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 law in respect of DA victims who are here on temporary visas and their ability 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; decision making and the avenues of challenge; and briefly, how Appendix EU of the Immigration Rules assists DV victims who are in the UK. This title also touches upon victims of DA whose claims do not fall under the immigrations rules. It is hoped that this book will provide a comprehensive overview for those advising migrant victims of DA. ABOUT THE AUTHOR Priya Solanki is a barrister practising at One Pump Court Chambers. She has over 15 years’ experience. She has an extensive practice in all areas of immigration (including business immigration), asylum and nationality law. Priya also has a particular interest in and vast experience of cases involving gender–based violence and vulnerable clients. She is a popular choice for solicitors looking to instruct counsel in DV cases. She is ranked Leading Junior barrister in immigration by the Legal 500 and Chambers & Partners. The Directories state that “Priya is dedicated, highly committed, excellent with clients”, “she has a passion for this area of work particularly in working for vulnerable survivors of domestic violence and trafficking”, “she is very knowledgeable and responsive and her advocacy is fantastic” and “she is always up to speed with the latest legal developments and is very good at assisting with the strategy of cases before the litigation stage is reached.” CONTENTS 1 – The Definition of Domestic Abuse 2 – Seeking Leave Under the Migrant Victims of Domestic Abuse Concessions 3 – Making a Valid Application for Settlement as a Victim of Domestic Abuse 4 – Meeting the Suitability and Eligibility Requirements Under the Immigration Rules as a Migrant Victim of Domestic Abuse 5 – Dealing with Transnational Abandonment Domestic Abuse Cases 6 – Children as Dependents of Victims of Domestic Abuse and as Victims of Domestic Abuse themselves 7 – Using Policy Guidance in More Complex Cases 8 – Challenging Refusals under the Immigration Rules as a Victim of Domestic Abuse 9 – Victims of Domestic Violence Under Appendix EU