Domestic Abuse under Appendix Victim and Administrative review

15 Jan 2024, 47 mins ago

Exploring the implications of the new Appendix Victim of Domestic Abuse and providing insights on its significance for overseas victims seeking re-entry to the UK.

In a landmark move, the UK government has introduced the Appendix Victim of Domestic Abuse (VDA), marking a pivotal shift in immigration rules. Aimed at aiding victims of domestic abuse who were previously stranded overseas, this new pathway provides a specific route for re-entry into the UK.

Historically, victims of transnational marriage abandonment (TMA) faced a harrowing ordeal. Often British or settled persons would deliberately strand their partners overseas, leaving them in a vulnerable position, with no recourse to the domestic violence rules due to their absence from the UK. This glaring gap in the system has finally been addressed, with the changes set to be implemented from 31 January 2024.

The route under the Appendix VDA offers settlement to those whose relationship breakdown was a result of domestic abuse. Whether you are applying from outside the UK or within, the process mandates specific forms and validity requirements, ensuring that applications adhere to the stipulated guidelines.

Furthermore, the Administrative Review under Appendix AR offers an avenue for recourse. If an application is refused, applicants can seek a review, ensuring transparency and fairness in decision-making.

This progressive step by the Home Office comes after years of advocacy and research. Notably, the High Court ruling in AM v SSHD highlighted the discrimination faced by victims of TMA, emphasising the violation of their rights under the European Convention on Human Rights.

At Gherson, we view this development as a beacon of hope. It underscores the importance of tailored solutions and the need to protect and support victims of domestic abuse, irrespective of their geographical location.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, FacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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