On 16 February 2024, the Home Office opened up access to the Migrant Victims of Domestic Abuse Concession (MVDAC) to victims of domestic abuse who have leave to enter or remain as the partner of a worker, student or graduate.
The concession, previously known as the Destitution Domestic Violence Concession (DDVC), enables people who have leave to enter or remain as a partner on certain immigration routes to gain access to public funds for 3 months following a relationship breakdown with their partner due to domestic abuse. As most people with leave on a partner route have no recourse to public funds, the MVDAC provides an essential means of accessing benefits and local authority housing assistance when a victim of domestic abuse would otherwise be left without accommodation or funds to meet their basic living needs following separation from their partner.
Previously, all the groups who were entitled to apply for the concession were able to apply for indefinite leave to remain (ILR) on the basis of being a victim of domestic abuse. However, although the MVDAC has been opened up to additional groups, corresponding changes to the eligibility requirements for ILR have not been made. Victims of domestic abuse who had leave to enter or remain as the partner of a worker, student or graduate before obtaining MVDAC leave will have limited immigration options if they wish to remain in the UK. They may be at risk of losing their entitlements to services once their 3 months leave ends.
What has changed?
Prior to the changes, the MVDAC was available to a person who was intending to apply ILR following a relationship breakdown with their partner that occurred due to domestic abuse. The person also needed to demonstrate that they were destitute.
The concession was only available to a person who has, or last had, leave to remain as a spouse, civil partner, unmarried partner, or same-sex partner of a British citizen, person who is settled in the UK, or member of the Armed Forces.
The MVDAC is now available to a person who has, or last had, leave as the partner of one of the following:
- A British citizen
- Person who is settled in the UK
- Member of the Armed Forces
- A refugee
- European Economic Area (EEA) national with pre-settled status
- A worker, student or graduate
A person who has leave to enter or remain as the partner of a worker, student or graduate will not be entitled to apply for ILR on the basis of being a victim of domestic abuse. Instead, after being granted 3 months of MVDAC leave, they will have limited options to apply for further leave if they wish to remain in the UK.
The MVDAC is not available to victims of abuse who have other types of leave to remain, such as partners of visitors, people with pre-settled status, or people with student or worker leave in their own right. Victims of domestic abuse who are without lawful status are also unable to apply for the concession.
For further details about the eligibility criteria and what happens after the concession is granted, see our information about the MVDAC.
What do councils need to be aware of?
It is essential that anyone who separates from a partner due to domestic abuse is signposted to immigration advice to find out what their options are, including whether the MVDAC is the right route for them. This is particularly important for victims of domestic abuse who have leave as the partner of a worker, student or graduate, as they will have limited options to extend their MVDAC leave if they wish to stay in the UK.
Councils cannot advise or assist people to make MVDAC applications, as legal advice must be provided by a solicitor or OISC registered adviser.
Councils will need to consider how victims of domestic abuse with no recourse to public funds who are homeless or do not have sufficient funds to meet their basic living needs can be supported in any relevant strategies, such as homelessness and tackling violence against women and girls. This will involve ensuring that people with children or social care needs are provided with support when statutory duties or powers are engaged. For those who can apply for the MVDAC, such support may only need to be provided for a short period whilst access to benefits is being established. However, for survivors of domestic abuse for whom the MVDAC is not an option, support may be required on a long-term basis whilst they are getting legal advice and making an immigration application.
Alongside the new ‘flee fund’, opening up the MVDAC to new groups who cannot apply for ILR as a victim of domestic abuse may assist people who do not have the financial means to flee from their partner on a short-term basis but could leave some victims of domestic abuse at risk of overstaying and losing their entitlement to employment, benefits and other services after their 3 months MVDAC leave ends. The limited availability of free legal advice is likely to be a barrier to a victim of domestic abuse being able to quickly establish the correct immigration route that they need to follow.
We therefore recommend that the government extends the MVDAC and domestic violence ILR rule to all victims of domestic abuse, regardless of immigration status, and that legal aid is reinstated for all immigration cases, or at minimum to specific groups, including all victims of domestic abuse.