Definition: “Transnational marriage abandonment is a form of domestic abuse involving controlling and coercive behaviour. It refers to the practice whereby the sponsor’s partner or their family member, abandons or strands the partner abroad, usually without financial resources, and with the aim of preventing them from returning to the UK. It may involve children who are either abandoned with, or separated from, the abandoned partner.”
Three categories of TMA
● The first category– spouses who migrate to the UK upon marriage to join their partners in the UK and are then subjected to various forms of abuse, control, neglect and exploitation, following which they are either thrown out of the marital home or compelled to leave the abuse and seek help in the UK or return to their countries of origin.
● The second category– spouses who have come to the UK following marriage and are then abused and taken back to their country of origin usually through coercion or deception.
● The third category – spouses who go abroad for the purposes of marriage but then fail to sponsor their partners to the UK with the consequence that the foreign spouse never migrates to the UK.
● Immigration rules came into force on 31 January 2024
● Appendix Victim of Domestic Abuse
● https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-
victim-of-domestic-abuse
● Victims of domestic abuse abandoned overseas can apply for a visa to re- enter the UK
● an ‘entry clearance’ route for victims of TMA
● application is for settlement i.e. indefinite leave
● cannot apply to DDVC from outside UK
Core requirement (1)previous visa
The route is only for victims of domestic abuse who have previously been in the UK with a specific partner visa
● The same criteria applies as for applications made inside the UK for indefinite leave as a victim of domestic abuse
● Must have, or last been granted, permission in the UK as partner of person who is:
○ British, settled, a refugee (partner permission granted under family member or refugee family reunion rules); or
○ An EU citizen with pre-settled status based on their own residence in the UK by 31.12.2020
(partner permission granted under family member rules i.e. Appendix FM); or
○ member of UK armed forces (partner permission granted under Appendix Armed Forces & additional criteria apply).
● Again, this same requirement applies as for applications made inside the UK for indefinite leave as a victim of domestic abuse
● The relationship between the applicant and their partner must have broken down permanently because of domestic abuse.
Core requirement (2)DV relationship breakdown
● The same requirement applies as for applications made inside the UK for indefinite leave as a victim of domestic abuse
● The relationship between the applicant and their partner must have broken down permanently because of domestic abuse.
● Caseworker guidance:
○ “they may not be able to obtain and produce evidence in the same way as in-country applicants.”
○ “an applicant does not have to provide medical or independent evidence of domestic
abuse if the account of the abuse and the circumstance of the abandonment is reasonably detailed, consistent, and plausible. However, additional evidence of domestic abuse from the below section ‘types of evidence’ may strengthen the overall
application of a transnational marriage abandonment applicant where you do not feel the account given is reasonably likely.”
Core requirement (3): a b a n d o n m e n t
• An applicant applying from outside the UK must have been abandoned outside the UK.
• Caseworker guidance:
– “As transnational marriage abandonment is a recognised form of domestic abuse then this would be sufficient evidence to meet VDA 4.2. and VDA 4.3. “
How to make a TMA application
Complete the online application form.
https://www.gov.uk/indefinite-leave-to-remain-domestic-violence-abuse/apply-outside-uk
Select ‘Return to the UK’ option.
Children complete a separate application form.
Supporting documents
● Applicants should provide supporting documents to evidence the information provided in the application form including:
● passport / travel document
● TB test certificate (mandatory for certain countries, if unable to obtain try to rely on waiver power)
● statement of the domestic abuse and circumstances of the abandonment
● other evidence of domestic abuse.
● After submitting the application online, applicants must make an appointment at a Visa Application Centre to provide their biometric information (fingerprints and photo) and passport
● If do not have a valid passport and unable to get a new one, consider caseworker guidance on relying on other identity documents and use of discretion.
● If unable to attend an appointment, consider caseworker guidance on biometric re-use / excuse.
● General suitability grounds for refusal apply
● Part 9 immigration rules (except para 9.8.4.(a) which means previous overstaying is not automatically grounds for refusal)
● For example: criminality, sham marriage, deception, previous breach of immigration law, NHS debt, unpaid litigation costs
● Only issues since last visa was granted are considered.
● Caseworkers must consider impact of domestic abuse when assessing suitability.
