Some minority and migrant women experiencing domestic violence are also subject to immigration
control. Some have entered the UK to join their British spouse and subject to a one year
probationary period (also known as the "one year rule") while others may be here as refugees with
a claim for asylum, often as a dependent of their husband. These women are also not allowed
access to public funds, such as social security benefits or Council housing.
Women subject to the one year rule can apply to remain permanently in the UK at the end of the
probationary period, as long as their husbands support their application and the marriage is
subsistent. If the marriage breaks down before obtaining their permanent stay, women face
deportation. Women experiencing domestic violence therefore have a stark choice: stay within the
marriage and risk their lives, and that of any children, or leave the marriage and face deportation
and destitution.
However, immigrations rules do stipulate that women who can show domestic
violence during the probationary period, can stay in the UK permanently. The terms and
conditions of this rule requires women producing certain types of supporting evidence of domestic
violence, which include a civil court injunction, conviction or a police caution and where these are
not available, more than one of the following is required:
- medical reports from a hospital doctor,
- a letter from the GP,
- undertaking given at court by the perpetrator promising not to approach the victim,
- a police report,
- a letter from social services or a letter or report from a women's refuge confirming the domestic violence.
It is important to obtain legal advice from an immigration
solicitor or advisor with a good reputation before making any applications to remain in the country,
which should be done, if possible, before the one year visa expires. If you do not qualify to stay
under the domestic violence immigration rules, you may be able to do so on other grounds. Discuss
these with your solicitor or advisor.
Refugee women can obtain accommodation and financial support from the National Asylum Support
Service (NASS), while those with children can approach social services for help under section 17 of
the Children Act. Women's refuges should also be contacted to obtain temporary safe housing on a
rent free basis. In addition, women subject to a probationary period should have the right to work.
Women should seek help from supportive and trustworthy friends and relatives and obtain legal
advice about making an application to the courts for maintenance from their sponsor. It is advisable
to obtain immigration advice before applying for help from NASS, social services or the courts.
To obtain help to escape domestic violence and deal with related issues see the main BBC website for a list of agencies.
"Does Asian culture allow for domestic violence to become more prevalent then in other cultures? Why do you think that is?...".
Lines are open until midnight, from 5th February until 28th March.
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