ILR After Divorce or Relationship Breakdown 2026

Overview: relationship breakdown and immigration

A relationship breakdown is stressful enough without the added uncertainty of what it means for your immigration status. If you entered the UK on a spouse, partner, or fiancé(e) visa, your right to remain is directly tied to that relationship. When the relationship ends - whether through divorce, separation, or the death of your partner - your immigration position can change dramatically.

The good news is that UK immigration law does recognise that relationships break down, and there are specific provisions to protect people in vulnerable situations, particularly victims of domestic violence or abuse. This guide explains every option available to you, from the dedicated domestic violence route to Indefinite Leave to Remain (ILR), to switching to a different visa, to the implications for your children.

The rules are set out in Appendix FM of the Immigration Rules and the Home Office domestic violence guidance. This guide distils the key points into plain language, but always seek professional immigration advice for your specific situation.

Before vs after ILR: key differences

The impact of a relationship breakdown on your immigration status depends critically on whether you have already been granted ILR (Indefinite Leave to Remain).

If you already have ILR

If you have already been granted ILR, your settlement status is not affected by divorce or separation. ILR is granted to you as an individual, not to you as part of a couple. You can divorce, separate, or end your relationship without any impact on your right to remain in the UK. You retain full rights to work, access public funds, and use the NHS. You can also still apply for British citizenship through naturalisation - divorce does not disqualify you.

The only thing that can cause you to lose ILR is spending more than 2 continuous years outside the UK, which causes it to lapse automatically under section 13 of the Immigration Act 1971. Relationship status is irrelevant.

If you do not yet have ILR

If your relationship breaks down before you have been granted ILR, your position is more precarious. The spouse or partner visa is granted on the basis of a genuine and subsisting relationship. When that relationship ends, you no longer meet the conditions of your visa. This means:

• You cannot extend your spouse visa or apply for ILR on the partner route using the SET(M) form
• Your existing leave to remain continues until it expires - you are not immediately unlawful
• You need to either switch to a different visa category, apply under the domestic violence provisions (if applicable), or leave the UK before your leave expires

Quick comparison

Domestic violence provisions (DDVC/SET(DV))

UK immigration law contains specific protections for people whose relationship has broken down due to domestic violence or abuse. These provisions allow victims to apply for Indefinite Leave to Remain (ILR) immediately, regardless of how long they have been in the UK. You do not need to have completed the standard 5-year qualifying period.

The domestic violence provisions apply to people who entered the UK or were granted leave as:

• A spouse or civil partner
• An unmarried or same-sex partner
• A fiancé(e) or proposed civil partner

Your partner must be (or have been) a British citizen, a person with ILR, a person with refugee status or humanitarian protection, or a member of HM Forces. "Domestic violence" is defined broadly to include physical violence, sexual abuse, psychological abuse, emotional abuse, financial abuse, and coercive or controlling behaviour. It covers any incident or pattern of threatening behaviour, violence, or abuse regardless of the gender or sexuality of the victim.

There are two stages to this route:

1. DDVC (Destitution Domestic Violence Concession) - a temporary 3-month grant of leave with access to public funds, giving you time to prepare your ILR application
2. SET(DV) - the application for ILR as a victim of domestic violence

You do not have to apply for the DDVC first - you can go straight to SET(DV) if you are able to. The DDVC exists as a safety net for those who are destitute and need immediate access to housing and benefits.

The DDVC application process

The Destitution Domestic Violence Concession (DDVC) is a critical lifeline for victims of domestic abuse who are left destitute after their relationship breaks down. It provides 3 months of temporary leave to remain with access to public funds.

