Immigration Rules Appendix Victim of Domestic Abuse
Immigration Rules Appendix Victim of Domestic Abuse
This Victim of Domestic Abuse route allows settlement where a person aged 18 or over has, or was last granted, permission as a partner or child in a specified immigration category and the relevant relationship has broken down permanently due to domestic abuse.
The main applicant’s dependent children, including those aged 18 or over, can also apply on this route under VDA 5.1. They can apply at the same time or after their parent.
The applicant must be in the UK, unless the applicant is overseas because they have been abandoned overseas.
An alternative route may be available for relevant family members under Appendix EU who are victims of domestic abuse.
VDA 1.1. A person applying from outside the UK on the Victim of Domestic Abuse route must apply for entry clearance online on the gov.uk website on the specified form: “Return to the UK”.
- VDA 1.2. A person applying in the UK on the Victim of Domestic Abuse route must apply online on the gov.uk website on one of the specified forms as follows:
- (a) for the Victim of Domestic Abuse, and a child applying on the Victim of Domestic Abuse route at the same time as their parent and who is included in their parent’s application, form SET (DV); or
- (b) for a child of a Victim of Domestic Abuse who is not applying at the same time as their parent, form SET (DV).
- VDA 1.3. An application on the Victim of Domestic Abuse route must meet all of the following validity requirements:
- (a) any fee must have been paid (unless the applicant has been granted a fee waiver); and
- (b) the applicant must have provided biometrics when required
- (c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality.
VDA 1.4. An applicant must meet the relationship requirements for settlement for the Victim of Domestic Abuse route.
VDA 1.5. An application which does not meet all the validity requirements for the Victim of Domestic Abuse route may be rejected as invalid and not considered.
VDA 2.1. The applicant must not fall for refusal under Part Suitability, but SUI 11.4(a) does not apply.
Entry requirements for the Victim of Domestic Abuse route
VDA 3.1 Where a person is outside the UK they must apply for and obtain entry clearance on the Victim of Domestic Abuse route before they arrive in the UK.
VDA 3.2. Where a person is applying for entry clearance on the Victim of Domestic Abuse route they must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
- VDA 4.1. The applicant must be aged 18 or over and have, or have last been granted, permission as one of the following:
- (a) (i) a partner (except for permission as a fiancé(e) or proposed civil partner) under Appendix FM of a person who is a British citizen, settled in the UK or an 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; or
- (ii) a child under Appendix FM of a person in (i); or
- (aa) a spouse, civil partner, durable partner, or child under Appendix EU with limited leave to enter or remain as a family member of a relevant EEA citizen (or of a qualifying British citizen), as a joining family member of a relevant sponsor or as a family member who has retained the right of residence, granted under paragraph EU3 or EU3A of that Appendix; or
- (b) a partner or child under Appendix FM, Part 8, Part 11, or Appendix Family Reunion (Protection) of a refugee; or
- (c) a partner or child under paragraph 282(a), 282(c), 285, 295B(a), 295B(c) or 295E of Part 8 of a person present and settled in the UK; or
- (d) a victim of domestic abuse under Appendix FM or Part 8; or
- (e) a partner or child under Appendix HM Armed Forces or Part 7 (except for permission as a fiancé(e) or proposed civil partner) of any of the below:
- (i) a person who is a British citizen; or
- (ii) a foreign and commonwealth citizen serving in HM Armed Forces at the date of application under this paragraph or;
- (iii) a member of HM Armed forces who has applied for or been granted permission or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces; or
- (f) leave outside the rules granted under the Migrant Victims of Domestic Abuse Concession (formerly the Destitution Domestic Violence Concession (DDVC)), and before that was last granted permission under one of the categories defined in VDA 4.1(a) to (e).
- VDA 4.2. The applicant must meet one of the following requirements:
- (a) The relationship between the applicant and their partner must have broken down permanently as a result of domestic abuse; or
- (b) The relationship between the applicant and their parent or parent’s partner must have broken down permanently as a result of domestic abuse.
- VDA 4.3. If the applicant is applying from outside the UK, they must:
- (a) have been abandoned outside the UK; and
- (b) before they were abandoned outside the UK, have been physically present in the UK.
- VDA 5.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
- (a) relationship requirement for settlement; and
- (b) care requirement; and
- (c) age and independent life requirement.
VDA 6.1. DELETED.
VDA 6.2. DELETED.
VDA 7.1. DELETED.
VDA 8.1 DELETED.
VDA 8.2 DELETED.
VDA 9.1. If the decision maker is satisfied that all the suitability and eligibility requirements for entry clearance or settlement on the Victim of Domestic Abuse route are met, the application will be granted, otherwise the application will be refused.
VDA 9.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.
VDA 10.1. Where the applicant is outside the UK and the requirements for entry clearance are met, they will be granted entry clearance for settlement.
VDA 10.2. Where the applicant is in the UK and the requirements for settlement are met, they will be granted settlement.