Migrant Victims of Domestic Abuse Concession
If you are a migrant experiencing domestic abuse in the United Kingdom, the Migrant Victims of Domestic Abuse Concession (MVDAC) can provide a viable route to safety and independence.
Formerly known as the Destitute Domestic Violence Concession (DDVC), the MVDAC offers a temporary reprieve from your current immigration status, granting you access to vital resources and legal protection.
How Domestic Abuse Concession Works in the UK?
The new Migrant Victims of Domestic Abuse Concession provides vital support to migrant victims of domestic abuse by granting a 3-month temporary visa, allowing access to public funds, and facilitating further immigration applications.
This concession enables the victims of domestic abuse to leave an abusive relationship and find safety. During this three-month period, the victim must take one of the following actions to address their immigration status:
- Apply for permission to stay under a relevant immigration route
- Apply for settlement using form SET (DV) if eligible under Appendix Victim of Domestic Abuse (Appendix VDA)
- Make arrangements to leave the UK
Recent Updates in Domestic Abuse Concession
Previously, the concession was limited to victims of domestic abuse within the UK, holding partner permission under Appendix FM. This now includes spouses, civil partners, or durable partners under Appendix EU with pre-settled status under the EU Settlement Scheme, including those granted or currently holding such status based on retained rights, as well as their dependent children.
However, it should be noted that this policy does not cover all victims of domestic abuse, and not all individuals granted permission under this concession will be eligible to apply for settlement under Appendix VDA.
Support for Migrant Victims (SMV) Scheme
The MVDAC policy extension is a response to the findings of the Support for Migrant Victims (SMV) Scheme. The SMV Scheme was designed to help migrant victims of domestic abuse who do not have access to public funds secure safe accommodation.
What is Appendix Victim of Domestic Abuse (VDA)?
Under the new Appendix Victim of Domestic Abuse, applicants may obtain settlement if they currently hold or were last granted permission as a partner on a specified route and the relationship has permanently ended due to domestic abuse. Applications must be made from within the UK unless the applicant has been abandoned overseas.
Permission Under this Concession
Permission under this concession is granted outside the Immigration Rules. If granted permission, you can make applications under Appendix Victim of Domestic Abuse (Appendix VDA) or human rights applications. However, it may not be possible to qualify for other immigration routes with this permission.
Partners of individuals with permission to enter or stay on a work route or as a student are not eligible to apply under Appendix VDA. It is important to understand that a grant of 3 months’ permission outside the rules may not lead to eligibility for any other immigration route.
When you are granted permission to stay under this concession, it will be for a limited period of 3 months or until a decision is made on any further application submitted within this initial period. This permission allows you to apply for access to public funds and will replace any current permission you may have.
EU Settlement Scheme (EUSS)
Under Appendix EU, a person can be granted limited leave to enter or remain (pre-settled status) as a spouse, civil partner, or durable partner of a relevant EEA citizen, a qualifying British citizen, or a relevant sponsor. This applies if they are or were previously in such a relationship.
Eligibility includes those who:
- Were granted pre-settled status as a spouse, civil partner, or durable partner of the mentioned person.
- Have become a “family member who has retained their right of residence” under Appendix EU.
However, aside from dependent children, other family members who have or last had pre-settled status or an EUSS family permit are ineligible.
Work Routes for Migrant Victims of Domestic Abuse
Most categories under the Immigration Rules relate to work. While not all work routes permit dependent partners, those that do are included under this concession. A work route is broadly defined as any route involving an economic purpose, including longstanding routes like UK Ancestry, closed routes such as Turkish worker/businessperson, and newer routes like High Potential Individual.
However, dependent partners under the Hong Kong British National (Overseas) route are excluded from this concession, as they can independently apply for further permission and settle after a relationship breakdown. They can also make a change of conditions application if they need access to public funds.
Can Children be Included in the Application?
