Destitute Domestic Violence Concessions From 1 April 2012 domestic violence victims who came to the United Kingdom (UK) or were granted leave to stay in the UK as the spouse or partner of a British Citizen or someone settled in the UK will be granted a Destitute Domestic Violence (DDV) concession from the UK Border Agency (UKBA) The concession will last for three months, while the UKBA considers the person’s claim to stay permanently under the Domestic Violence Immigration Rule. During this time the person will be able to seek access to emergency refuge accommodation and claim financial help through income-related benefits, including HB and CTB.

Destitute Domestic Violence Concessions 3. Individuals who have been granted limited leave under the DDV concession will be exempt from both stages of the Habitual Residency Test (HRT) but will need to confirm their status by providing as evidence the UKBA granting them limited leave to remain. 4. Existing processes and procedures for people with limited leave to remain should, therefore, be applied to this category of claimant.

Migrant victims of domestic violence From 1 April 2012, individuals who entered the UK or were given leave to remain in the UK as a spouse, civil partner, unmarried or same sex partner of a British Citizen or someone present in the UK and whose relationship has broken down due to domestic violence can apply to UKBA for a period of limited leave to remain under the Destitute Domestic Violence (DDV) concession pending consideration of their application for indefinite leave to remain under the Domestic Violence Immigration Rule (Settlement DV).

Migrant victims of domestic violence Those individuals who have been granted limited leave to remain under the DDV concession and who are destitute and need financial help are granted access to public funds and are able to apply for income-related benefits, including HB/CTB, in the usual way. These claimants should be treated in the same way as other claimants who are not subject to immigration control. Individuals who choose to make a claim to income-related benefits will need to confirm their status by providing as evidence the UKBA decision letter granting them leave. They are exempt from both stages of the HRT.

Migrant victims of domestic violence The individual is entitled to receive income-related benefits, as appropriate, for the 3 month period of limited leave to remain granted or until their application for indefinite leave to remain as a victim of domestic violence has been decided (whichever is earliest). As limited leave has been granted decision makers should set a case control for review action one month before the leave expires and reconsider entitlement. Clarification of an individual’s immigration status can be sought via the UKBA. It should be explained clearly to the claimant that they need to notify the local authority urgently if their immigration status changes, i.e. they are granted indefinite leave to remain or are not granted indefinite leave to remain and choose to appeal the decision.

Migrant victims of domestic violence In the event that the application for indefinite leave to remain is rejected and the individual chooses to appeal, they have leave to remain until their appeal rights are exhausted, however, will be subject to existing procedures for Persons Subject to Immigration Control.