IMMIGRATION

This information will help women who are experiencing domestic violence and their immigration status is insecure.

If you have insecure immigration status, you are still entitled to protection from domestic abuse, just like anyone else living in the UK. You still have the right to call the Police for protection and to apply for an injunction against an abusive partner.

Immigration rules
If you came to the UK in order to marry or join your partner who is already in the UK, current immigration rules state that you have to complete a two year probationary period before you can make an application for indefinite leave to remain in the country. This means that during this time you must stay with your partner.

If you are subject to immigration control, you will be unable to claim most state benefits, including Income Support, Housing Benefit, Jobseeker’s Allowance, Child Benefit or disability allowances. This is known as having ‘no recourse to public funds’. So in this situation you will almost certainly be reliant on your husband, partner or family to support you.

Remaining in the UK
You may be able to remain in the UK under immigration law if some or all of the following apply;

• If you came into the UK on a visa as the spouse or partner of someone who has a permanent right to stay in the UK.
• Your visa has not expired.
• Your relationship broke down due to domestic violence.

Domestic violence and the immigration rule.
If you have suffered from domestic abuse and you can produce clear evidence of this, and you are subject to the two-year probationary period, you may be able to apply for indefinite leave to remain in the UK.

To qualify for leave to remain in the UK as a victim of domestic violence, you will have to show the following;

• You have been given limited leave to enter the UK as the spouse of someone already settled here.
• You are still subject to the two year probationary period.
• Domestic violence occurred during this probationary period.
• You are no longer living with your partner.
• Domestic violence was the reason for the breakdown of the relationship.

As well as the above you will have to show clear evidence of domestic abuse supported by one of the following forms of ‘proof’.

• A non-molestation order or other protection order.
• A relevant court conviction against your partner.
• Full details of a relevant police caution.

If none of these grounds are available, then you will need to produce a number of the following;

• A police report confirming their attendance at your home due to domestic abuse.
• A letter from a GP who is satisfied that your injuries are consistent with being the victim of domestic abuse.
• A medical report from a hospital doctor confirming that you had injuries consistent with being the victim of domestic abuse.
• An undertaking given to the court that the abuser will not approach you.
• A letter from a refuge organisation or other domestic violence service confirming your experience of domestic abuse.
• A letter from social services confirming their involvement in connection with domestic abuse.

If you want to apply to stay in the UK under these immigration rules, application forms are available at www.ind.homeoffice.gov.uk. Until your application to remain has been accepted you will continue to have no recourse to public funds.

No recourse to public funds
The rules as to what financial support people with immigration issues are entitled to are very complicated. If you cannot work and cannot claim benefits it may be difficult to find a refuge place. If you are still subject to immigration control, you cannot claim most state benefits and have no recourse to public funds, at least until a decision is made on your right to remain in the country.

There are some minor exceptions to this rule. Some funding is available through Supporting people to allow women with insecure immigration status who are experiencing domestic abuse access to ‘housing related support’, whether in a refuge or other temporary accommodation, or in the community.

If you have children you might be entitled to support and accommodation from Social services but what is available to you will depend on your immigration status.

Local authorities also have the power under section 21 of the National Assistance Act 1948 to assist victims of domestic abuse, but only if they are particularly vulnerable, or have additional special needs. This is subject to local discretion. 

Below is a link to the Survivor's Handbook - added with the kind permission of Women's Aid Federation of England

http://www.womensaid.org.uk/domestic-violence-survivors-handbook.asp?section=000100010008000100330001