SETTLEMENT FOLLOWING DOMESTIC ABUSE
Indefinite Leave to Remain (ILR) as a Victim of Domestic Abuse
In This Guide
18. How Our Immigration Barristers Can Help
Applications for settlement following domestic abuse frequently involve both complex immigration history and highly sensitive evidence.
A strong application should identify the correct legal route, establish qualifying immigration status, explain how the relevant relationship broke down and present the evidence of domestic abuse in a clear and appropriately structured way.
Our immigration barristers advise individuals and families on all aspects of Appendix VDA and the Migrant Victims of Domestic Abuse Concession.
Assessing Eligibility for Appendix VDA
We can review your immigration history and advise on:
- whether your current or previous immigration permission falls within Appendix VDA;
- whether you qualify as a partner or adult child;
- the effect of expired permission or overstaying;
- whether section 3C leave applies;
- whether EU Settlement Scheme status is relevant;
- the position of your children; and
- whether an alternative immigration route should be considered.
This can be particularly important where an applicant has changed immigration categories or where MVDAC eligibility and Appendix VDA eligibility are different.
Presenting Evidence of Domestic Abuse
There is no single prescribed form of evidence for an Appendix VDA application.
We can advise on the evidence available in your particular circumstances and help present it by reference to the correct legal test.
This may include reviewing:
- police and criminal justice records;
- Family Court documents;
- medical evidence;
- evidence from refuges and support organisations;
- local authority and social-services material;
- financial evidence;
- electronic communications;
- witness evidence; and
- your own detailed account of the relationship and abuse.
Where documentary evidence is limited, we can explain why evidence may not have been available and ensure that the application addresses the circumstances in which the abuse occurred.
MVDAC, Public Funds and Urgent Immigration Status
Where immediate immigration independence or financial support is required, we can advise on eligibility for the Migrant Victims of Domestic Abuse Concession.
We can consider:
- whether MVDAC applies;
- the effect on existing immigration permission;
- access to public funds;
- the three-month immigration period;
- whether Appendix VDA settlement is available; and
- alternative immigration applications where domestic abuse settlement is not available.
Preparing Applications and Challenging Refusals
Where an applicant qualifies, we can prepare the Appendix VDA application, supporting evidence and detailed legal representations.
We also advise victims who have been abandoned outside the UK and require entry clearance for settlement.
If an application is refused, we can review the decision and advise on Administrative Review, a fresh application or Judicial Review where appropriate.
19. Contact Richmond Chambers Immigration Barristers
Our immigration barristers are approachable, responsive and proactive, providing sensitive, clear and practical advice to individuals whose relationships have broken down because of domestic abuse.
For expert advice and assistance with an application for indefinite leave to remain as a victim of domestic abuse, contact Richmond Chambers Immigration Barristers on 0203 617 9173 or complete our online enquiry form.
WE CAN ALSO ASSIST WITH
WHAT CAN WE HELP YOU WITH?
To discuss your application for ILR under Appendix Victim of Domestic Abuse with one of our immigration barristers, contact our personal immigration team on 0203 617 9173 or complete our enquiry form below.
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