The Domestic Abuse Concession, officially called the MVDAC (Migrant Victims of Domestic Abuse Concession) (formerly called the DDVC (Destitute Domestic Violence Concession)), is a UK immigration concession. This concession is designed to protect those in the UK as a spouse/civil partner on a family visa or on another route, such as a skilled worker visa, whose relationship has broken down because of domestic abuse. It allows those with an eligible visa to leave an abusive relationship without immediately losing their immigration status or becoming unable to support themselves.

Spouses/partners in the UK under the family route can apply for settlement after their relationship ends with their partner due to domestic abuse. However, if you apply for the Migrant Victims of Domestic Abuse Concession and then resume your relationship with your partner, you may not be eligible to reinstate your immigration status in the UK as their partner.

What is domestic abuse?

Any instance of threatening behaviour, psychological, physical, sexual, financial, or emotional violence or abuse of a person by their partner or partner’s family members (regardless of gender or sexuality) to control, intimidate, threaten, or harm that person is termed domestic abuse.

Family members include a partner’s mother, father, daughter, son, sister, brother, grandparents, in-laws, or step-family.

Under the UK Domestic Abuse Act 2021, domestic abuse can take place between people who are aged 16 or over and are personally connected, such as spouses, partners, civil partners, former partners, or certain family members. 

What is a domestic abuse concession?

If you are in the UK as a partner and your relationship breaks down due to domestic abuse by your husband/wife or civil partner or their family member, you can apply for a domestic abuse concession to remain in the UK for a temporary period of 3 months. 

You can only apply for settlement under the Domestic Abuse route of you were last granted leave under Appendix FM of the immigration rules. However if you are a dependent partner under any other route then you are expected to apply for leave to remain in another category or leave the UK after the end of 3 month period.. 

Who can apply for MVDAC (Migrant Victims of Domestic Abuse Concession)?

Before 16 January 2024, this concession was called DDVC (Destitute Domestic Violence Concession). Only people in the UK as a spouse, civil partner or unmarried partner under the Appendix FM (except as fiancé(e) or proposed civil partner) could apply for DDVC. For the purpose of domestic abuse or violence, the UK partner must be one of the following: 

• a British citizen

• a person with indefinite leave to remain or enter

• a UK armed forces’ member who has served for at least 4 years

• Someone with permission to stay in the UK as a refugee

• a person who has settled status under the EUSS (EU settlement scheme)

• a citizen of the EU, other EEA nations (Norway, Iceland or Liechtenstein), or Switzerland, with pre-settled status under the EU Settlement Scheme who started living in the UK by 31 December 2020.

From 16 January 2024, the DDVC (Destitute Domestic Violence Concession) is known as MVDAC (Migrant Victims of Domestic Abuse Concession). The MVDAC continues to be available to people in the UK under the Appendix FM. 

However, from this date, the concession was extended to those in the UK as partners of persons with permission to enter or remain on a work route or as a student or any other temporary stay category. 

You can only apply for this concession if your relationship with your partner has ended because of domestic abuse caused by your partner or their family member (s).

What does the domestic abuse concession provide?

You receive the following if your application for a domestic abuse concession is approved:

• Temporary permission to stay in the UK for 3 months 

• Access to public funds and benefits if you are otherwise eligible, for example, so you can find a safe place to live 

• Time to arrange your other immigration options, such as applying for settlement as a victim of domestic abuse if you are under Appendix FM partner or apply for another immigration route if you are under a temporary route.

Eligibility for domestic abuse concession for UK Family Visa holders

A person can qualify for temporary permission outside the Immigration Rules, under the MVDAC (Migrant Victims of Domestic Abuse Concession) as a family visa holder if they:

• Are a partner under Appendix FM (except for permission as a fiancé (e) or proposed civil partner) of a person who is a British citizen, settled in the UK, or an EEA (European Economic Area) national in the UK with LLE (Limited Leave to Enter) or LLR (Limited Leave to Remain) granted under the Appendix EU

• Have their relationship broken down due to them being a victim of domestic abuse

• Require a short period of permission to stay independent from their sponsor partner

• Want the option to apply for access to public funds

Including dependent children to settle in the UK

You can also apply for your children under the age of 18, or who are aged over 18 at the date of application to settle in the UK with you if they:

• were born in the UK; or

• have, or have had, permission to stay in the UK as your dependent child; or

• were born overseas after you obtained permission to stay as a dependent partner

The dependent children you are applying to settle in the UK with you must also have been living with you and your ex-partner, and not be married, in a civil partnership or living an independent life.

In all cases, your child must have been, or is at the same time being, granted permission under the Migrant Victims of Domestic Abuse Concession.

If a dependent child already is a British citizen or has settlement (Indefinite Leave to Remain) status but is included on the form, the Home Office would disregard this.

Application process for Migrant Victims of Domestic Abuse Concession

You can only apply from inside the UK.

If you are seeking permission to stay in the UK under the MVDAC (Migrant Victim of Domestic Abuse Concession), you must fill in and submit the leave outside the Immigration Rules (LOTR) (DVV) form to: Home Office: Domestic abuse.

There is no application fee to apply for the Migrant Victims of Domestic Abuse Concession. 

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

The Home Office will confirm receipt of the notification by email where possible. They aim to process your notifications within 5 working days of receipt.

Getting temporary permission to stay

If you meet the criteria of the MVDAC, the Home Office will grant you LOTR (Leave Outside the Rules) for 3 months on conditions permitting employment with no prohibition on recourse to public funds. 

This will vary any permission you currently hold, unless that permission is pre-settled status under the EUSS held by you as a national of the EU, other EEA nations (Iceland, Liechtenstein, or Norway), or Switzerland, or your family member (including a ‘joining family member’ or a ‘family member who has retained the right of residence’ by virtue of a relationship with you).

The Home Office will send you a letter confirming you have been granted LOTR.

You will be confirmed in that letter whether or not you are eligible to make an application for settlement under Appendix VDA via form SET(DV). The letter granting LOTR will inform you that you must submit any further application, including a SET(DV) application if eligible, before your LOTR expiry date (unless you have retained pre-settled status under the EUSS). If you validly make an application before the expiry date of your LOTR, you will benefit from section 3C leave until the Home Office decides your application.

How can Visa and Migration help?

Our immigration lawyers can help simplify the rules when you wish to apply for a domestic abuse concession on the basis of being a victim of domestic violence as a partner under the Appendix FM or other eligible route.  

You can choose our services because: 

• We charge a Fixed Fee

• We provide advice through our experienced caseworkers. 

• You get unlimited meetings and support.

• You get unlimited phone calls. 

• You get advice on the procedure, requirements, and merits of making an application.  

• You are kept updated with new rules and procedures 

• We act in your best interest. 

• You get advice and representation if you want to include your dependents along with your application. 

• We advise you on future applications for settlement.

• We resolve your queries or concerns even after your application has been approved.

For expert advice and queries on the domestic abuse concession and application for settlement on the basis of being a victim of domestic abuse, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com