Domestic Violence Applications

If you are in immediate danger, call 999. If you cannot speak safely, follow the emergency operator’s instructions.

Overview

The Immigration Rules provide a specific route to settlement for certain people whose relationship has permanently broken down as a result of domestic abuse.

This means that leaving an abusive relationship does not necessarily mean that you will lose your ability to remain in the UK.

Domestic abuse is not limited to physical violence. It can include controlling or coercive behaviour, psychological or emotional abuse, sexual abuse, financial or economic abuse, threats and other forms of harmful behaviour.

Abuse relating to immigration status can also be relevant. This may include threats concerning a person’s immigration position, withholding documents or using immigration dependency as a means of control.

The correct immigration option depends on the type of permission you currently hold or last held.

Who May Qualify for Settlement?

Settlement under the Victim of Domestic Abuse route may be available to certain people who have, or were last granted, permission as a partner on a qualifying immigration route and whose relationship has permanently broken down because of domestic abuse.

Qualifying categories include certain partners of:

• British citizens;
• People settled in the UK;
• Refugees;
• Certain people with status under the EU Settlement Scheme; and
• Certain members or former members of HM Armed Forces.

Other specified partner categories may also qualify.

In limited circumstances, a person who has been abandoned outside the UK as a result of domestic abuse may also be able to apply.

The precise immigration history should always be checked before an application is made.

What Is the Migrant Victims of Domestic Abuse Concession?

The Migrant Victims of Domestic Abuse Concession (MVDAC) provides temporary immigration protection for certain people in the UK whose immigration status depends on an abusive partner.

Where the requirements are met, the concession normally provides three months’ temporary permission to stay independently of the sponsoring partner and allows the person to apply for public funds, subject to the normal eligibility requirements for benefits.

The concession can provide important time to reach a place of safety and consider the person’s longer-term immigration options.

Eligibility for the MVDAC is wider than eligibility for settlement under the Victim of Domestic Abuse route. For example, certain dependent partners of people on work or Student routes may qualify for the concession but may need to make a different immigration application afterwards.

A grant under the MVDAC does not by itself guarantee settlement.

Key Requirements for Settlement

The main requirements include:

• Having, or having last been granted, permission in a qualifying partner category;
• The relationship having permanently broken down as a result of domestic abuse; and
• Meeting the relevant suitability requirements.

Every case is considered on its individual circumstances.

Evidence of Domestic Abuse

There is no single document that every applicant must provide.

Evidence may include, where available:

• Police or court records;
• Medical records;
• Evidence from a refuge or domestic abuse support organisation;
• Social services or other professional evidence;
• Relevant correspondence or messages;
• Financial or other records demonstrating controlling behaviour; and
• The applicant’s own detailed account of what happened.

An applicant should not assume that they cannot make an application simply because the police were not involved or because they do not have a particular type of document.

The Home Office considers the evidence as a whole.

How It Works

1. Confidential initial assessment. We assess your immigration position and identify whether you may qualify for settlement, the MVDAC or another immigration route. We can also agree safe and appropriate ways to communicate with you.
2. Temporary immigration support. Where appropriate, we can advise on the MVDAC and the temporary immigration protection that may be available while longer-term options are considered.
3. Preparing the evidence. We help identify the evidence that is realistically available and relevant to your circumstances.
4. Settlement or further immigration application. Where you qualify, we can prepare the application and detailed supporting representations. If the settlement route is not available, we can advise on any alternative immigration options.

How Bekenbey Solicitors Can Help

We understand that immigration dependency can make it particularly difficult to leave an abusive relationship.

Our immigration team can assess your position confidentially, explain the options available to you and assist with the appropriate application without requiring the involvement of your sponsoring partner.

We can also agree a safe method of communication with you where confidentiality or access to your phone, email or documents is a concern.

This article provides general information only and does not constitute legal advice. Immigration law and Home Office policy are subject to change, and individual advice should be obtained about your particular circumstances.