What to do if domestic violence has been comitted

[SAA]

Hello!

I am not saying that it has happened to me but any help will be very crucial indeed!


The question about public funds and the immigration status after domestic violence.
A woman has experienced domestic violence from her husband. The police report, medical eveidence can be provided. She is on a 2 years spousal visa with restriction not to have any recourses to public funds. The marriage has lasted for over a year.
A couple has a child, British citizen the same as his father.
She does not work, the accommodation is rented.

So after domestic violence has been comitted, everybody including the police, have been trying to convince her that because her baby and she are in danger, she is entitled to public finds like housing, income etc . Their statement was based on fact that the baby is British so the Government has to protect him and the mother as his main carer would get all benefits now to support him.

We are really devastated now. She has a stamp in her passport no recourse to public funds, the Immigration Rules does not have an exception as domestic violence to get public benefits. Everybody is sure she can do it. We do not think so. Please help us to understand who is right.

[yankeegirl]

I'm not sure about things like housing benefit and the like, but I do know she could be placed in a DV hostel or shelter regardless of visa situation. A friend of mine in Belfast works in a DV hostel and they get women and children from everywhere. There, they are usually paired with social services, who would know the long term rules/regs. The most important thing is for this woman and child to get to a safe place.

To be perfectly blunt, the Internet may not be the best place to find info. Have this person get to a victim support organization ASAP. They would be the best resourse to find out what her options are. I can assure you this woman is not the first in this situation, and they will have come across it before. Best of luck.

[SAA]

Thank you!

[jimquk]

The lady should certainly get legal advice immediately, there may be other issues to be considered as well as immigration status, ie custody/access to the child, securing an injunction to prevent violence, division of any assets.... it's a messy business.

There are special provisions to get ILR without completing two years' marriage, but there has to be solid evidence of the violence, eg from the Police; but as far as I know, there is no provision for public support until the ILR is granted. Women's refuges will do their best to help, but are desperately under-resourced; nevertheless, they may have access to charitable support for organisations like the Red Cross.

Every effort should be made to expedite the ILR application - she should try to get hold of as much documentation (and cash!) as possible when leaving the house, she should obtain proper and specialised legal advice and other support first, and she should approach the local authority to see what their attitude is about how they would fulfil their legal duty to support the child - would this extend to supporting the mother as well? (Note that the child has to be supported not because they are British, but because they are a child).

Check this page for valuable information and links: http://www.womensaid.org.uk/domestic-vi ... 0100350002

Remember that until ILR is granted, the conditions of the spouse visa continue: she is allowed to work. So if someone can help with looking after the child, or if she is prepared to leave the child with the father, this would solve the problem of public funds.

In my opinion, it is essential that someone in such a situation leave ASAP, as the longer they stay the more difficult it may be to escape; on the other hand, it can only be when she is ready, she will need to consider possible wider consequences of a split, perhaps in the home country where there may be little protection for vulnerable family members.

[SAA]

thanks for your reply !! it is so helpful, I am just copying the information and sending it to her!

[vinny]

See also Chapter 8 - Family members > Section 4 - Victims of domestic violence and
Chapter 8 - Family members annexes > Section 4 - Victims of domestic violence > Annex AB - List of recognised domestic violence organisations and
Application types > Application form SET(DV).

[sunny9675]

most of us r suggesting to get govt benifits ? why ?

tom , harry and don will marry and govt will pay the bill ?

what a novice a good ideas .

except moral and physical protection govt should recover all cost from

tom, harry and don who bought this affair, is in it ?

[jimquk]

OK, Sunny, so what is your suggestion for the lady given that she has a young baby? How exactly will she be provided with "moral and physical protection" if she has no means of eating other than what the husband provides between beatings?

No-one is recommending a life on benefits; benefits exist precisely to help people out who fall on hard times - which can happen to any of us.