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.
Unlike standard ILR routes, SET DV requires no minimum residence period, no financial threshold, no English language test, and no Life in the UK test. Fee waivers are available for destitute applicants. The MVDAC concession provides 3 months of temporary leave with public funds access while you prepare your application. Applications can be made even if your previous leave has expired, and victims abandoned overseas can now apply from outside the UK following the AM v SSHD ruling.
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. The most recent rule changes came via Statement of Changes HC 1691 on 5 March 2026, adding UKVI account recovery guidance for vulnerable applicants.
What is SET DV Application?
The SET DV application is the official Home Office form for victims of domestic violence to apply for settlement (ILR) in the UK. It allows individuals whose relationship with a British citizen, settled person, or qualifying sponsor has broken down due to domestic abuse to remain permanently in the UK, independent of their abusive partner.
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. Many SET DV applications follow a period on the standard UK partner settlement route, where the relationship breaks down before the 5-year qualifying period completes.
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?
To apply for SET DV, you must have held (or last held) permission as a partner under Appendix FM, as the partner of someone with refugee status, or as the partner of an HM Armed Forces member. Your relationship must have permanently broken down due to domestic abuse, and you must provide evidence of the abuse. There is no minimum residence period required.
- 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 — see our guide on proving proof of relationship breakdown for evidential standards
- 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
- Financial requirement: The standard financial requirement (waived for SET DV) does not apply — you do not need to demonstrate £29,000 income
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. Where formal documentary evidence overlaps with general partner visa documentation, you can reuse those materials to support both relationship genuineness and the abuse claim.
| Evidence Category | Examples |
|---|---|
| Strong evidence | Criminal conviction of abuser, police caution, court protective orders (non-molestation order, restraining order), Crown Prosecution Service charging decision |
| Supporting evidence | Police reports or crime reference numbers, medical records documenting injuries, letters from GPs or mental health professionals, refuge accommodation records |
| Corroborating evidence | Letters from domestic abuse support organisations, social worker reports, witness statements from friends or family, photographs of injuries |
| Personal account | Detailed personal statement explaining the abuse, timeline of events, and impact on your life — accepted even when formal evidence is unavailable |
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?
The SET DV application fee is £3,226 per person from 8 April 2026 (increased from £3,029). However, fee waivers are available for applicants who cannot afford the fee due to destitution or financial hardship. There is no Immigration Health Surcharge (IHS) for SET DV applications, and no priority processing service is available.
Although SET DV uses the standard ILR fee schedule, the route includes SET DV fee waiver provisions not available for most other settlement applications. The IHS exemption is also unique — most ILR routes don't require IHS at the application stage either, but SET DV explicitly exempts applicants who hold valid leave at the time of application.
| Fee Component | Amount (8 April 2026) |
|---|---|
| SET(DV) application | £3,226 |
| Immigration Health Surcharge | Not required |
| Biometrics | No fee |
| Fee waiver (if eligible) | Full fee waived |
| Administrative Review (if refused) | £80 |
| Priority service | Not available |
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?
The SET DV application processing time is approximately 6 months from the date of your biometrics appointment. There is no Priority or Super Priority service available for domestic violence applications. You can continue to live and work in the UK while your application is being processed.
- Step 1: Gather evidence of domestic abuse and relationship breakdown
- Step 2: Complete the SET(DV) application form online on gov.uk
- Step 3: Pay the £3,226 fee or apply for a fee waiver with supporting evidence
- Step 4: Book your biometrics appointment at a UKVCAS centre
- Step 5: Upload supporting documents before your biometrics appointment
- Step 6: Attend biometrics with your passport, BRP, and appointment letter
- Step 7: Wait for decision (approximately 6 months)
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 refusal grounds is essential for your next steps. SET DV refusals share many features with broader partner visa refusal grounds, particularly insufficient evidence and suitability concerns. 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 under the standard ILR rules. 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)
- Human rights appeal route: If you included Article 8 grounds in your original application, you may have a DV refusal appeal route to the First-tier Tribunal
- Alternative immigration route: Consider other routes such as the 10-year settlement route or human rights claims
- SET DV enables victims of domestic violence to apply for ILR independently of their abusive partner
- The application fee rose to £3,226 from 8 April 2026 (was £3,029); fee waivers are available for those who are destitute
- English language and Life in the UK tests are waived for SET DV applicants
- Processing takes approximately 6 months with no priority service available
- MVDAC provides 3 months' temporary leave with access to public funds while you prepare your application
- Transnational marriage abandonment victims can apply from overseas via the Return to the UK form
- Children under 18 can be included in the parent's application without separate evidence of abuse
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.
Frequently Asked Questions
What is the SET DV application fee in 2026?
The SET DV application fee is £3,226 per person from 8 April 2026 (increased from £3,029). However, fee waivers are available if you are destitute or cannot afford essential living costs. There is no Immigration Health Surcharge (IHS) required for SET DV applications, and biometrics enrolment has no additional fee.
What is the SET DV application processing time?
SET DV applications typically take approximately 6 months to process from the date of your biometrics appointment. There is no Priority or Super Priority service available for domestic violence applications. You can continue to live and work in the UK while waiting for a decision.
Do I need to pass the Life in the UK test for SET DV?
No. Both the Life in the UK Test (KoLL) and English language requirements are waived for victims of domestic violence applying for ILR under Appendix VDA. This exemption recognises the vulnerable circumstances of domestic abuse survivors.
What is the DDV Concession? Is it still available?
The DDV (Destitute Domestic Violence) Concession has been replaced by the MVDAC (Migrant Victims of Domestic Abuse Concession). The MVDAC provides 3 months' temporary leave to remain with access to public funds for destitute victims of domestic abuse while they prepare their SET DV application.
Can I apply for SET DV if my visa has expired?
Yes. Under Appendix VDA, you do not need to have valid leave at the time of application. You can apply even if your visa has expired, as long as your last grant of leave was as a qualifying partner (spouse, civil partner, or unmarried partner of a British citizen, settled person, refugee, or Armed Forces member).
Can children be included in a SET DV application?
Yes. Dependent children under 18 can be included in your SET DV application. They do not need to complete the sections on domestic abuse if the parent has already done so. Children over 18 applying as dependents must meet additional requirements including the English language test and Life in the UK test.
What happens if my SET DV application is refused?
There is no right of appeal against SET DV refusals under standard ILR rules. However, you can request an administrative review (£80 fee) if you believe there was a caseworking error, reapply with stronger evidence, or pursue judicial review if there was an error of law. If you included human rights grounds in your original application, you may have appeal rights against that aspect through the First-tier Tribunal.
Can I apply for SET DV from outside the UK?
Yes, but only if you are a victim of transnational marriage abandonment — where your partner deliberately stranded you overseas. Following the AM v SSHD [2022] ruling, Appendix VDA now allows victims abandoned abroad to apply for entry clearance using the "Return to the UK" application form. You must apply online and will be granted Indefinite Leave to Enter (ILE) if successful.
Do I need to meet the financial requirement for SET DV?
No. The standard £29,000 minimum income requirement that applies to spouse visa applicants is waived entirely for SET DV applications. You do not need to demonstrate any specific income level. This recognises that domestic abuse victims may have lost financial independence due to coercive control by their abuser.