Home Office Introduces New Migrant Victims of Domestic Abuse Concession

In February 2024, the Home Office introduced the Migrant Victims of Domestic Abuse Concession (MVDAC), which intends to expand the provision of interim support to victims and survivors of domestic abuse, and their children, that are in the UK on specified visa routes. This replaces the Destitution Domestic Violence Concession (DDVC).

The purpose of the MVDAC is to enable eligible applicants to secure short-term limited leave to remain for a period of 3 months, during which time they will have access to benefits and local authority housing provision. Prior to the expiry of this 3-month period, status holders under the concession must submit a further application for permission to stay or arrange to leave the UK to avoid becoming an overstayer. 

The benefit to the MVDAC is that the scope of applicants that can apply has been widened to include dependent partners of individuals on work and student routes, thus allowing a new cohort of victims to access support for 3 months following a successful application to the concession. Previously, the DDVC was limited to partners sponsored under Appendix FM of the Immigration Rules or Appendix Armed Forces, and partners of refugees. It is also no longer necessary to demonstrate destitution in order to be eligible for the concession. However, the concession does not allow victims in this newly added cohort to go on to make an application for indefinite leave to remain under Appendix Victims of Domestic Abuse (Appendix VDA). This is because, whilst the previous DDVC provisions were limited to a smaller cohort of applicants, they were generally eligible to go on to apply for settlement as a victim of domestic abuse under the Rules in place at that time. Critics of the new policy consider that the changes will cause confusion for victims of domestic abuse who are eligible under the MVDAC but not Appendix VDA. For those that are now eligible under the MVDAC, but not under Appendix VDA, support will cease at the end of the three months and there is no clear alternative route in place for applicants to regularise their status following the inevitable cancellation of their previous permission as a dependant partner.

In addition to this, the new eligibility provisions of Appendix VDA have also been expanded to include those with status as partners under the EU Settlement Scheme, allowing such victims to also apply for temporary support under the MVDAC. Crucially, the EUSS itself provides separate protection to victims of domestic abuse by allowing individuals to qualify for settled status in their own right, rather than automatically losing their status following a relationship breakdown. However, such applicants may not be able to access public funds whilst in the UK with pre-settled status. As such, it will not always be in the best interests of victims with status under the EU Settlement Scheme to switch onto the MVDAC.

In light of the limitations to the new concession, it is ever more crucial that victims obtain legal advice in order to make an informed decision before applying to the concession. If you need assistance, please do not hesitate to contact our experienced team of immigration solicitors.