Immigration Rules Appendix Victim of Domestic Abuse
Immigration Rules Appendix Victim of Domestic Abuse
This route allows settlement where a person has, or was last granted, permission as a partner on a specified route and the relationship has permanently broken down due to domestic abuse.
The applicant must be in the UK, unless the applicant is overseas because they have been abandoned overseas.
Dependent children can also apply on this route.
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 (F).
- VDA 1.3. An application on the Victim of Domestic Abuse route must meet all of the following validity requirements:
- (c) any fee must have been paid (unless the applicant has been granted a fee waiver); and
- (d) the applicant must have provided any required biometrics; and
- (e) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality.
VDA 1.4. 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 9: grounds for refusal, but paragraph 9.8.4.(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 have, or have last been granted, permission as one of the following:
- (a) 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 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
- (aa) a spouse, civil partner or durable partner 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 under Appendix FM, Part 11, or Appendix Family Reunion (Protection) of a person with permission as a refugee; or
- (c) a partner of a person present and settled in the UK under paragraph 285 or 295E of Part 8; or
- (d) a victim of domestic abuse under Appendix FM; or
- (e) a partner under Appendix 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 with at least 4 years’ reckonable service in HM 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 were last granted permission under one of the categories defined in VDA 4.1(a) to (e).
VDA 4.2. The relationship between the applicant and their 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 have been abandoned outside 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. If the applicant is applying as a child and is aged over 18, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening of at least level B1.
VDA 6.2. The applicant must show they meet the English language requirement or that an exemption applies, as specified in Appendix English Language.
VDA 7.1. The applicant must meet the Knowledge of Life in the UK requirement, or an exemption must apply, as set out in Appendix KOL UK.
VDA 8.1 Where the applicant is applying as a child, the decision maker must be satisfied that there will be adequate maintenance and accommodation for the applicant without recourse to public funds.
VDA 8.2 Funds must be shown as specified in Appendix FM-SE.
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.