Immigration provisions for victims of domestic
violence
Standard Note:
SN/HA/04644
Last updated:
29 November 2013
Author:
Melanie Gower
Section
Home Affairs Section
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and is not intended to address the specific circumstances of any particular individual. It should
not be relied upon as being up to date; the law or policies may have changed since it was last
updated; and it should not be relied upon as legal or professional advice or as a substitute for
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People with temporary immigration status who suffer domestic violence are often particularly
vulnerable:
• their visa conditions do not allow them to access specified public funds; and
• their immigration status may make them hesitant to take action against their partners, in
case they lose their right to remain in the UK.
The Immigration Rules allow for a victim of domestic violence who is in the UK as the
spouse/partner of a British or ‘settled’ person to apply to stay permanently, even though the
relationship is no longer subsisting. These rules do not apply to EEA nationals or their family
members, persons who have limited leave as the spouse of a temporary migrant, or asylum
seekers or their family members.
Furthermore, the ‘no recourse to public funds’ rule prevents migrant victims of domestic
violence from accessing housing or welfare benefits, until they have an immigration status
which entitles them to public funds (such as Indefinite Leave to Remain).
In the past, the restrictions on access to public funds caused difficulties for destitute migrant
spouses with an application pending under the domestic violence rules, because few refuges
will accept people without recourse to public funds. However since April 2012 a new policy
concession has been in effect, which enables migrant spouses to apply for a temporary
immigration status which gives access to public funds whilst they are waiting for a decision
on their application for indefinite leave under the domestic violence rules.
The concession was welcomed by campaigning organisations, although they continue to
raise concerns about the lack of protection available to other categories of migrant, and other
aspects of government policy affecting migrant victims of domestic violence.
