Statement of Changes: Victim of Domestic Abuse route extended to adult children

From 8 October 2026, those with permission to stay in the UK as a dependent child will be eligible to apply for Indefinite Leave to Remain in the UK if the relationship with their parent, or with their parent’s partner, has broken down permanently because of domestic abuse. Until now, people in such circumstances were unable to apply under Appendix Victim of Domestic Abuse (“Appendix VDA”) and would instead have needed to qualify under an alternative immigration route or leave the UK.

What is changing under the Victim of Domestic Abuse route?

The Government has announced an important change to Appendix VDA in its Statement of Changes to the Immigration Rules, HC 584, published on 3 September 2026.

Until now, the Victim of Domestic Abuse settlement route has primarily focused on partners whose relationship has broken down because of domestic abuse. The updated rules expand the route to include certain adult dependent children.

From 8 October 2026, turning 18 years of age no longer means losing your right to stay in the UK simply because your immigration status depended on your parent, and the relationship has broken down due to domestic abuse. If you hold, or last held, permission as a child under one of the specified categories, and domestic abuse has permanently broken your relationship with your parent or their partner, you may now qualify for settlement in your own right. Turning 18 should no longer automatically mean that an adult child affected by domestic abuse is left without a settlement route simply because their immigration status depended on their parent.

How does the new rule affect adult dependent children?

This change impacts adult children who have lived in the UK as dependants while facing abuse at home.

This is an important shift to recognising that domestic abuse does not only affect spouses or partners. It can also take place between a parent and an adult child, and the fallout from it goes beyond the psychological consequences. It can put that person’s entire right to remain in the UK at risk.

The new rules cover applicants who have, or last had, permission as a child under specified routes, including certain family, refugee, EU Settlement Scheme and Armed Forces categories. As eligibility hinges on the exact category involved, the first step is always to check your previous grant of permission carefully.

There is also an important distinction between:

• an adult child applying in their own right because their relationship with their parent or the parent’s partner broke down due to domestic abuse; and
• a dependent child applying as a victim of domestic abuse, who may also apply under the separate provisions of Appendix VDA.

The amended rules now make clear that a dependent child, even one who has already turned 18, can apply under the relevant child provisions alongside or after their parent, thus avoiding being left behind.

Costs and processing times for Victim of Domestic Abuse applications

The application fee currently stands at £3,226.00 per person.

This applies to all qualifying applicants:

• an adult child applying in their own right;
• a parent; or
• a dependent child applying alongside them.

However, this is one of the few settlement routes where a fee waiver may be available. If paying the fee would leave an applicant unable to meet their basic living costs, they can ask the Home Office to waive it, supported by appropriate evidence. Given what many applicants in this position may have already been through, this can make a real difference to whether the route feels accessible at all.

As for timing, applications made from within the UK are usually decided within six months under the standard service, though cases that are more complex, or that call for further evidence or an interview, can take longer.

With the sensitivity that surrounds these cases, getting the application right from the outset matters. A rushed or poorly evidenced application risks refusal, delay and the added burden of having to reapply.

Common mistakes when applying under the Victim of Domestic Abuse route

Domestic abuse cases can be highly personal and difficult to document. However, the fact that a situation is difficult does not mean that evidence is unnecessary.

1. Assuming that being over 18 automatically qualifies you

The new rules apply to specific immigration categories and circumstances.

2. Not checking your previous immigration status

The route access depends on the permission you currently have or were last granted. 

3. Focusing on only one form of abuse

Domestic abuse can take different forms, and the evidence should explain the circumstances clearly.

4. Waiting too long to seek advice

Immigration status can add an extra layer of pressure to an already difficult situation.

5. Assuming that one piece of evidence is enough.

Depending on the circumstances, a case may involve a combination of documents, correspondence, medical evidence, police records, statements from professionals and your own account.

Above all, you do not have to wait until things feel unbearable to reach out for legal advice. Understanding your options early can make all the difference.

Gherson insight

Extending Appendix VDA to adult dependent children is a significant step forward. It finally recognises a group who, until now, could find themselves in an especially difficult position.

The Government’s explanatory memorandum confirms that the change follows concerns arising from litigation in Northern Ireland involving an adult child who alleged domestic abuse by the parent on whom their immigration status depended. The Government concluded that the Immigration Rules should be amended to include adult child dependants within the Victim of Domestic Abuse settlement framework.

However, the new route is not simply a matter of showing that domestic abuse occurred. The immigration history, relationship, nature of the abuse and permanent breakdown of the relationship all need to be considered carefully.

This is why obtaining tailored immigration advice can be particularly valuable. A well-prepared application should tell the story clearly, whilst also addressing the specific requirements of the Immigration Rules.

Frequently Asked Questions

When does the new adult child route come into effect?

The changes to Appendix Victim of Domestic Abuse take effect on 8 October 2026. Applications made before the relevant changes come into force will generally be decided under the Immigration Rules in force at the time of the application.

Can an adult child apply for settlement if their parent is abusive?

From 8 October 2026, the amended rules allow an applicant aged 18 or over who has, or last had, permission to stay in the UK as a child under a specific immigration category to rely on the permanent breakdown of the relationship with their parent or their parent’s partner because of domestic abuse.

Does the adult child have to apply at the same time as their parent?

The amended rules confirm that a main applicant’s dependent children, including those aged 18 or over, may apply under the relevant provisions at the same time or after their parent.

Do I need a police report to prove domestic abuse?

A police report is not the only way to establish domestic abuse. The appropriate evidence will depend on the circumstances of each case. It is therefore important to obtain advice on what evidence may be available and how it should be presented.

Can I apply if I have already left my family home?

Leaving an abusive environment does not preclude an application. However, the Immigration Rules contain specific requirements, including those concerning the applicant’s immigration status and the permanent breakdown of the relevant relationship. Each case needs to be assessed individually.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on complex immigration matters, including applications for settlement as victims of domestic abuse and the impact of changes to the Immigration Rules. For any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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