Migrant Victims of Domestic Abuse

Migrant Victims of Domestic Abuse Concession (MVDAC) 

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.

This concession grants a temporary period of independent immigration status and financial support to certain partners who are victims of domestic abuse, enabling them 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

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.

Migrant Victims of 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.

Eligibility Requirements

Eligibility for this concession is limited to individuals who currently have, or were last granted, permission as one of the following:

• A partner under Appendix FM (excluding permission as a fiancé, fiancée, or proposed civil partner) of a British citizen, a person settled in the UK, or a European Economic Area (EEA) national in the UK with limited leave to enter or remain granted under paragraph EU3 of Appendix EU, based on meeting condition 1 in paragraph EU14 of Appendix EU.
• A spouse, civil partner, or durable partner under Appendix EU with limited leave to enter or remain as a family member of a relevant EEA citizen (or a qualifying British citizen), as a joining family member of a relevant sponsor, or as a family member who has retained the right of residence, granted under paragraph EU3 or EU3A of Appendix EU.
• A partner under Appendix FM, Part 11, or Appendix Family Reunion (Protection) of a person with refugee status.
• A partner of a person present and settled in the UK under paragraph 285 or 295E of Part 8.
• A partner under Appendix Armed Forces or Part 7 (excluding permission as a fiancé, fiancée, or proposed civil partner) of a person who is or was a member of HM Armed Forces.
• A partner of a person with permission to enter or stay on a work route or as a student.

Additionally, the applicant must meet the following criteria:

• The relationship has ended due to domestic abuse.
• The applicant requires a short period of permission to stay independent from their sponsor partner or lead student or worker applicant.
• The applicant seeks the option to apply for access to public funds.

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

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.

Children

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.

Application Process

Applying for the Migrant Victims of Domestic Abuse Concession (MVDAC)

To seek refuge and support under the MVDAC, the application process includes the following:

1. 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.
2. 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 Department for Work and Pensions (DWP). This authorisation is essential for facilitating your access to necessary support and resources.
3. 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.

Being Granted Permission

• Grant of Permission to Stay: If you meet the MVDAC criteria, you will be granted leave outside the rules (LOTR) for three months. This temporary status allows you to work and access public funds.
• Confirmation and Biometric Residence Permit (BRP): You will receive a letter confirming the grant of LOTR and your eligibility to apply for settlement under Appendix VDA, if applicable. A BRP will also be issued.
• Applying for Further Immigration Permissions: It is crucial to submit any further applications, such as an application for settlement under Appendix VDA (using form SET (DV)), before your three-month LOTR expires. Submitting a valid application before the expiry date ensures you benefit from section 3C leave, protecting you from becoming an overstayer while your application is being processed.
• Accessing Public Funds: Remember that you must apply separately to the DWP to access public funds. Eligibility for these funds will be assessed based on the standard DWP criteria.

Section 3C Leave

This important provision extends your permission to stay if you submit a valid application before your existing permission expires. This protection continues until a decision is made on your application and, if applicable, through any administrative review or appeal process.

Assistance

The immigration process can be daunting, especially after experiencing domestic abuse. It is always recommended to seek guidance from an immigration solicitor specialising in immigration and domestic abuse cases to ensure your application is handled effectively.

Support from Axis Solicitors

At Axis Solicitors, located in London, Birmingham, and Manchester, we specialise in providing dedicated support to migrant victims of domestic abuse. Our experienced immigration solicitors are adept at handling domestic abuse cases and can guide you through the necessary immigration applications required to remain in the UK after benefiting from this concession.

If you are a migrant victim of domestic abuse, then Axis Solicitors is here to help. Our immigration solicitors understand the unique challenges you face, and we are committed to providing you with a free initial assessment. During the initial assessment, we will present the most suitable strategy for your situation and explain how we can support you throughout the legal process.

Our Services:

• Expert Advice: We will guide you through the MVDAC application process, ensuring you understand your options and eligibility.
• Application Preparation: Our team will prepare your application, ensuring it meets all requirements and presents your case in the strongest possible light.
• Further Immigration Applications: Our Immigration Solicitors will assist you in applying for any necessary immigration routes following the MVDAC, such as applying for settlement under Appendix VDA or exploring other options.

Convenient and Confidential

Take advantage of our confidential free initial assessment to discuss your individual circumstances and immigration needs. Arrange a remote meeting to discuss our legal services via phone or video call, whichever is most convenient for you. We also offer all our clients to visit the London, Birmingham or Manchester offices for in-person meetings, if you prefer.