Domestic Violence
DOMESTIC VIOLENCE AND CIVIL PARTNERS/Unmarried Partners
THERE IS HELP
If you are a victim of domestic violence and are worried about what will
happen to your immigration status if you leave your partner, help does exist.
Domestic violence is any threatening
behaviour, violence or abuse between adults who are or
have been in a relationship. Domestic violence can be psychological, physical,
sexual or emotional abuse, and happens to victims regardless of sexual
orientation or gender identity. Unfortunately, incidents of domestic violence do
occur between same-sex partners.
People who have come to the UK to live with their civil or unmarried partners
can be particularly vulnerable when suffering domestic violence. For the first
two years after making an unmarried or civil partner application, a foreign
partner does not have permanent status in the UK and normally, must show that
their relationship has lasted for two years before they can then apply for
indefinite leave to remain – also known as permanent residency. During those
first two years victims of domestic violence can feel trapped and afraid that if
they leave an abusive relationship or report domestic violence, they will lose
their immigration status and have to leave the country.
Fortunately, foreign partners who need to leave an abusive relationship do
have an option. The Home Office Immigration Rules
state that a victim of domestic violence can apply for indefinite leave to
remain in the UK during the two year probationary period and does not have to wait
the full two years.
To do this a person must provide evidence that:
- he or she was lawfully admitted to the UK as a civil partner,
proposed civil partner or unmarried partner of someone present and
settled in the UK;
- the relationship existed at the time the applicant was granted
limited leave to remain in the UK as a civil partner or unmarried
partner;
- he or she is no longer living with their partner;
- the relationship ended as a result of domestic violence.
You may still qualify for settlement under this rule even if a family member
of your partner committed the domestic violence. Normally
you need to show that the violence was the reason for the breakdown of the
relationship or that your partner did not protect you from abuse by their
family.
Proof that domestic violence occurred can come in many forms. The best
evidence is a relevant court conviction, police caution or a non-molestation
order issued against your partner. If this evidence does not exist, other
documentation can be used such as:
- a medical report from a doctor confirming that you have suffered
injuries consistent with domestic violence;
- a letter from a GP confirming that you have suffered injuries
consistent with domestic violence;
- a police report showing attendance at your home on a domestic
violence call;
- letters from a social services department or domestic violence
support centre confirming their involvement in connection with domestic
violence.
In all cases proof should be accompanied by relevant documents and successful
applicants will receive indefinite (permanent) leave to remain in the UK.
Indefinite leave to remain status allows you to work, to be self-employed or, if
necessary, to claim benefits.
If you are a civil partner who has suffered domestic violence, there are
options available to you. If you are the victim of domestic violence, it is
important that you ask for help and report the violence rather than suffer in
silence.
You should seek competent legal assistance to discuss whether you qualify for
indefinite leave to remain in the UK as a victim of domestic violence. UKLGIG
maintains a register of
qualified solicitors who can help you and they are listed
here.
Other resources to turn to for information and support are listed
below:
Home Office website with immigration
rule on domestic violence.
Home Office website guidance on how domestic violence rule is understood
and implemented (see Section 4).
The
Sojourner Project - A pilot scheme for women with no
recourse to public funds, who entered the UK on a spousal or partner
visa and are eligible to apply for Indefinite Leave to Remain (ILR)
under the Domestic Violence Rule.
Woman's Asylum
Charter - Two legal guides produced by Rights of Women
entitled "Domestic Violence, immigration law and "no recourse to
public funds"" and "Trafficking, sexual exploitation and the law".
These guides set out the legal and financial support options
available to women who have been trafficked or who are experiencing
domestic violence and have an insecure immigration status. Available
to download free of charge.
LGBT Domestic
Abuse Forum (DAF)
The DAP (Domestic Abuse Partnership) is made up of
5 LGBT agencies who each provide different services for LGBT victims/survivors
of domestic abuse. With one phone call – 0300 0110 327 – you are linked in with
Stonewall Housing, Galop, Pace, London Lesbian and Gay Switchboard, and Broken
Rainbow.
Woman’s Trust run
free weekly workshops in a comfortable
west
London venue, on a variety of subjects including self esteem,
boundaries, anger, guilt and shame and other topics relevant to
women who have experienced domestic violence.
Every Friday 09.30—12.30
Rugby Portobello Trust
221 Walmer Road
London W11 4EY
To book your place please ring Clare on 0207 034 0303/0304 -
Child care can be arranged with advance notice.
Broken Rainbow provides support for LGBT
people experiencing domestic violence. They
also have a helpline at 0300 999
LGBT (5428), or 0845 260 4460.
The Pace Family Service
offers Family Therapy, Couples Counselling, Individual Family
Support, Telephone Counselling (calls free from UK landlines), Ad
Hoc Telephone and Email Support (calls free from UK landlines), LGBT
Parenting Group, Group for victims of LGBT domestic violence (Free).
For more information about any of these services, to refer yourself
or to make a referral
please contact:
Jo Beecham, Family Services Manager on 0207 715 0367
or call directly to:
PACE Family Support Helpline on 0808 1807 223 (Mon 9.30am-12.30pm,
Thurs 6.30-8.30pm)
or email
pace.helpline@pacehealth.org.uk
Barking and Dagenham NHS leaflet for lesbians and bisexual women
(pdf) who experience
domestic violence. Provides information and many
resources.
Barking and Dagenham NHS
leaflet for gay and bisexual men (pdf) who experience domestic violence. Provides
information and many resources.
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