Migrants: Domestic Abuse
The question
To ask the Secretary of State for the Home Department, what steps her Department is taking to ensure decisions on whether to grant Indefinite Leave to Remain under Appendix VDA are made (a) correctly and (b) with reference to appropriate evidence.
Answered by Seema Malhotra
All applications are decided by a dedicated and specialised casework team in accordance with Appendix Victim of Domestic Abuse which sets out the requirements to be met to qualify for settlement (Indefinite Leave to Remain) where a relevant relationship has broken down because of domestic abuse. If the application is refused, the person can apply for an Administrative Review where they feel the decision is incorrect due to a case working error.
Associated guidance provides examples of evidence that can be provided and factors to consider when deciding applications. All information and evidence available are considered in the round when deciding on the balance of probabilities, if the relationship broke down because of domestic abuse.
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