A Practical Guide to the Law in Relation to Migrant Victims of Domestic Violence

This guide explores the law in relation to migrant victims of domestic abuse / domestic violence ('DA' / DV'). We look at the ability of DA victims who are here on temporary visas to flee their abusive situation when they are often entirely dependent upon and controlled by their partner who sponsors their visa. The law in this area has recently been updated, with new immigration rules and policies. We will consider the Migrant Victims of Domestic Abuse Concession ('MVDA'), formerly known as the Destitution Domestic Violence Concession ('DDVC') and how this allows some victims who may have a No Recourse to Public Funds ('NRPF') condition attached to their visas to flee their marital home and seek public funds to help them to do so. We look at:the immigration rules, which permit victims to apply for settlement, the interpretation of those rules by the Courts and Tribunals and the evidence required in support of applications; the phenomenon of transnational marriage abandonment ('TMA') and the new rules for victims of TMA; child dependants of victims of DA and children who are victims of DA in their own right; challenges to adverse decisions; and briefly, how Appendix EU of the Immigration Rules assists DV victims who are in the UK. This title also touches upon how to assist victims of DA whose claims do not fall under the immigrations rules. It is hoped that this book will allow more effective applications to be submitted by practitioners for vulnerable migrant victims of DA. It will further assist to make better challenges to adverse decisions in these cases by administrative and judicial review.