Trapped and Silent: Empowering Immigrants Facing Domestic Violence

According to Crime Survey England and Wales (2022) 2.4 million adults experienced domestic violence – 1.5 million women and 699,00 men. A higher percentage of adults experience domestic violence. For immigrant victims, their residency status in the UK is directly tied to their spouse’s visa. This places them in a vulnerable position. Fear of losing their immigration status acts as a significant deterrent to leaving abusive relationships, as the consequences can be severe and can include deportation or the inability to remain in the country.

What is Domestic Violence?

The government defines domestic violence as:

‘Any incident or pattern of incidents of controlling, coercive, threatening, degrading and violent behaviour, including sexual violence.’ This definition includes so called ‘honour’ based violence, female genital mutilation (FGM) and forced marriage, and is clear that victims are not confined to one gender or ethnic group.

?Controlling behaviour is a range of acts designed to make a person dependant by isolating them from sources of support. Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation, or other abuse that is used to harm or frighten their victim.

Immigration and Domestic Violence

In most cases, if separating from their spouse leaves the victim without access to accommodation or funds to meet their basic living needs, the victim will be able to apply for temporary leave outside of immigration rules under the Destitution Domestic Violence Concession, subject to meeting the eligibility criteria. Those who meet the concession criteria are granted 3-months leave outside the immigration rules. More importantly, this also grants them access to public funds while they apply to settle in the UK. This concession recognises the vulnerability of visa dependent victims and offers a pathway for them to escape abusive situations and find safety.

During this 3-month period the victim is able to submit a separate application for Indefinite Leave to Remain under the Domestic Violence application. ?This rule applies if the victim is in the UK as the spouse, partner, or civil partner of someone who is British or has Indefinite Leave to Remain (ILR).

Indefinite Leave to Remain is how you settle in the UK. It gives you the right to live, work and study here for as long as you like and apply for benefits if you are eligible.

We recommend anyone who is affected by domestic violence and reading this article to seek legal advice if necessary and not solely rely on this article as legal advice.

Conclusion

Breaking free from an abusive marriage is an immensely challenging and courageous decision for any victim. However, for immigrant victims in the UK, visa dependence adds an additional layer of fear and complexity. It is important to recognise that help is available to support and empower these victims in escaping their abusive circumstances. It is essential for these victims to be aware of the provisions available to them and what they should do in these circumstances.