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You may be eligible for settlement (‘indefinite leave to remain’) if you’ve experienced domestic violence as the partner of a:

• spouse
• civil partner
• unmarried or same-sex partner of any of the following:
  • British citizen
  • settled person
  • member of HM forces who has served for at least 4 years

You must prove:

• your relationship was genuine and ongoing when you were last given permission as a partner
• you were the victim of domestic violence from your partner, their family, or both, and this is why your relationship has broken down

You do not need to take the Life in the UK Test or prove your English language skills.

Your application should be made as soon as is practicably possible after your relationship has broken down as a result of domestic violence - you should not wait until the end of your current permission to remain. It is in your interests to apply as early as possible. You must be in the UK when you apply.

You may be eligible to apply for settlement (indefinite leave to remain in the UK) if your partner has died. Your partner must have either:

• been a British citizen
• had indefinite leave to remain in the UK
• been from the EU, Switzerland, Norway, Iceland or Liechtenstein and had pre-settled status

Your permission to be in the UK must have been based on being their partner as part of a family visa. A ‘partner’ is one of the following:

• your spouse (husband or wife)
• your civil partner
• someone you were living with in a relationship that’s like a marriage or civil partnership

Your permission to be in the UK must be based on your relationship.

Before your partner died, you must have got a family visa as their partner (but not as their fiancé, fiancée or proposed civil partner).

When your partner died, you must have:

• been living together in the UK
• intended to live together permanently in the UK

Your partner must not have been living permanently in any another country.

You do not need to take the Life in the UK Test or prove your English language skills.

You need a Returning Resident visa to come back to live in the UK if you were previously settled (given ‘indefinite leave to enter or remain’) and you’ve been away for more than 2 years.

You must:

• plan to return to live in the UK permanently
• have been settled in the UK before you last left
• not have been given public funds to help you leave the UK

If you’ve been away for more than 2 years

You must provide enough evidence to show:

• your strong ties to the UK
• your current circumstances and why you’ve lived outside the UK

You will not lose your indefinite leave to remain after 2 years outside the UK if your spouse or partner is a member of the UK armed forces and you’ve joined them on an overseas posting.

You also will not lose it if your spouse or partner is a British citizen or settled in the UK and one of the following:

• a permanent member of the Diplomatic Service
• a UK-based British Council employee who works outside the UK
• a Department for International Development (DFID) employee
• a Home Office employee