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<h1>Changes to Victims of Domestic Abuse settlement policy and Skilled Worker visa conditions </h1>

Changes to Victims of Domestic Abuse settlement policy and Skilled Worker visa conditions

Government statement
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Last week, the government published a statement of changes to the immigration rules. This blog is about two key changes: 

  1. Changes to Appendix Victims of Domestic Abuse (VDA) of the immigration rules 

  1. Changes to the visa conditions of Skilled Workers who are recognised as victims of modern slavery 

Changes to Appendix Victims of Domestic Abuse (VDA) of the immigration rules 

Until now, the immigration rules have only allowed partners or spouses to apply for settlement where they have had to leave the relationship due to domestic abuse.  

 

The person applying is able to apply for their children (regardless of their age) alongside them provided that their child is still dependent on that parent and the child is not leading an independent life (they are still living with the person applying and are not married or in a civil partnership).   

 

Children aged 18 or over who are dependent on a parent have not been able to use the VDA route to leave abusive households independently, for example where they have experienced domestic abuse from a singular parent or both. The only way for a child over 18 to apply for settlement has been if they did this alongside a parent leaving, or by applying outside of the VDA rules.  

From 8th October migrant victims of domestic abuse who previously had permission as a child on a family route will be able to access settlement if their relationship with their parent, or their parent’s partner, breaks down because of domestic abuse. They must be aged 18 or over at the time of applying. 

 

This means that adult children can apply for settlement as a victim of domestic abuse in their own right, independent from a parent, where their parent does not flee abuse alongside them or their parent is the perpetrator. 

We are pleased that this change has been made and that this group of people have been rightly considered in addressing the need for protection for migrant victims of domestic abuse. Previously, we have supported people in this situation to apply outside the rules. This will make the process more straightforward, enabling people to leave abusive situations sooner. 

 

We are, however, concerned for those people who are still excluded from the rules and lack protection as migrant victims of domestic abuse. In particular children who are under 18 who need to flee their home due to domestic abuse, but who have not been given a clear route of protection out of this. 

 

We will continue to advocate for the rights of all migrant victims of domestic abuse, and continue to offer our support and guidance to people affected to help them leave their unsafe circumstances and rebuild their lives in safety. 

We have guidance on applying for settlement as a victim of domestic abuse, and we will update this on the 8th October to reflect the new guidance - see here.  

 

If you or someone you know is a victim of domestic abuse and needs help applying to leave your circumstances, please make a referral to us. 

Make a referral to GMIAU

Clarifying rules for applications from overseas 

There has also been a change to the rules on applications from overseas. Victims of domestic abuse who are abandoned overseas may apply for settlement from outside the UK. However, this only applies where the victim was physically present in the UK before being abandoned. 

Previously, a person could be granted entry clearance (EC) as a partner and, if subsequently abandoned overseas, apply for EC on the basis of domestic abuse without ever having entered the UK. The new rules clarify that this is no longer permitted. A person who is abandoned before arriving in the UK will not be eligible to apply for settlement as a victim of domestic abuse. 

Changes to the visa conditions of Skilled Workers who are recognised as victims of modern slavery 

Until now, the sponsorship system that was introduced after Brexit, has meant that people on skilled work visas have been tied to a sponsoring employer for the duration of the visa. It has meant that workers on this route who have no recourse to public funds, including people on the health and care worker visa, have been subject to exploitation by employers who have used the workers’ status vulnerability to underpay, overwork, and mistreat them. 

 

Campaigners have long been advocating for the need for the rules to change to allow people to change their sponsors freely so long as they remain employed, allowing people to have more autonomy and not be forced into exploitative situations. 

As of the change coming in force on 8th October 2026, the restriction tying an individual’s immigration status to a specific sponsor will be lifted if they receive a positive “conclusive grounds” decision formally recognising them as a victim of modern slavery through the national referral mechanism (NRM) – the UK’s framework for identifying and supporting victims of modern slavery and human trafficking. 

 

This means that victims who entered the UK legally and have been recognised as victims of modern slavery by the NRM, will now be able to apply for permission to undertake work in any occupation for the remaining duration of their visa validity. 

We recognise this as being a positive step in the right direction of protecting workers rights. It is right for people who have experienced the worst exploitation to have the freedom they deserve. However, people should not have to be exploited in order to be considered ‘eligible’ for changing their employer. People should have the freedom to change their employer before this occurs, in order to uphold the dignity and autonomy that people deserve.  

 

For those who have been exploited, there are well-documented barriers to getting the right decision through the NRM. Recent legislation has sought to make it harder to be recognised as victims of modern slavery. 

Additionally, one of the most common ways that workers are exploited is financially, through withholding wages and overworking their employees. Financial exploitation is not in the NRM definitions of exploitation and modern slavery so this excludes the vast majority of people who’ve been financially scammed and exploited. Making people jump through unnecessary hoops to secure their safety and freedom is unfair and it makes workers powerless, trapping them in dangerous conditions. People must be given the option to change their employer when they wish to, in order to preserve their dignity, safety, and wellbeing. 

Get help from us

If you or someone how know is experiencing domestic abuse and needs immigration support, please make a referral to us.

Make a referral to GMIAU

If you or someone how know is on a health and care worker visa and needs support, please make a referral to us. 

Make a referral to GMIAU

For help with other skilled worker visas, please see the additional resources to learn more about migrants work rights: 

Work rights centre Focus on labour exploitation Unison

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