Definition of Domestic Violence or Abuse

Table Of Contents

1. The amended Concession – Migrant Victims of Domestic Abuse Concession
2. Appendix Victim of Domestic Abuse (VDA)
3. Abandonment
4. Fees for the application
5. Evidence in support of the application
6. Suitability Requirement
7. Challenging decisions – administrative review and judicial review, appeals

The domestic abuse has been defined under Section 2 of the Domestic Abuse Act (DAA) 2021, which is a behaviour of a person towards another is considered to be “domestic abuse” if They are aged above 16 years and are personally connected and the behaviour is abusive.

Abusive – is defined under section 3 of the DAA 2021 as sexual or physical, violent of threatening, controlling or coercive, economic abuse or psychological, emotional or other abuse. It does not matter if the behaviour is a single occurrence or course of conduct over time.

Personally Connection – they are married, civil partners have agreed to marry each other, they have entered into a civil partnership agreement, are in an intimate personal relationship have had parent relationship in relation to a same child or are relatives.

Thus, the domestic abuse now includes children and above from relatives other than spouse or partner.

The Amended Concession – Migrant Victims of Domestic Abuse Concession (MVDAC)

Under the UK immigration law protection is provided to people holding spouse or partner visa under Appendix FM or Appendix EU, partner or spouse of Student visa or skilled worker visa and the relationship broke down due to domestic violence.

People who entered as a partner or spouse under the Appendix FM or Appendix EU rules where a partner, civil partner and a durable partner or Appendix Family Reunion or Appendix Armed forces can apply for Settlement or ILR. Kindly note leave as a fiancé or proposed civil partner is not covered for ILR or Settlement application. All other applicants can only be granted 3 months of leave to remain under MVDAC.

Partner and Spouse with leave to enter or remain under Appendix FM or EU can apply for 3 months leave under MVDAC and access benefits or accommodation to keep themselves away from the abuser without being financially dependent on them.

Under the new rules Appendix Victim of Domestic Abuse where a spouse or partner has been abandoned overseas can also apply for Indefinite Leave to Enter.

MVDAC was introduced in February 2024 and replaced Destitute Domestic Violence and extends to all categories where an applicant can become financially independent from the abuser.

If your relationship has broken down as a result of domestic abuse then you can submit a MVDAC form to the Home Office.

Appendix Victim of Domestic Abuse (VDA)

The rules provide settlement to victims of domestic abuse for people inside the UK and also partner or spouses which may have been abandoned outside the UK.

An applicant must submit a valid application, if you had been abandoned outside the UK you can complete return to the UK form. For applicants inside the UK can complete SET (DV) and children can complete SET (F) form.

You may need to pay the fee unless you have been granted a fee waiver or MVDAC. The applicants will need to complete the biometrics and should submit their passports.

You also need to meet the Suitability requirement that you do not fall under the General Grounds for refusal under Part 9 of the Immigration Rules except para 9.8.4 (a).

In order to be Eligible under the Appendix VDA you must prove that your relationship has broken down permanently with –

• A British citizen or EEA National – you were granted a leave to enter of remain under Appendix FM as a partner of a British National or a person holding Indefinite leave to remain except as a fiancé or under Appendix EU – paragraph EU 3 as a spouse, civil partner or durable partner of an EEA National;
• Partner of a refugee – if you were granted a stay as a partner of a refugee under Appendix FM you will be eligible to apply under Appendix VDA
• Partner under Appendix Armed forces

Abandonment

If your partner abandons you overseas usually which is without any financial resources with an aim to prevent you from returning to the UK, you can make an application under Appendix VDA for indefinite leave to enter from outside the UK.

This has been adopted into the Appendix VDA after the case R (AM) v. SSHD [2022], where it was concluded that preventing an applicant who has been abandoned abroad to apply for returning to the UK was disproportionate interference with their Article 8 rights as well as a breach of Article 14 ECHR.

The evidence will be considered including evidence of previous abuse whilst in the UK.

If you have children then a separate application should be submitted for each child.

Fees for the application

The fee for the applications from inside or outside the UK is £2885, however if you do not have adequate accommodation or means of obtaining one or you cannot afford to make the payment because it might make you destitute or you cannot meet the essential living needs.

For an application under Appendix VDA you do not need to meet the English test or Life in the UK test requirements.

Evidence in support of an application

The evidence required in connection with an application under Appendix VDA is generally based on circumstances which occurred, for example – did the person maintain diary of abuse, was the police informed, did anyone else see the abuse taking place, is there a non-molestation order to an occupation order in place or is there a charity involved, hence the evidence if dependent on the circumstances of the application.

Suitability Requirement

The applicant should not fall for refusal under the Part 9 general grounds for refusal except paragraph 9.8.4, which relates to overstaying. If you have ended up overstaying because of the Domestic Abuse, then you can make an application without any problem provided you relationship has broken down due to domestic abuse.

Challenging decisions – administrative review and judicial review, appeals?

In the event if your application is refused then you will get right to an administrative review, however if you raised human rights grounds then you will be granted right to an appeal to the First- tier Tribunal on the human rights grounds.

In connection with a judicial review, you first need to seek this on the basis of illegality, irrationality or procedural impropriety. You will lodge a pre-action protocol letter identifying the unlawfulness and the remedy sought. The judicial review must be done within the three months period.

If you are successful with the judicial review the decision will be sent to the Home Office for reconsideration.

How can we help?

Visa and Migration ltd has a great wealth of experience in representing Domestic Abuse cases, you can discuss your case by calling us on 02034111261. Every case is different and potentially discussing things when the abuse may be taking place is best to put the applicant is a favourable position.