The New Domestic Violence Concession & Immigration Rules

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Hi and welcome to this latest immigration law update video. In this video, I wanted to look at the new concession in relation to domestic violence and the new immigration rules.

So, the domestic violence concession has now been renamed and expanded, and it's called the migrant victims of domestic abuse concession. The domestic violence rules have now been put into a separate appendix of the immigration rules, effective from the 31st of January 2024. That's Appendix Victim of Domestic Abuse.

If you want my free resources and immigration law updates, do click on the link. I'll put the link in the video description or just scan the QR code, and I'll bring that up at the end.

So, we have the new migrant victims of domestic abuse concession, and the Home Office has put it in guidance. At the time of recording, it was last updated on the 29th of January 2024. As with all my videos, check for updates.

The title of the concession has been changed from the DDVC (the Destitute Domestic Violence Concession) to the migrant victims of domestic abuse concession. And now, it includes partners of those on work and economic routes.

The concession states: 'This concession provides a short period of independent immigration status and financial support to certain partners who are victims of domestic abuse, allowing them to leave an abusive relationship to a position of safety and support during this three-month period of permission.' So, it's permission outside the rules for three months.

The victim must do one of the following to address their immigration status: apply for permission to stay in a relevant immigration route, apply for settlement on Form Set DV where they are eligible to do so under Appendix Victim of Domestic Abuse, or make arrangements to leave the United Kingdom.

This concession, which previously only provided for a victim of domestic abuse in the UK with permission as a partner under Appendix FM or Appendix Armed Forces, has been expanded to provide a three-month period of status and temporary support to a migrant victim of domestic abuse in the UK as a dependent partner of a migrant in the UK with permission on a work route or as a student. This is now in addition to the previous policy of providing the same period of immigration status and temporary support to a victim of domestic abuse in the UK with permission as a partner under Appendix FM or Appendix Armed Forces.

The policy does not provide for all victims of domestic abuse, and not everyone granted permission under this concession will be eligible to apply for settlement under Appendix VDA. So, even though they've expanded it to dependents of those on a work route or students, those individuals will not be able to apply for settlement and will only get the three months outside the rules. Then they will either have to leave or switch into another relevant route, and they'll have to be able to switch with leave outside of the rules.

The application process is set out here. I haven't put the whole of the concession within my slides; I've just extracted some key bits. This sets out the application process under the concession, and you have to complete and support the LOTR DVV form. It sets out where you submit it and how postal applications will also be accepted. Those who meet the criteria of the MVDC must be granted leave outside of the rules for three months on conditions permitting employment with no prohibition on recourse to public funds. You must send them a letter which confirms you've been granted leave outside of the rules (DDV) and issue a status document conferring that status by way of a Biometrics Residence Permit. You should confirm in the letter whether the applicant is eligible to make an application for settlement under Appendix VDA via Form Set DV or whether they're not eligible to do so.

They've expanded this concession, but only certain people will then be able to apply for settlement. The letter should explain that the letter granting leave outside the rules will inform applicants that they must submit any further application, including a Set DV if eligible, before the expiry date of their permission. If an application is validly made before the expiry date, the applicant will benefit from Section 3C leave until their application is decided. If they fail to submit another application before the expiry date of their permission, they could become an overstayer, losing entitlement to public funds and may be removed. They must also be informed that they should make a separate application to the Department for Work and Pensions to receive public funds, which will be assessed against the normal DWP criteria.

A granted permission under the MVDC is a recognition that an applicant declared themselves a victim of domestic abuse who required immigration status independent from their partner because of the relationship breaking down due to domestic abuse with recourse to public funds were eligible and does not guarantee that any subsequent application for permission under the immigration rules will be granted. So just because you're accepted under the concession doesn't mean your settlement application on the basis of domestic abuse will be accepted.

This is an extract from the immigration rules for Appendix Victim of Domestic Abuse, and the immigration rules now say this: 'This route allows settlement where a person has or was last granted permission as a partner on a specified route and the relationship has permanently broken down due to domestic abuse. The applicant must be in the UK unless the applicant is overseas because they have been abandoned overseas.'

So now, as a result of this new appendix, we have a new entry clearance provision for victims of transnational marriage abandonment. Dependent children can also apply on this route, and an alternative route may be available for relevant family members and Appendix EU who are victims of domestic abuse. If an Appendix EU applies, do consider that. Again, I've put various aspects of the appendix in my slides, not all of it, so do check the rules and do check if they've been amended.

1.1. A person applying from outside the UK on the victim of domestic abuse route must apply for entry clearance online on the gov.uk website on the specified form, return to the UK. So there's a specified form for those applying for entry who are victims of transnational marriage abandonment.

1.2. A person applying in the UK on the victim of domestic abuse route must apply online on the gov.uk website on one of the specified forms as follows, and this sets out whether it's Form Set DV if A applies or Set F if B applies.

Notice BDA 2.1 that now the general grounds of refusal and a part nine apply in domestic abuse cases, and that might throw up some issues because of the nature of domestic abuse and allegations and the like. So do address the general grounds of refusal in your application. Where a person is outside the UK, they must apply for and obtain entry clearance on the victim of domestic abuse route before they arrive in the United Kingdom. Transnational marriage abandonment cases must apply from abroad; can't enter and then apply.

Now, as I said earlier when we looked at the concession, only certain people are eligible to apply for settlement, and 4.1 sets out those who are eligible for settlement. They're the partners under Appendix FM or 285 and 295 or victims of domestic abuse under Appendix FM or a partner under Appendix Armed Forces or those granted under the migrant victims of domestic abuse concession or the former DVC concession and before that were last granted on one of the categories set out above. Even if you get leave under the concession, you've got to have previously been granted in one of the categories above in order to apply for indefinite leave to remain.

4.2. The relationship between the applicant and their partner must have broken down permanently as a result of domestic abuse. Now, there's no temporal criteria there; it doesn't say when it has to be broken down, such as in like a probationary period. It just says it has to have broken down permanently as a result of domestic abuse. If you're applying from outside the UK, they must have been abandoned outside of the UK.

Where a child is applying, the decision-maker must be satisfied that there's adequate maintenance and accommodation. So just be aware of that, adequate maintenance and accommodation, and the funds must be shown in accordance with Appendix FMSE.

If the decision-maker is satisfied that all the suitability and eligibility requirements for entry clearance or settlement on the victim of domestic abuse route are met, the application will be granted. Otherwise, the application will be refused.

There's no provision here for limited leave; it's all or nothing. If the application is refused, the person can apply for administrative review. We know there's been lots of case law as to when there's a refusal of a human rights claim, and there were a number of cases that went to the Court of Appeal in relation to that. But the remedy here is administrative review.

Where the application is outside the UK and the requirements for entry clearance are met, they will be granted entry clearance for settlement. And do be aware of fees for those applications and maybe the need to apply for a fee waiver. Where the applicant is in the UK and the requirements for settlement are met, they will be granted settlement.

Do look at the Home Office guidance because what I haven't covered is any of the sort of evidence that is needed to establish that the marriage broke down because of domestic abuse under the appendix in order to get settlement. Obviously, it's different under the concession; it's just a self-declaration. But when you're applying for settlement, you need to satisfy with evidence, and there is that sort of hierarchy of evidence with the Home Office guidance. And there is new updated Home Office guidance with the new appendix that came in on the 31st of January 2024.

But again, here's my link to my free resources. I hope that video has been helpful to you in relation to the victim of domestic abuse concession and the new appendix in order to apply for settlement with the additional provision of transnational abandonment for those abandoned abroad.

Thanks a lot.