Eligibility for the DDVC

To qualify for the DDVC, you must:

• Have entered the UK or been granted leave as the partner of a British citizen or settled person
• Have had your relationship break down due to domestic violence or abuse
• Be destitute or at risk of destitution (unable to support yourself financially)
• Not already have ILR or British citizenship

How to apply

The DDVC application is made by emailing the Home Office at DDVConcession@homeoffice.gov.uk or by having a domestic violence support organisation apply on your behalf. There is no fee for the DDVC application. You should include:

• Your full name, date of birth, and nationality
• Your Home Office reference number (if known)
• A brief description of the domestic violence
• Any supporting evidence available (police reports, court orders, letters from support organisations)

What happens after the DDVC is granted

Once the DDVC is granted, you receive 3 months of leave with recourse to public funds. During this period you can:

• Access housing and homelessness assistance from your local council
• Claim benefits such as Universal Credit, Housing Benefit, and Child Benefit
• Access NHS treatment without charge
• Prepare and submit your SET(DV) application for ILR

It is essential to submit your SET(DV) application within the 3-month DDVC period. If the DDVC expires before you apply for ILR, you may become an overstayer. Many domestic violence support organisations and legal aid solicitors can help you prepare the application within the timeframe.

SET(DV) application: getting ILR

The SET(DV) form ("Settlement: victims of domestic violence") is the application for Indefinite Leave to Remain under the domestic violence provisions. Unlike the standard SET(M) route, there is no minimum period of residence required. You can apply even if you have only been in the UK for a few months.

Key features of the SET(DV) route

As the table shows, the SET(DV) route waives most of the requirements that apply to the standard spouse route. There is no English language requirement, no Life in the UK test, no financial requirement, and no absence limit. The application is assessed primarily on whether the relationship existed, whether it broke down, and whether the breakdown was caused by domestic violence or abuse.

Processing time

SET(DV) applications are typically processed within 6 to 8 weeks for standard service. Priority and super priority processing are also available. Applications are handled by a specialist team within the Home Office.

Evidence requirements

The Home Office must be satisfied, on the balance of probabilities, that your relationship broke down as a result of domestic violence or abuse. You do not need a criminal conviction of your former partner. The standard of proof is civil, not criminal.

Types of acceptable evidence

The Home Office guidance lists the following types of evidence that may be accepted:

• Court orders: Non-molestation orders, restraining orders, occupation orders, or any injunction against the abuser
• Police evidence: Crime reference numbers, witness statements, cautions, charges, or convictions relating to domestic violence
• Medical evidence: Letters or reports from a GP, hospital, or mental health professional documenting injuries or psychological harm
• Support organisation evidence: Letters from domestic violence charities, refuges, or support services confirming engagement
• Social services records: Reports from children's services, safeguarding teams, or housing authorities
• MARAC referral: A multi-agency risk assessment conference referral is considered strong evidence of serious domestic abuse
• Photographs or messages: Evidence of injuries, threatening messages, or abusive communications

Tips for gathering evidence

You do not need every type of evidence listed above - even a single strong piece of evidence such as a non-molestation order can be sufficient. However, where possible, provide multiple sources of evidence to strengthen your application. Key recommendations:

• Report incidents to the police as soon as it is safe to do so - even if no arrest is made, a crime reference number is valuable evidence
• Visit your GP and describe what has happened - medical records are contemporaneous evidence that carries significant weight
• Contact a domestic violence support organisation such as Rights of Women or the National Domestic Abuse Helpline - they can provide letters of support and help you navigate the process
• Keep copies of any threatening messages, emails, or voicemails
• If you have left the family home, note the date and circumstances - this is relevant to both the DDVC and SET(DV)

5-year vs 10-year route implications

Your options after a relationship breakdown depend partly on which route to ILR you were on.

5-year route (standard spouse/partner route)

The standard 5-year route requires a genuine and subsisting relationship throughout the qualifying period. If the relationship ends and there is no domestic violence, you cannot continue on this route. Your options are to switch to another visa or leave the UK. Time spent on the 5-year spouse route does not count towards Indefinite Leave to Remain (ILR) on a different route such as the Skilled Worker visa - you would start a new 5-year qualifying period on the new route.

10-year route (long residence)

If you have been living continuously and lawfully in the UK for a significant period, you may qualify under the 10-year long residence route. Unlike the 5-year spouse route, the 10-year route counts all lawful residence in the UK regardless of the visa category. Time on a spouse visa, followed by time on a work visa, followed by any other lawful leave - it all counts towards the 10-year total. This can be a fallback option for people who have been in the UK for many years and whose relationship breaks down close to the 10-year mark.