Applicants can include any dependent children under 18, or over 18 if they were last granted permission as a dependent child and are not living independently. This is typically when the child relies on the partner’s sponsor for their immigration status. A parent of the child must be granted permission under the concession, either previously or at the same time.
If a dependent child already has settlement or is a British citizen but is included on the form, disregard this.
How to Apply for the MVDAC in the UK?
To seek refuge and support under the MVDAC, the application process includes the following:
Complete the LOTR (DVV) Form: Fill out the Leave Outside the Rules (LOTR) form specifically designed for victims of domestic violence (DVV). This form is available on the government website or through your legal representative.
Authorise Information Sharing: Within the LOTR (DVV) form, you will need to sign a declaration allowing the Home Office to share your case details with relevant organisations such as refuges, social services, legal representatives, or the DWP.
Submit Your Application: Send your completed LOTR (DVV) form to the Home Office. If possible, request an email confirmation of receipt for your records. The Home Office aims to process notifications within five working days.
Eligibility Requirements for Domestic Abuse Concession
Applicants can apply for UK Spouse Visa Extension for an additional 2 years and 6 months, bringing them closer to the required 5-year residency period needed for Indefinite Leave to Remain (ILR). You must apply before your current visa expires and meet the following ongoing requirements:
1. Eligible Partners Under Appendix FM
- Individuals must be partners (excluding fiancé/fiancée/proposed civil partners) of a British citizen, settled person, or EEA national.
- Permission must have been granted under Appendix FM or paragraph EU3 of Appendix EU.
- Must meet condition 1 in paragraph EU14 of Appendix EU where applicable.
2. Eligible Partners Under Appendix EU
- Spouses, civil partners, or durable partners with limited leave as family members of relevant EEA or qualifying British citizens.
- Includes joining family members or those who have retained the right of residence.
- Permission granted under paragraph EU3 or EU3A of Appendix EU.
3. Partners of Refugees or Settled Individuals
- Partners of persons with refugee status under Appendix FM, Part 11, or Family Reunion (Protection).
- Partners of individuals present and settled in the UK under paragraph 285 or 295E of Part 8.
- Partners under Appendix Armed Forces or Part 7, excluding fiancé/fiancée/proposed civil partners.
4. Partners of Work or Student Visa Holders
- Partners of persons with permission to enter or stay via work routes.
- Partners of persons studying in the UK with valid leave.
- Permission must align with the original visa route of the sponsor.
5. Additional Eligibility Criteria
- The relationship has ended due to domestic abuse.
- The applicant needs a short period of independent permission to stay.
- The applicant may seek the option to access public funds.
What Happens After Being Granted Permission to Stay?
1. Grant of Permission to Stay
- If you meet the MVDAC criteria, you will be granted LOTR for three months.
- This temporary status allows you to work and access certain benefits.
- LOTR ensures you remain lawfully in the UK while arranging further permissions.
2. Confirmation and Biometric Residence Permit (BRP)
- You will receive a formal letter confirming your LOTR grant.
- The letter may confirm eligibility to apply for settlement under Appendix VDA, if applicable.
- A Biometric Residence Permit (BRP) will be issued to prove your status.
3. Applying for Further Immigration Permissions
- Submit any further applications, such as settlement under Appendix VDA (form SET (DV)), before your LOTR expires.
- Applying on time ensures you are covered under section 3C leave.
- Section 3C leave protects you from becoming an overstayer while your application is processed.
4. Accessing Public Funds
- You must apply separately to the DWP to access public funds.
- Eligibility for these funds will be assessed based on standard DWP criteria.
- Approval is not automatic and depends on meeting DWP requirements.
5. Section 3C Leave and Assistance
- Section 3C leave extends your permission to stay if you submit a valid application before your current permission expires.
- This protection continues until a decision is made, including through any review or appeal process.
- Seeking guidance from a solicitor specialising in immigration and domestic abuse cases is highly recommended.
