Domestic Violence Applications and Evidence

Applications for settlement on the basis of domestic abuse are complex cases that require careful preparation. Here, we consider some key points that an application to the Home Office based on domestic abuse should address.

Applications under Appendix VDA (Victim of Domestic Abuse) are designed to protect individuals who have been granted leave as a partner under UK family immigration rules, those with permission as the family member of a relevant EEA citizen or joining family member of a relevant sponsor under the EU Settlement scheme, partners of refugees and members of the armed forces and who have been subjected to domestic violence by their spouse, partner, or in some cases extended family members. This protection matters because an individual's immigration status can be used as a tool against them, forcing them to remain in an abusive relationship.

If the application is successful, the applicant will be granted Indefinite Leave to Remain in the UK, independent from their partner.

The Home Office defines domestic abuse as:

"Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality."

The chances of a successful application are significantly increased if independent evidence of abuse can be produced. Emotional abuse is often more difficult to evidence than physical harm, but it's equally valid.

Research suggests that victims of domestic abuse may not alert the authorities - for example, the police or a doctor - because of shame, honour, culture, stigma, or fear. Where there has been no contact with outside agencies, it may be harder to produce independent evidence to satisfy a Home Office caseworker that a person’s relationship has broken down because of domestic abuse. However, the Immigration Rules do not require independent evidence. The applicant must prove on the balance of probabilities that their relationship has broken down because of domestic abuse.

The Home Office guidance states:

"You should consider the evidence in the round and, if the applicant provides information or evidence that, when considered in the round, indicates the account given by the applicant is, on the balance of probabilities, more likely than not, then VDA 4.2. is met” and indefinite leave to remain should be granted."

A table of examples of evidence is provided, along with guidance on the weight to be given to each. 

The guidance goes on to state:

"Where limited evidence is available, in particular where the only evidence available is a statement from the applicant, consideration should be given to any reasons provided for the lack of documentary evidence in support of the application. In particular, where any reasons arise from or otherwise relate to the abusive relationship or situation the applicant is or was in."

This means that while independent evidence strengthens a case, applicants should not be put off by having limited documentation. You do not need to show that the perpetrator has been arrested or convicted. Your own written statement, setting out the abuse in detail, is a core part of the application.

As a team, we have considerable experience in dealing with this type of work. Please feel free to contact the immigration team if you wish to discuss any aspects further.