There are several agencies who can advise women about immigration and financial issues with relation to domestic violence (see the bottom of this page). You should definitely seek specialist legal advice about your rights and options.

There's been an important development with regard to the rights of women who have been married to a British person for less than the required time necessary to gain leave to settle in the UK but who need to leave their husbands due to domestic violence.

There was already (since June 1999) a concession that women who can provide particular types of evidence of domestic violence can be exempt from the general time requirements for the length of their marriage. However the evidence required was previously set at an unrealistically high level.

The home office has ammended the legislation so that victims of domestic violence who have been sponsored to come to the UK can apply for indefinate leave to remain the UK using the following types of evidence:

• A medical report from a hospital doctor confirming that there are injuries consistent with being the victim of domestic violence.

• A letter from a GP confirming that there are injuries consistent with being the victim of domestic violence.

• An undertaking given to a court that the perpetrator of the violence will not approach the applicant who is the victim of violence.

• A police report confirming attendance at the home of the applicant as a result of a domestic violence incident; a letter from a social services department confirming its involvement in connection with domestic violence; a letter of support or report from a women's refuge.

Women who gain this concession and are granted leave to settle in the UK will then be entitled to work and/or claim benefits.

Women who don't fit the above criteria but who are homeless due to domestic violence AND are looking after their children can approach social services for support with basic living costs.

There are currently several refuges who will accept limited numbers (usually not more than one at a time) of women without recourse to public funds.

Always seek specialist advice on these and other related issues. You can contact the following organisations for advice on domestic violence and immigration:

• Southall Black Sisters - 020 8571 9595

• Joint Council for the Welfare of Immigrants - 0207 251 8706

• National Domestic Violence Helpline -0808 2000 247

• Newham Asian Women's Project - 0208 472 0528

• Immigration Advisotry Service - 0207 967 1200

• Office of the Immigration Service Commissioner - 0207 211 1500

• Women Acting in Today's Society (W.A.I.T.S) - 0121 440 7000 (West Midlands)

You can get further information about immigration and asylum at the Asian Network website.

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This article was last reviewed by Catherine Orr Deas in December 2005.
First published in February 2003.