Domestic violence & immigration
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Regardless of your immigration status, if you experience
domestic violence you have the right to protection by the police
and courts from your abuser or abusers. It is important to report
domestic abuse to the police as soon as possible. In some cases
reporting the abuse to the police can support applications relating
to your immigration status, in addition to giving you immediate
protection from harm.
If you leave an abusive relationship or marriage and your legal
right to remain in the UK depends on staying with your spouse or
unmarried partner, you should seek legal advice as soon as
possible.
If you are injured or emotionally distressed you should see a
G.P. as soon as possible or in an emergency go to the local A&E
or a Walk in Centre for medical assistance.
Seeking legal advice
If you had to leave your relationship or marriage due to
domestic violence, and you have limited leave or have a temporary
visa to remain in the UK, and your being here depends on staying
with your spouse or unmarried partner, you must seek legal advice
on immigration immediately.
A list of immigration solicitors is available from the agencies
mentioned below that can put you in touch with an immigration
advisor or solicitor. If it is possible for you to make an
application for indefinite leave to remain in the UK on the grounds
of domestic violence, these agencies can also support your
application by providing reports of domestic violence.
When you go to see an immigration advisor or solicitor or are
seeking help from the appropriate departments within the council
you will be required to provide as much information as possible
regarding your immigration status including important documents
such as your passport, immigration papers, as well as marriage
certificate and birth certificates of your children.
An immigration advisor or solicitor will advise you on your
immigration status, what rights you have to stay and what possible
steps can be taken to remain in the UK.
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Support agencies
These agencies can provide assistance and support to increase
your safety.
- Tower Hamlets Victim Support Scheme, DV Team, Tel: 020 8983
5454
For advice & Information only, contact:
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Domestic violence and immigration law
You may be able to remain in the UK if:
- You came into the Country as a spouse or an unmarried partner
of a person who has the right to stay here permanently
- Your temporary visa has not expired
- Your relationship broke down as a result of domestic
violence
- You can show evidence of domestic violence against you.
The Home Office accepts the following evidence: an injunction,
non molestation order or other protection order made against your
partner or a relevant court conviction against your partner; or
full details of a relevant police caution against your partner. In
certain circumstances the Home Office also accepts medical reports
from a hospital doctor confirming injuries consistent with domestic
violence, a letter from a GP who has examined you and confirms your
injuries are consistent with domestic violence, an undertaking
given to the Court by your partner not to approach you, a police
report confirming attendance at your home because of a domestic
violence incident, a letter from social services confirming its
involvement with you because of domestic violence, a letter from a
women’s refuge.
The agencies listed on the contacts page will be able to put you in
touch with an immigration advisor or solicitor, and will be able to
advise you on your eligibility to apply for indefinite leave to
remain in UK on the grounds of domestic violence.
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Financial support
If you are living in the UK on a temporary visa you are not
entitled to claim certain welfare benefits, housing benefit or get
housing from the council.
However, you are entitled to take on employment and work until
your visa has expired or, if you applied for indefinite leave to
remain in the UK before the visa expired, you may continue to work
until a decision has been made on your application.
If you have children under the age of 18 years you may be
entitled to support and accommodation from Children Social
Care.
You should seek advice from the agencies mentioned above.
An agency that can provide legal advice and assistance on both
immigration and welfare benefits law is:
Tower Hamlets Law Centre
Tel: 020 7247 8998
You may also be entitled to financial support via the Family
Law. Visit the contacts page to access
details of organisations that can put you in touch with a
solicitor.
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