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About this guidance

This guidance explains the eligibility criteria to apply for temporary permission to stay in the UK under the Migrant Victims of Domestic Abuse Concession (MVDAC) formerly known as the Destitute Domestic Violence Concession (DDVC).

Changes from last version of this guidance

The title and name of the concession has been changed from destitute domestic violence concession (DDVC) to Migrant Victims of Domestic Abuse Concession (MVDAC).

The eligibility criteria have been updated to include provision for victims of domestic abuse in the UK as a partner of a person on a work (sponsored) and economic route or as a student or graduate.

Introduction

Background

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 to stay 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 (Appendix VDA)
• make arrangements to leave the UK

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 (sponsored) and economic route or as a student or graduate. 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 (Appendix VDA from 31 January 2024).

This policy extension responds to the findings of the Support for Migrant Victims (SMV) Scheme (initially run as a pilot between July 2021 and July 2022, to support migrant victims of domestic abuse who do not have access to public funds to access safe accommodation).

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.

Policy intention

The overall intention of the policy is to protect eligible migrant victims of domestic abuse and their children, and thus support the most vulnerable by:

• providing an eligible victim of domestic abuse, a period of three-months permission to stay independent from their partner
• providing an ability to apply for recourse to public funds to enable financial support where required
• facilitating an application for permission to stay in a relevant immigration route, apply for settlement on form SET (DV) as a victim of domestic abuse if eligible under Appendix VDA, or make plans to leave the UK during a short period of lawful status, financial stability and support from specialist services

This is a policy concession outside of the Immigration Rules, due to the unique nature of the applications and speed in which decisions must be taken to best support eligible victims.

This policy is aimed at partners without an independent immigration status. It does not provide for migrants here with status in their own right, such as students and workers, who already have status independent from their abuser and should be financially independent as assessed in their initial application to enter the UK and can retain their current status if they choose, with additional support from the SMV scheme and the charity sector available. Nor does the policy provide for illegal entrants or those who entered the UK temporarily, for example as a visitor who overstayed, as it would be contradictory to the Government’s overall approach to illegal migration.

As an applicant is declaring they are a victim of domestic abuse, and their relationship has broken down, any previous permission held as a partner is varied automatically upon been granted permission under the Migrant Victims of Domestic Abuse Concession (MVDAC).

Eligibility

This page tells you the requirements which must be met for an applicant to qualify for temporary permission outside the immigration rules, under the Migrant Victims of Domestic Abuse Concession (MVDAC).

For the purpose of this guidance, the definitions are the same as those set out in the Domestic Abuse Act 2021, and in the Domestic Abuse Statutory Guidance.

Eligibility for this concession is limited to those who are, or have last been granted permission as, one of the following:

• a partner under Appendix FM (except for permission as a fiancé or fiancée or proposed civil partner) of a person who is a British citizen, settled in the UK or a European Economic Area (EEA) national in the UK with limited leave to enter or remain granted under paragraph EU3 of Appendix EU on the basis of meeting condition 1 in paragraph EU14 of Appendix EU
• a partner under Appendix FM, Part 11, or Appendix Family Reunion (Protection) of a person with permission as a refugee
• a partner of a person present and settled in the UK under paragraph 285 or 295E of Part 8
• a partner under Appendix Armed Forces or Part 7 (except for permission as a fiancé or fiancée or proposed civil partner) of a person who is or was a member of HM Armed forces
• or as a partner of a person with permission to enter or stay on a work (sponsored) and economic route or as a student or graduate

And:

• the applicant’s relationship has broken down due to them being a victim of domestic abuse
• the applicant requires a short period of permission to stay independent from their sponsor partner/lead student or worker applicant
• the applicant wants the option to apply for access to public funds

Application process

This page describes the application process.

A person seeking permission to stay under the Migrant Victim of Domestic Abuse Concession (MVDAC) must complete and submit the LOTR (DVV) form to the Home Office at domesticviolence2@homeoffice.gov.uk.

Postal applications will be accepted, although processing times are likely to be longer. Postal applications should be sent to:

DV Duty Officer Dept 81
UK Visas and Immigration
The Capital, Old Hall Street
Level 5, Liverpool
L3 9PP

As part of the notification form LOTR (DDV), an applicant must sign the declaration confirming that they give their consent for the Home Office to disclose details of their case to any third parties to assist them in their application, such as a refuge, social services, legal representatives or the Department for Work and Pensions.

You must confirm receipt of the notification by email where possible. The Home Office aims to process notifications within 5 working days of receipt.

Deciding an application

This page tells you about deciding an application for permission to stay under the Migrant Victim of Domestic Abuse Concession (MVDAC).

Granting permission to stay

Those who meet the criteria of the MVDAC must be granted leave outside the rules (LOTR) for three months on conditions permitting employment with no prohibition on recourse to public funds (code 1A).

You must send them a letter which confirms you have granted LOTR (DDV) and issue a status document conferring that status by way of a biometric residence permit (BRP).

You should confirm in that letter whether the applicant is eligible to make an application for settlement under Appendix VDA via form SET(DV) or whether they are not eligible to do so.

You must inform the applicant in that letter they should make a separate application to the Department for Work and Pension (DWP) to receive public funds which will be assessed against the normal DWP criteria.

A grant of permission under the MVDAC is 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 because of domestic abuse, with recourse to public funds where eligible, and does not guarantee that any subsequent application for permission under the Immigration Rules will be granted.

Permission will only be granted on one occasion under the MVDAC to enable applicants to make any subsequent application or decide to leave the UK. Further applications under the MVDAC will be rejected.

Refusing permission to stay

This part tells you how to refuse an application under the Migrant Victim of Domestic Abuse Concession (MVDAC).

If the applicant fails to meet the criteria to qualify for permission to stay under the concession you must:

• notify the applicant in writing
• return all documents
• update Home Office records

3C leave

Where the person has made an in-time application (where they hold extant permission or status at the date of application), and the permission or status expires before a decision is made, that permission, or status and associated conditions will be extended by Section 3C of the Immigration Act 1971 (Section 3C leave) until they receive their decision. This protects a person who makes an in-time application to extend their permission from becoming an overstayer while they are awaiting a decision on that application and while any appeal or administrative review they are entitled to is pending.