Updates to the Destitute Domestic Violence Concession
On 29th February 2024, the Home Office renamed the Destitute Domestic Violence Concession the Migrant Victims of Domestic Abuse Concession (MVDAC). In addition to changing the name, they also released new guidance and a new application form.
The purpose of the concession is to allow dependent partners in the UK, whose relationship has broken down as a result of domestic violence, the opportunity to be given 3-month temporary permission, away from their partner and time to determine whether they would like to stay in the UK or leave. This permission also allows those individuals to apply for public funds to assist them. This is particularly useful, as many migrants have a “no recourse to public funds” condition on their visa.
Children can also apply, however it may not always be in their best interest to switch them from their current visa to the temporary visa, particularly as children themselves are not applying for public funds.
During this 3-month temporary admission, an applicant must do one the following:
- apply for indefinite leave to remain as a victim of domestic violence or abuse (if eligible)
- apply for another type of permission to stay (if eligible)
- make arrangements to leave the UK
In addition to renaming the policy, the Home Office also extended the scope of those who are eligible to apply.
Who is now eligible?
- 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
- A partner of a person with permission to enter or stay on a work and economic route or as a student or graduate
Factors to consider if you are applying under the concession as a dependent partner of worker, student or graduate
- The previous leave will be void once the three months of leave is granted under the concession
- If the three months of leave is granted you will either need to plan to depart the UK or apply for permission to stay through a different route
- You will not be able to submit an application for indefinite leave to remain under Appendix Victim of Domestic Abuse
- If the three months of leave is granted, you may not be able to switch to another visa route depending on the requirements under that route
You are therefore advised to seek legal advice before applying for the concession.
If you have any questions about the above, or think you may be interested in applying for the concession, please contact us for more in