The 10-year route uses the SET(LR) form and has its own absence rules. You can read more in our Long Residence Route guide.

Comparison table

Switching to another visa route

If your relationship ends without domestic violence and you want to stay in the UK, switching to a different visa category is often the most practical option. You must do this before your current leave expires.

Skilled Worker visa

The most common switch is to a Skilled Worker visa. You will need a job offer from a licensed sponsor at the required skill level and salary threshold. If granted, you start a new 5-year qualifying period towards ILR on the Skilled Worker route.

Student visa

If you have a place at a licensed educational institution, you can switch to a Student visa. This does not lead directly to ILR but can buy you time in the UK while you study and potentially switch to a work visa afterwards.

Other routes

• Global Talent: If you are a recognised leader or emerging talent in academia, research, digital technology, arts, or culture
• Innovator Founder: If you have a viable business plan endorsed by an approved body
• Private life (Article 8): In exceptional cases, if you have strong ties to the UK (for example, long residence or a British child), you may be able to apply on the basis of your right to private life under Article 8 of the European Convention on Human Rights. This route has a 10-year route to ILR and is assessed on a case-by-case basis

Important considerations when switching

• You must apply to switch before your current visa expires - apply in time to benefit from Section 3C leave (automatic extension while your application is pending)
• Check whether your new visa category allows switching from within the UK - not all do
• Time on your spouse visa generally does not count towards the qualifying period for ILR on the new route
• The financial and eligibility requirements for the new route apply independently

Impact on children and dependants

A relationship breakdown has significant implications for children who are in the UK as dependants. Their immigration status and options depend on several factors.

Children born in the UK

A child born in the UK is automatically a British citizen if, at the time of birth, either parent is a British citizen or has ILR. If neither parent had settled status at the time of birth, the child is not automatically British but may be registered as British later (for example, after a parent obtains ILR or citizenship).

Dependent children on a spouse visa

Children who were included on the spouse visa or who hold their own dependant visa have leave that typically expires at the same time as the main applicant's visa. If the main applicant loses their right to remain, the children's leave is also at risk. However:

• If you apply under SET(DV), your children can be included in the ILR application as dependants
• If you switch to a different visa, children can usually apply as your dependants on the new route
• A British citizen child has an independent right to remain in the UK regardless of the parents' immigration status

Best interests of the child

Under section 55 of the Borders, Citizenship and Immigration Act 2009, the Home Office must have regard to the need to safeguard and promote the welfare of children. If removing a parent would not be in the best interests of a child, particularly a British citizen child or a child who has lived in the UK for 7 or more years, this is a strong factor in favour of allowing the parent to remain. This does not guarantee leave to remain, but it is a significant consideration in human rights-based applications.

Financial requirement changes after separation

Separating from your partner can create immediate financial difficulties, particularly because spouse visa holders often have no recourse to public funds (NRPF). Understanding the financial landscape is critical.

No recourse to public funds

While on a spouse visa, you have no recourse to public funds (NRPF). This means you cannot claim benefits such as Universal Credit, Housing Benefit, or Child Benefit. After separation, if you are left without financial support, this can create a crisis. The DDVC is designed to address this by granting temporary access to public funds.

Lifting the NRPF condition

Even outside the DDVC, if you are destitute or your child's welfare is at risk, you can apply to have the NRPF condition on your visa lifted by applying for a "change of conditions" to the Home Office. This is assessed on a case-by-case basis.

Local authority support

If you have children, local authorities have a duty under section 17 of the Children Act 1989 to safeguard children in need, regardless of immigration status. This can include accommodation and financial support. Contact your local council's children's services department if you are in need.

Financial requirements for switching visa

If you switch to a Skilled Worker visa after separation, the financial requirement is different from the spouse route - it is based on your salary meeting the relevant threshold for your occupation. You do not need to rely on a partner's income. If you apply under SET(DV), there is no financial requirement at all.

