Monday, April 9, 2012

Support for victims of domestic violence extended - ICS Legal

Help for migrants forced to flee their relationships, as a result of domestic violence is being made permanently available from 1 April 2012.

Eligible spouses and partners will be granted a limited period of exceptional leave by the UK Border Agency. This will give access to public funds and support services, allowing victims to leave an abusive relationship and apply for residence in the UK.

Immigration Minister Damian Green said:

?Domestic violence is a terrible crime affecting people of all ages and backgrounds and this government is determined to tackle it.

?No one should be forced to stay in an abusive relationship and this scheme helps victims in genuine need escape violence and harm and seek the support they deserve.?

The scheme will assist foreign national spouses and partners who are victims of domestic violence. It will provide victims who would otherwise be destitute or have no access to public funds with an avenue to escape abuse and access vital support services.

The government has estimated the scheme will help 500 people to escape from abusive relationships across the UK.

The announcement follows a successful pilot, which has helped 1,522 individuals, including 738 women with children, escape from violent and dangerous situations since November 2009. In many cases the victims were afraid to seek help as they had no access to financial support and feared removal from the UK if their relationship broke up.

Applying for permission to settle here as a victim of domestic violence (Settlement DV)

If your relationship with a British citizen or a person settled in the?UK has broken down as a result of domestic violence, you may be able to apply for indefinite leave to remain here. This is also referred to as permission to settle here permanently.

To be given permission to settle as a victim of domestic violence, you must prove that:

The Destitution Domestic Violence (DDV) Concession

The introduction of the Destitution Domestic Violence (DDV) concession replaces the successful Sojourner project. It is aimed at protecting?those eligible under the DDV concession who are victims of domestic abuse, by allowing them to notify?us?that they need to access public funds while they make a claim for indefinite leave to remain as a victim of domestic violence.

From 1 April 2012 migrants will be able to apply under the Destitution Domestic Violence (DDV) concession.

You can notify the UK Border Agency of your need to access public funds under this policy if:

  • you entered the UK or were given leave to remain in the UK as a spouse, civil partner, unmarried or same sex partner of a British Citizen or someone present and settled in the UK; and
  • your relationship has broken down due to domestic violence; and
  • you do not have the means to access accommodation or to support yourself and need financial help; and
  • you are going to make a claim to stay permanently in the UK under the Domestic Violence Immigration Rule (Settlement DV).

Why will I be contacting the UK Border Agency?

You will be telling?us that you need a change to your leave to allow you to apply to the Department of Work and Pensions (DWP) for financial help while you make an application to stay permanently in the UK under the Domestic Violence Immigration Rule (Settlement DV).

If?we consider you to be in a position to apply for assistance you will be given 3 months limited leave to enable you to stay in the UK with access to benefits.

If you do not need financial help you can apply directly to stay permanently in the UK under the Domestic Violence Immigration Rule (Settlement DV)

Please note that notifications from migrants in any other categories such as work, study, refugees or visitors will not qualify.

Domestic violence helplines

If you are a victim of domestic violence, helplines can give you practical help and advice including:

  • emergency refuge accommodation;
  • safety planning and advice; and
  • translation facilities if you have difficulty communicating in English.

Asylum seekers experiencing domestic violence

You can get help if you are an asylum applicant and you are a victim of domestic violence from your partner or another member of your family.

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