered. This is particularly important for victims of coercive control, financial abuse, or those whose abusers controlled access to phones, documents, and the outside world.

SET DV Application Process: How to Apply

The SET DV application is submitted online through the UK Visas and Immigration portal. The process requires careful preparation of evidence and accurate completion of the application form.

What is the SET DV Application Fee?

You qualify for a fee waiver if you can demonstrate that you do not have a place to live and cannot afford one, have accommodation but cannot afford essential living costs like food or heating, or have a very low income where paying the fee would harm your child's wellbeing. Evidence for fee waivers includes bank statements, letters from local authorities, or letters from support organisations.

What is the SET DV Application Processing Time?

MVDAC: Financial Support While Awaiting Decision

If you are destitute and need immediate support, you can apply for the Migrant Victims of Domestic Abuse Concession (MVDAC). This concession, formerly known as the DDV (Destitute Domestic Violence) Concession, provides temporary permission to stay in the UK with access to public funds while you prepare your SET DV application.

How to Apply for MVDAC

To apply for the MVDAC, download the MVDAC application form from gov.uk, complete it with your personal and relationship details, and submit it by post or email to the address on the form. Successful applicants receive 3 months' temporary leave with access to public funds.

Note that partners of individuals on work visas, student visas, or graduate visas are not eligible for settlement under Appendix VDA. However, they may still be able to apply for the MVDAC concession to access financial support, after which they would need to make a different type of immigration application (such as a human rights claim under Article 8) before the 3-month period expires.

SET DV Refusal: Common Reasons and What to Do Next

If your SET DV application is refused, understanding the reasons for refusal is essential for your next steps. Common reasons include insufficient evidence of domestic abuse, failure to meet the previous visa eligibility criteria, or incomplete application forms.

Common SET DV Refusal Reasons

• Insufficient Evidence: The evidence provided does not adequately demonstrate that domestic abuse occurred or caused the relationship breakdown
• Ineligible Previous Visa: Your last grant of leave was not as a qualifying partner (e.g., you were on a work visa dependent, not a spouse visa)
• Incomplete Application: Missing information or documents in the application form
• Relationship Not Permanently Broken Down: Evidence suggests the relationship may not have ended permanently
• Suitability Concerns: Issues such as criminal convictions or immigration violations (though discretion applies for abuse-related circumstances)

Options After SET DV Refusal

There is no right of appeal against a SET DV refusal. However, you have the following options:

• Administrative Review: Request a review (£80 fee) if you believe there was a caseworking error in the decision—must be submitted within 14 days
• Fresh Application: Reapply with additional or stronger evidence addressing the reasons for refusal
• Judicial Review: Challenge the decision in court if there has been an error of law (seek legal advice)
• Alternative Immigration Route: Consider other routes such as private life applications or human rights claims if you included Article 8 grounds in your original application (which would give appeal rights)

For official guidance, refer to the gov.uk domestic violence ILR page. If you need support, you can report domestic abuse or contact organisations for help. Professional immigration solicitors can assist with complex SET DV applications, particularly where evidence is limited or previous applications have been refused.