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Asylum & Immigration Issues

Even if a woman does not have a permanent right to stay in the country or she is not a British Citizen she is still entitled to protection from domestic violence. She has the right to call the police and apply for an injunction against her abusive partner. He will also be subject to the same sanctions as anyone else whatever his immigration status.

Whatever, her status, it is advisable that she sees a doctor to receive treatment for any injuries and report, and have recorded, any emotional or physical abuse she has received.

‘The Domestic Violence Rule’

Many women will have applied for leave to enter or to remain in the UK on the basis of their marriage or relationship with someone who is permanently settled in this country and will be subject to the 2 Year Rule. This immigration rules states that she must complete a 2 year probationary period during which time she must stay with her partner, before she can apply for indefinite leave to remain in the UK.

However if she has come to the UK under this arrangement and can provide evidence that she is a survivor of domestic violence she may be able to qualify for Indefinite Leave to Remain in this country before the two years are up as long as she can supply certain evidence.

Contact Domestic Violence Services for more information.

Women, experiencing domestic violence, who have uncertain immigration status will need specialist immigration advice. Immigration law is complex and applications need to be made in a timely fashion.

An immigration adviser must be registered with the Office of Immigration Services Commissioner (OISC) or an Accredited Immigration Adviser. www.oisc.co.uk provides a list of registered or accredited immigration advisers.

The UK Borders Agency prioritises applications from victims of domestic violence. If a woman’s initial application is refused she has the right of appeal

Financial support - Women with No recourse to Public Funds

Asylum seekers

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