In the Statement of Changes to the Immigration Rules published on 7 December 2023, the Home Office set out the details of a new Appendix which will apply to victims of Domestic Abuse.
The new Appendix called Appendix Victim of Domestic Abuse (VDA) Immigration Rules - Immigration Rules Appendix Victim of Domestic Abuse - Guidance - GOV.UK (www.gov.uk) is now in force and replaces the existing SET(DV) rules in Appendix FM. The new Appendix incorporates some welcome changes to the existing rules, particularly in relation to individuals who are victims of transnational marriage abandonment. It also provides rules for dependent children.
The DDVC, which allows migrant victims of domestic abuse who are eligible to claim benefits will also be replaced by the Migrant Victims of Domestic Violence Concession, although this has not yet happenend.
The suitability requirements remain the same as the old rules in Appendix FM.
Existing eligibility requirements which are maintained
As is the case with the current rules, the applicant must have leave to remain under the following categories:
- as a partner of a British citizen/settled person under Appendix FM, or under Part 8 of the Immigration Rules, or under Appendix Armed Forces
- as the partner of a refugee
The requirements for the Migrant Victims of Domestic Violence Concession are the same as those for the DDVC. You are eligible to apply for the Concession as long as you previously held leave to remain under one of the categories above.
The rules pertaining to those in the UK with leave to remain as the partner of a member of HM Armed Forces have been moved from Appendix Armed Forces to Appendix VDA.
The relationship between the applicant and their partner must have broken down permanently as a result of domestic abuse.
New eligibility requirements
A very welcome addition to Appendix VDA is that it now provides a clear route for victims of transnational marriage abandonment. This has long been regarded as a serious form of abuse but under the existing rules, the routes to return to the UK for those abandoned abroad were very difficult to navigate and there was no specific application for them to use.
The new appendix also introduces rules for children of a victim of domestic abuse. Children must demonstrate their relationship to the victim, that the arrangements for their care in the UK are adequate and that they are not living an independent life. Notably children over the age of 18 are not precluded from applying under the new Appendix, as long as they were granted leave as a dependent on their parent’s visa (who was the victim of abuse, and main applicant) prior to their 18th birthday.
However, for those over the age of 18 applying as a child, additional requirements to pass an English language test at level B1, and the life in the UK test will apply.
Guidance has also been published today on the new appendix Victims of domestic violence: caseworker guidance - GOV.UK (www.gov.uk)
If you require immigration advice, as the victim of domestic violence, please contact our immigration team. We have a team of solicitors who are very experienced in making applications to the Home Office on this basis and would be happy to assist you.