You do not have to stay in an abusive relationship to keep your status
If you are in the UK as a partner and your relationship has broken down because of domestic abuse, you may not have to leave the UK. There are protections that let you stay, claim help and apply for settlement even though the relationship has ended. Abuse is not only violence: it includes controlling and coercive behaviour, financial abuse, threats to report you to the Home Office, and being kept from your passport or your money. If you are in danger, call 999. The National Domestic Abuse Helpline is free and open at all times on 0808 2000 247.
The Migrant Victims of Domestic Abuse Concession
The Migrant Victims of Domestic Abuse Concession (MVDAC), formerly the Destitute Domestic Violence Concession, gives you three months’ permission to stay in your own right, with access to public funds where you are eligible, while you prepare an application to settle. It covers people granted permission as the partner of a British citizen or settled person under Appendix FM, spouses and civil partners with pre-settled status, partners of refugees and of members of the armed forces, and dependent partners of workers and students. You must show that the relationship has ended, or has permanently broken down, because of domestic abuse. You notify the Home Office on the form for the concession, and it aims to deal with notifications within five working days. Access to public funds can mean housing support and benefits, and it is the difference between being able to leave and having to stay.
Indefinite leave for victims of domestic abuse
A victim of domestic abuse whose permission was granted on the basis of a relationship with a British or settled partner can apply for indefinite leave to remain under the domestic abuse rules, using the settlement form, before the three months of the concession end. The evidence can include:
- a court order or injunction, or a conviction or caution;
- a report from the police, or a letter from a multi-agency risk assessment conference;
- a letter from a domestic abuse organisation, a refuge or a social worker;
- a report from a doctor or other health professional.
A range of sources is accepted and the application is assessed with care. It does not require that the abuse was reported to the police. We help you assemble the evidence and prepare a statement that explains what happened. The Home Office fee for indefinite leave on this basis is £3,226 and it can be waived if you are destitute.
If the rules do not fit
These protections are not available to everyone, for example someone whose visa is on a different basis, or whose partner has only a temporary status. If you do not meet the rules, you may still have a human rights claim, an application as a victim of modern slavery, or an asylum claim. See human rights and private life applications, the National Referral Mechanism and claiming asylum. If a refusal comes, see immigration appeals.
Safety first
Think about how you contact us: if your abuser can see your email, telephone or messages, ask us for a safer way. We can speak with you by telephone at a time that suits you, and in person at either appointment location. Do not wait for the concession to run out before you seek advice, since time limits matter. Be careful about contacting the Home Office directly before you have advice.
How we help
We advise on the concession and settlement, prepare the evidence and statement, and act if an application is refused. A consultation is from £99, online, by telephone, or in person in London or Birmingham.
