Personal Immigration
Migrant Victims of Domestic Abuse
The Migrant Victims of Domestic Abuse Concession (MVDAC) provides a three-month temporary visa, access to public funds, and a path for further immigration applications to victims.
Migrant Victims of Domestic Abuse Concession
Support For Migrant Victims
If you are a migrant experiencing domestic abuse in the UK, the Migrant Victims of Domestic Abuse Concession (MVDAC) offers a path to safety and independence. Previously known as the Destitute Domestic Violence Concession (DDVC), the MVDAC provides temporary relief from your current immigration status, granting access to public funds and other resources.
During this three-month period, you must however:
- 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.
Policy Extension
Previously, this concession was limited to victims of domestic abuse within the UK, holding partner permission under Appendix FM. It now includes spouses, civil partners, or durable partners under Appendix EU with pre-settled status under the EU Settlement Scheme, as well as their dependent children. However, this policy does not cover all victims of domestic abuse, and not all individuals granted permission under this concession will be eligible for settlement under Appendix VDA.
Eligibility Requirements
Eligibility for the Migrant Victims of Domestic Abuse Concession is limited to individuals who currently have, or were last granted, permission as one of the following:
- Partner under Appendix FM (excluding permission as a fiancé, fiancée, or proposed civil partner) of:
- A British citizen
- A person settled in the UK
- A European Economic Area (EEA) national in the UK with limited leave to enter or remain granted under paragraph EU3 of Appendix EU.
- 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 qualifying British citizen
- A joining family member of a relevant sponsor
- A family member who has retained the right of residence under Appendix EU.
- Partner under Appendix FM, Part 11, or Appendix Family Reunion (Protection) of a person with refugee status.
- Partner of a person present and settled in the UK under paragraph 285 or 295E of Part 8.
- 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.
- Partner of a person with permission to enter or stay on a work route or as a student.
Additionally, you must meet the following criteria:
- The relationship has ended due to domestic abuse.
- You require a short period of permission to stay independent from your sponsor partner or lead student or worker applicant.
- You seek the option to apply for access to public funds.
Appendix Victim of Domestic Abuse (VDA)
Under the new Appendix Victim of Domestic Abuse, you may obtain settlement if you currently hold or were last granted permission as a partner on a specified route and your relationship has permanently ended due to domestic abuse. Applications must be made from within the UK unless you have been abandoned overseas.
Permission Under this Concession
Permission under this concession is granted outside the Immigration Rules. If granted, you can apply under Appendix Victim of Domestic Abuse (Appendix VDA) or submit human rights applications. However, this permission may not qualify you for other immigration routes. 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. Note that a three-month permission granted outside the rules may not lead to eligibility for other immigration routes.
When granted permission to stay under this concession, it will be for a limited period of three months or until a decision is made on any further application you submit 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, you 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. You are eligible if you:
- 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
If you are on a work route, most categories under the Immigration Rules permit dependent partners, and you may be included under this concession. A work route involves any economic purpose, including longstanding routes like UK Ancestry, closed routes such as Turkish worker/businessperson, and newer routes like High Potential Individual.
If you are a dependent partner under the Hong Kong British National (Overseas) route, you are excluded from this concession. You can independently apply for further permission and settle after a relationship breakdown and make a change of conditions application if you need access to public funds.
Children
You 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 typically applies if the child relies on your sponsor for their immigration status. You 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, they should be disregarded.
Application Process
Applying for the MVDAC
To access refuge and support under the MVDAC, follow these steps:
- Complete the LOTR (DVV) Form: Fill out the Leave Outside the Rules (LOTR) form specifically designed for victims of domestic violence. This form is available on the government website or through your legal representative.
- Authorise Information Sharing: Within the LOTR (DVV) form, sign the declaration permitting the Home Office to share your case details with relevant organisations such as social services, legal representatives and the Department for Work and Pensions (DWP). This authorisation is crucial for accessing necessary support and resources.
- Submit Your Application: Send your completed LOTR (DVV) form to the Home Office. Request an email confirmation of receipt for your records. The Home Office aims to process applications 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 your 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: Submit any further applications, such as 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 processed.
- Accessing Public Funds: Apply separately to the DWP to access public funds. Eligibility will be assessed based on standard DWP criteria.
Section 3C Leave
Section 3C leave 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.
Support From Legal Pathway Solicitors
For a stronger application, consult an immigration solicitor specialising in domestic abuse cases. At Legal Pathway Solicitors, we have extensive experience in both immigration and domestic abuse cases. We assist in gathering and presenting the necessary evidence for your MVDAC application and further immigration applications under Appendix VDA or other routes.
Why Choose Legal Pathway Solicitors?
- Expertise in Immigration and Domestic Abuse Cases: Our solicitors are highly experienced and knowledgeable in handling complex cases involving immigration and domestic abuse.
- Personalised Support: We provide compassionate and personalised legal support to help you navigate the immigration process.
- Proven Track Record: We have a strong track record of successfully assisting clients in securing their immigration status and accessing public funds.
- Affordable Fixed Fees: Our services are offered at competitive and transparent rates, ensuring you receive high-quality legal assistance without financial stress.
Take the First Step Towards Freedom
Contact Legal Pathway Solicitors today for a confidential consultation. Our dedicated team is here to protect your rights and guide you through every step of the process. Find the strength and support you need to move forward with confidence. Let us help you reclaim your independence and build a brighter future.
