West Sussex County Council: Immigration and Domestic Violence

If you have immigration problems and are in an abusive relationship

Even if you do not have a permanent right to stay in the UK or British citizenship you have the right to call the police for protection against violence and to apply for an injunction against your abusive partner. You should also go and see a GP at the earliest opportunity to get treatment for any injuries, and to report any emotional or physical abuse you have received.

However, if your right to BE in the UK is dependant upon you staying in your marriage or relationship you will need to seek immediate immigration advice.

In order to help you, your legal advisor will need to know the following information:

If you have a passport it is very important you try and take this with you when you see the solicitor, as most of the above information will be in your passport. Your legal advisor will advise you on what your immigration status is, what right you have to stay in the UK, and what steps if any you can take to remain in the UK, particularly if you are afraid to return to the country you came from.

Domestic Violence Rule

You MAY be able to stay in the UK under immigration law if some/all apply. Your legal advisor will be able to advise you:

• 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 and
• You can show that domestic violence has taken place against you by way of one of the following: criminal conviction, injunction order, criminal caution, or two or more of the following: undertaking from the person who is abusing you given to the court during injunction proceedings, letter from GP/hospital or medical records, letter from social and caring services, letter from police, letter from a women’s refuge.

Financial Support

The rules as to what financial support people with immigration problems are entitled to is complicated. If you cannot work and cannot claim benefits it may be difficult to find a refuge place. If you have children with you, you might be entitled to support and accommodation from social and caring services but what you get will depend on your immigration status.

Asylum Seekers

If you have claimed asylum you will be entitled to support and accommodation from NASS (National Asylum Support Service). If you are already an asylum seeker when the violence takes place, NASS should pay for you to go to a refuge or other temporary accommodation and help you to move away from your abuser. If you are dependant on an asylum seeker and your relationship has broken down due to violence, you need to seek urgent legal advice on what you should do next.

Home Office

The home office will require you to complete an application form to reside in the UK. They charge for this service. However, you are exempt from charges if you are applying for indefinite leave to remain in the UK on the grounds of domestic violence if you are destitute when you apply.

The form can be found on the home office website (www.ind.homeoffice.gov.uk) and is entitled SET (0).

• Where to Get Advice