What to do immediately if your relationship breaks down

If your relationship has broken down and you are on a spouse or partner visa, take these steps as soon as possible:

1. Ensure your safety

If you are experiencing domestic violence, your immediate safety is the priority. Call the police on 999 in an emergency, or contact the National Domestic Abuse Helpline on 0808 2000 247 (free, 24 hours). The helpline can arrange emergency refuge accommodation.

2. Get immigration advice urgently

Contact an OISC-registered immigration adviser or a solicitor regulated by the SRA who specialises in immigration law. Many organisations offer free initial advice for domestic violence cases. Rights of Women runs a free immigration and asylum law helpline specifically for women experiencing violence.

3. Check your visa expiry date

Your existing leave to remain continues until its expiry date even after the relationship breaks down. Check the date on your BRP (Biometric Residence Permit) or digital immigration status. You must take action - either applying for DDVC, SET(DV), or switching to a new visa - before this date.

4. Gather and preserve evidence

If domestic violence is a factor, start gathering evidence as described in the evidence requirements section above. Report to the police, visit your GP, and contact a support organisation. Keep copies of all evidence in a safe place outside the family home.

5. Understand your financial position

If you are left destitute, apply for the DDVC immediately to access public funds. If you have children, contact your local authority's children's services. Do not assume you have no options - there are provisions specifically designed for people in your situation.

Costs and timeline for the DDVC route

Understanding the costs and timeline helps you plan ahead and seek financial support where needed.

Cost breakdown

Fee waivers

If you cannot afford the £2,885 SET(DV) fee, you can apply for a fee waiver. You must demonstrate that you are destitute (unable to meet essential living needs) or that paying the fee would render you destitute. The Home Office assesses fee waiver applications on a case-by-case basis.

Timeline

Legal help and resources

You do not have to navigate this process alone. There are many organisations that provide free or subsidised help to people whose relationships have broken down, particularly victims of domestic violence.

Free helplines and support

• National Domestic Abuse Helpline: 0808 2000 247 (free, 24 hours, run by Refuge)
• Rights of Women: rightsofwomen.org.uk - free immigration law helpline for women experiencing violence
• Southall Black Sisters: southallblacksisters.org.uk - specialist support for Black and minority ethnic women
• Galop: galop.org.uk - support for LGBT+ people experiencing domestic abuse
• Men's Advice Line: 0808 801 0327 - for men experiencing domestic violence

Legal aid

Legal aid is available for immigration cases involving domestic violence. This means a solicitor can represent you for free if you qualify. To find a legal aid solicitor, use the GOV.UK legal aid checker or ask a domestic violence support organisation for a referral.

Finding an immigration solicitor

If you need private legal advice, ensure your solicitor is registered with the Law Society or that your adviser is registered with the Office of the Immigration Services Commissioner (OISC). Be wary of unregistered advisers who charge high fees without proper regulation.

GOV.UK resources

• Domestic violence and abuse victim concession (DDVC) - official guidance
• Settle in the UK - official eligibility checker
• Application for benefits for visa holder - domestic violence

How ILR Tracker helps

Whether you are navigating a relationship breakdown, switching visa routes, or building your case for ILR through any route, ILR Tracker provides the tools you need to stay on top of your immigration journey.

• Track your absences: Use the ILR Absence Calculator to monitor your days outside the UK and ensure you stay within limits for your chosen route
• Check eligibility: The ILR Eligibility Calculator helps you understand when you become eligible for ILR on your current or a new visa route
• Prepare your documents: Use the ILR Document Checklist to make sure you have everything ready before you apply
• Understand costs: The UK Visa Cost Calculator breaks down the fees for any route, including SET(DV) and visa switching fees
• Plan for naturalisation: If you achieve ILR, the Naturalisation Calculator shows you when you can apply for British citizenship

If you are switching to a work visa route after a relationship breakdown, ILR Tracker helps you start tracking your new qualifying period from day one, so you never lose sight of your path to settlement.