Dependant Visa Holders Leaving a Relationship Because of Domestic Abuse
New Immigration Rules offer a way to get temporary permission to stay in the UK under the Migrant Victims of Domestic Abuse Concession (MVDAC)
If you are in the UK on a Dependant Visa and your partner is in the UK on a Work Visa or Business Visa you may think that if you end your relationship your permission to stay in the UK stops with the termination of the relationship.
A change to the UK immigration rules may give you the option to apply for temporary permission to stay in the UK under the Migrant Victims of Domestic Abuse Concession (MVDAC). This 3-month period of leave may give you the time needed to look at your family situation and your best visa options if you want to remain in the UK.
At OTS Solicitors we have specialist Immigration Solicitors and Family Lawyers who can give you the expert legal advice you need if you are in the UK on a Dependant Visa and your relationship is ending.
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For immigration and family law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Temporary permission to stay in the UK if you are in the UK on a Dependant Visa
The Home Office published a change in rules on applying for temporary permission to stay in the UK under the Migrant Victims of Domestic Abuse Concession (MVDAC) on 16 February 2024. This concession was formerly known as the Destitute Domestic Violence Concession (DDVC).
Before 16 February 2024, the only people entitled to use the concession were those in the UK on a Family Visa, such as the Spouse Visa, Unmarried Partner Visa or Civil Partner Visa. The Home Office has extended those eligible to apply for 3-month temporary permission to stay in the UK to those who are in the UK on a Dependant Visa and the main visa holder has either:
- A Work Visa
- An economic route visa
- A Student Visa
To use the concession your relationship must have ended because of domestic abuse.
There is still a difference in the immigration treatment of those in the UK who have experienced domestic abuse as partners on Family Visa under Appendix FM and those in the UK as partners on Dependant Visas:
- A Family Visa holder can apply to use the 3-month concession and can then apply to settle in the UK if their relationship with their sponsoring partner breaks down due to domestic abuse – using the domestic violence concession for an indefinite leave to remain application they can apply to settle in the UK even though they do not meet the 5-year residence requirement
- A person on a Dependant Visa, where the main visa holder falls into the eligible category, is limited to applying for 3 months temporary clearance if their relationship with the main visa holder breaks down because of domestic violence
The purpose of the 3-month window for Dependant Visa holders
The Migrant Victims of Domestic Abuse Concession (MVDAC) allows Dependant Visa holders who are ending a relationship because of domestic abuse the ability to apply to stay in the UK for 3 months with independent immigration status to the main visa holder who helped them secure their Dependant Visa.
The concession is intended to allow Dependant Visa holders subject to domestic abuse a short window to apply for a visa in their own right ( for example, a Skilled Worker Visa) or to leave the UK during their 3-month period of lawful stay.
The 3-month concession is made outside of the immigration rules and allows applicants to apply for recourse to public funds for financial support where required and support from specialist services.
The concession does not support those in the UK on a visa who are leaving an abusive relationship where they have independent immigration status. For example, someone in the UK on a Health and Care Worker Visa or Skilled Worker Visa. Nor does the concession help those who are in the UK on a Fiance Visa.
Our Immigration Solicitors can explain if you are eligible to use the concession and your alternative visa options. We can then support you in your visa application should you decide that you want to apply for a visa to stay in the UK beyond the 3-month window. Call OTS Solicitors on 0203 959 9123 or contact us online.
Can any Dependant Visa holder apply for MVDAC leave?
A Dependant Visa holder can only apply for MVDAC leave if they have ended their relationship with the main visa holder because of domestic abuse.
Domestic abuse is widely defined. The definition is contained in the Domestic Abuse Act 2021.
Domestic abuse is ‘’any single incident or pattern of conduct where someone’s behaviour towards another is abusive, and where the people involved are aged 16 or over and are, or have been, personally connected to each other (regardless of gender or sexuality).’’
All forms of abuse are treated as domestic abuse. Abuse covers:
- Physical violence
- Psychological
- Sexual
- Financial
- Emotional
- Threats of abuse
- Honour-based violence and dowry-related abuse
- Controlling and coercive behaviour
If you are not sure if you can use the concession our Immigration Solicitors can advise you. If you need help to protect yourself from ongoing abuse our Family Law Solicitors can help you apply for an injunction order or a child arrangement order to protect your children.
What you can do during your 3-month MVDAC leave?
If you are given 3 months leave to stay using the Migrant Victims of Domestic Abuse Concession you are permitted to work with no prohibition on recourse to public funds. The Home Office will confirm your temporary status so you can use this to gain the support you need.
During the 3-month temporary leave, it is vital to take specialist immigration legal advice on your visa options and to make your new visa application before your 3-month leave expires. If you make an application before your 3-month leave expires you can continue to live in the UK until the Home Office decides your application for a visa in your own right.
Can you apply to extend the MVDAC leave?
You cannot apply to extend your leave beyond the permitted 3 months. That is why it is important to take expert immigration legal advice quickly if you want to put in a new visa application so you can get a visa as the main visa holder.
Can you apply for MVDAC leave more than once?
You can only apply for MVDAC once. The 3-month window is designed to give you the time to apply for a new visa if you want to stay in the UK. Whilst your new visa application is pending you can continue to stay in the UK. This is known as section 3C leave.
What happens if you do not apply to use the MVDAC and you are in the UK on a Dependant Visa?
If you are in the UK on a Dependant Visa as the partner of a main visa holder and your relationship ends then you need to leave the UK or apply for a visa in your own right quickly if you do not have the benefit of the 3-month legal status.
If you stay in the UK after your relationship has ended then you are classed as an overstayer by the Home Office because your Dependant Visa was contingent on your being in an ongoing relationship with the main visa holder.
Immigration Solicitors will warn you about the importance of using the concession if you meet the eligibility criteria because this should give you the time to make an immigration application to stay in the UK in your own right and without your immigration record being adversely affected. If your immigration record is affected it is then it is far harder to get the Home Office to grant you a new visa.
How can OTS Solicitors help you?
At OTS Solicitors our Immigration Solicitors can help you understand your visa options when you are leaving an abusive relationship and you are on a Dependant Visa. We can then guide and support you through your visa application.
Our Family Lawyers can assist you with all your family law needs ranging from advice on applying for injunction orders, divorce proceedings and court jurisdiction, financial settlements as a separating spouse or as an unmarried partner, children law court jurisdiction, and applying for a child arrangement order or advice on whether you need a relocation order if you want to return to your home country with your children.
UK Online and London-Based Immigration Lawyers and Family Solicitors
For immigration and family law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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