Migrant victims of domestic abuse: review factsheet
Published 3 July 2020
© Crown copyright 2020
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/migrant-victims-of-domestic-abuse-review/migrant-victims-of-domestic-abuse-review-factsheet
The Joint Committee for the Draft Domestic Abuse Bill published a report in June 2019 which recommended that the government explore ways to extend the existing support available for some migrant victims of domestic abuse, specifically the existing Destitution Domestic Violence Concession (DDVC) and the related domestic violence route to indefinite leave to remain (DVILR) which are available for individuals who hold partner visas.
The report also recommended the government consider the issue that the sharing of information between the police and Immigration Enforcement may deter migrant victims from coming forward.
In response, the government undertook to review the overall response to migrant victims of domestic abuse. The review also considered the Committee’s recommendation to extend the period of time that support is offered for migrant victims of domestic abuse through the DDVC, how this support relates to a victim’s ability to access refuge accommodation, our obligations under the Istanbul Convention, as well as specific issues relating to EEA migrant victims and the EU Settlement Scheme (EUSS).
The review
In stage one, we examined 100 cases in which the claimant had applied for ILR on grounds of domestic violence. The review specifically looked at length of time in the UK, whether the claimant had arrived on a partner visa, or had formed their partnership after arrival. It also looked at whether they were being accommodated in a refuge with access to public funds or not. Gender and other characteristics were also recorded.
In stage two, we held a number of workshops and invited evidence from expert sector organisations representing or specialising in the particular complex and interrelated issues that affect migrant victims of domestic abuse. 24 expert organisations contributed to the review, including Women’s Aid, Southall Black Sisters, the Step Up Migrant Women coalition and others.
Key feedback
Access to a refuge space is often dependent upon a victim being able to pay for that refuge space. Refuge buildings are usually houses adapted for multiple occupation and rented from a housing association, local authority or similar landlord. Refuge providers need to be able to pay rent for each occupant and this is often done by confirming that new occupants are eligible for benefits.
Most non-EEA migrant victims will be in the UK on a “no recourse to public funds” basis. Therefore the Destitute Domestic Violence Concession (DDVC) grants a period of three months’ leave outside the Immigration Rules independent from their sponsor, as well as recourse to public funds.
However, the DDVC is only available for specific groups of migrants, mainly those who hold a partner visa, but also some smaller groups such as the partners of refugees or the partners of those serving in the armed forces. It is not available, for example, to those on work or study visas, or EEA migrants who are not exercising a qualifying Treaty right. If a migrant victim is not eligible for the DDVC it is difficult for them to access safe accommodation, though there are some refuges who are able to provide spaces specifically for migrant victims.
Regarding EEA migrants and their family members, we were told by stakeholders that, at the time of the review, the rules for the EU Settlement Scheme did not provide any protection for unmarried partners or other family members subject to domestic abuse; when migrants in this situation leave an abusive situation many then lose their eligibility under the scheme. In addition, EEA migrants who are not exercising a qualifying Treaty right (and do not have settled status) are unable to access public funds and therefore may also struggle to access safe accommodation.
We were also told that there may be some EEA migrants who would be without status if they fail to apply by the deadline for the scheme. There was a concern that migrant victims would be at a greater risk of this due to the controlling nature of the abuse.
In relation to information sharing between the police and Immigration Enforcement, stakeholders raised that migrant victims of domestic abuse are sometimes unwilling to come forward for fear that they may face detention or removal from the UK.
We also heard that many police officers work with Immigration Enforcement to help resolve a victim’s uncertainty about their immigration status and so remove the perpetrator’s ability to control and manipulate them because of their status.
Conclusions and next steps
DDVC/DVILR
From the evidence provided, it was unclear which groups of migrants are likely to be most in need of support and how well existing arrangements may address their needs, as well as how long they might need support for and how they could be supported to move on from safe accommodation. It was clear that a better evidence base was needed to ensure that funding is appropriately targeted to meet the needs of migrant victims.
Therefore, at Second Reading of the Domestic Abuse Bill, the Parliamentary Under Secretary of State for Safeguarding announced that later this year the government will invite bids for grants from a £1.5 million pilot fund to cover the cost of support in a refuge or other safe accommodation for migrant victims who are unable to access public funds.
The findings from the Support for Migrant Victims (SMV) pilot will be used to inform future decisions about support for migrant victims of domestic abuse.
EEA Migrants
For EEA migrants, the government has now made changes to the EUSS rules so that any family member within the scope of the EUSS, whose family relationship with a relevant EEA citizen has broken down permanently as a result of domestic violence or abuse, will be eligible for a retained right of residence under the scheme where this is warranted by domestic violence or abuse against them or another family member. They will be able to rely on this, together with their own continuous residence in the UK, in applying for status under the EUSS. These changes came into force on 4 June 2020.
Additionally, the Home Office has stated its intention to publish guidance for caseworkers on what constitutes reasonable grounds for missing the deadline for the EUSS, which will include situations where those in abusive or controlling relationships are prevented from applying or accessing the documents they need to do so.
EEA migrants who are unable to access public funds will come under the scope of the SMV pilot described above.
Information sharing
We will continue to monitor the implementation of the relevant National Police Chiefs’ Council guidance. As part of such monitoring, we will take into consideration the outcome of the police super-complaint lodged about the police sharing immigration data. In addition, the government will also take into account the outcome of a Judicial Review against the Metropolitan Police’s policy in respect of the passing of information to Immigration Enforcement about victims of crime with unsettled immigration status.