Home Office amends rules to include partners with pre-settled status within scheme of support for survivors of domestic violence

Case update: 21 March 2024

In response to the Law Centre's case, GN v SSHD, the Home Office has now amended the immigration rules to include partners with pre-settled status within the new scheme of support for migrant victims of domestic abuse.

In December 2023, the Home Office settled the Law Centre client’s legal action by admitting that it had discriminated against our client by refusing her access the old Destitute Domestic Violence Concession (DDVC) scheme despite her being recognised as a victim of domestic violence because she has pre-settled status under Appendix EU therefore treating her less favourably than a victim with limited leave under Appendix FM. The terms of court order included a requirement for the Secretary of State to undertake a review of the DDVC scheme.

The Home Office appears to have now completed this review and laid an amendment to the immigration rules to come into force from 4 April 2024. Appendix VDA will be amended to allow spouses/partners with PSS to apply for Indefinite Leave to Remain. The new Migrant Victims of Domestic Abuse Concession (MVDAC) will also be amended to reflect this change. See page 260 of the statement of changes here and the explanatory memorandum here for further detail.

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