Guidance

Domestic abuse case studies from the foreign and Commonwealth community

Updated 5 October 2022

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• Who can help?

Support within the foreign and Commonwealth community

Cases of domestic abuse where either one or both partners are foreign and Commonwealth nationals can impact on their immigration status and the right to reside in the UK; this is a very complicated issue. Specialist military welfare providers are experienced in managing these cases and should be contacted for help and support. Royal Navy Royal Marines (RN RM) Welfare, Army Welfare Service and SSAFA Personal Support and Social Work Service (RAF) work to a specific code of confidentiality, in accordance with legal requirements, which would be explained during any initial contact. Further information on these welfare providers is detailed below.

A case study outlining the support provided by Gildea House (a SSAFA Stepping Stone Home) to a mother from Jamaica, as well as a case study from Army Welfare Service, is included in this section. Additional information on visa application is outlined after the case studies.

Armed forces welfare providers

Royal Navy Royal Marines (RN RM) Welfare

Royal Navy Royal Marines (RN RM) Welfare offer confidential advice and welfare support for all Royal Naval and Royal Marine personnel and their families. RN RM Welfare work to a single point of contact called the RN RM Welfare Portal, which allows easy access to all welfare services for families, service personnel and unit staff.

Army Welfare Service

Army Welfare Service provides accessible, independent, confidential and professional specialist welfare service to soldiers and their families with any personal or family difficulty. For all Personal Support enquiries and referrals please contact the Intake and Assessment Team on 01904 882053 or email them on RC-AWS-IAT-0Mailbox@mod.uk.

SSAFA Personal Support and Social Work Service (RAF)

In addition to wider support available through SSAFA, the RAF has commissioned a UK based personal support and social work service. Support is controlled on a regional basis, with all large and medium sized stations having SSAFA fieldworkers. The personal support and social work service can be accessed by all RAF personnel, including reserves, and their families. More information on this support service, as well as regional contact details, can be found on their website.

Army Families Federation

Within Army Families Federation their Foreign and Commonwealth Specialist is Office of the Immigration Service Commissioner (OISC) accredited, and best placed to advise army families on immigration issues that are linked to domestic abuse. For further information go to their website.

Case study: Gildea House (a SSAFA Stepping Stone Home)

Mrs B was referred to Gildea House by Army Welfare Service (AWS). Within a few days of receiving Mrs B’s application she and her daughter arrived via transport arranged by AWS. Mrs B and her teenage daughter were quite traumatised and very anxious about their future. The family unit had broken up and in her own words “it was like a bomb going off and now I am left to pick up the debris”.

Staff worked closely with the family. Her daughter wanted to see her father who she missed greatly. Mrs B wanted to co-operate and supported her daughters wish to have a relationship with her Dad. She felt the marital breakdown was not the child’s fault; it was just that her Dad thought it was all right to be violent, and her Mum would never do anything about it. Staff worked closely with the Unit Welfare Officer who kindly agreed to help Mrs B’s daughter have some contact with her Dad. Staff also arranged at the same time to collect belongings that Mrs B had left behind; clothes and items that she needed as well as valuables that meant a lot to her. The service family accommodation had to be handed over and these items had to be collected. Mrs B had arrived at Gildea House with 1 suitcase, she had little money and no recourse to public funds; these items were very important to her.

Mrs B was facing the possibility of returning to her home town in Jamaica which worried her greatly. Although she had family in Jamaica, she feared for her life. Her husband’s family also lived there and he frequently visited them. Mrs B and her daughter had also become accustomed to life in the UK. Her daughter attended school and was doing very well and Mrs B had worked hard since arriving in the UK, caring for the elderly; a job she loved.

When she arrived at Gildea House Mrs B was vulnerable, scared and also very isolated. After a few months her confidence started to improve and she also started to build a relationship based on trust with the staff. It became obvious to her that she could not just sit around and wait for her application for indefinite leave to remain (ILR) in the UK to be considered; this was going to be a long drawn out process with many visits to the solicitors and support at court. Even though Mrs B had family in the UK (her Grandmother and Uncle) she appeared to be ashamed of what had happened to her and she often blamed herself. Mrs B decided, together with the staff, that the best thing for her would be to do volunteer work, and she managed to find work at a local charity shop. With her daughter at school full time, Mrs B spent her days working at the charity shop. She also attended counseling sessions which the staff had organised through AWS. This took Mrs B’s mind off the very difficult time she was having, and although there were bad days, keeping busy made it easier to cope.

Mrs B had to attend 2 very traumatic court cases. One involved the domestic abuse her husband had put his family through. Mrs B attended court and gave evidence against her husband, who she felt she no longer recognised. In her own words she stated, “I truly thought that I would spend the rest of my life with this man, why would he hurt us both so much, when all I did was love him?”. The second court case was the tribunal for Mrs B’s leave to remain in the UK; she was refused but her solicitor appealed relentlessly. Mrs B found the strength to face this ongoing challenge, and was granted leave to remain for 30 months. Staff at Gildea House supported Mrs B throughout this process, and also accompanied her in court.

Because the family did not have any money staff initially almonised funds to support their welfare needs. Having been granted leave to remain the family became entitled to claim benefits, including Housing Benefit, Child Tax Credit and Child Benefit. Job Seekers allowance was also granted and Mrs B could not wait to get back to work. Staff supported the family with all the applications (advising, guiding and assisting with forms) and gradually the family started to get their life back on track. Eventually Mrs B and her daughter were offered accommodation, not too far from Gildea House so Mrs B’s daughter was able to remain at the same school; they enjoyed having a place they could call their own. Staff also almonised funds to help them furnish the property.

Mrs B is now working as a carer for the elderly and her daughter is preparing for her GCSE exams. Her daughter has settled in well at her new school, she enjoys sport and is also a member of the school netball team. Mrs B’s solicitor continued to appeal her application for Leave to Remain, and she was eventually granted indefinite leave to remain. Staff have kept in touch with Mrs B and her daughter and they come to visit regularly. Mrs B always says thank you, she is very grateful and still says she is not sure what would have happened if Gildea House were not there for her. The support will continue for as long as Mrs B needs it.

SSAFA Stepping Stone Homes support female victims of domestic abuse who have a connection with the armed forces; this support is not limited to victims from the foreign and commonwealth community. Applications can be downloaded from the SSAFA website.

Case study from Army Welfare Service

Family composition: Serving Soldier, Pte A, Spouse, Mrs A, Son, aged 5 years.

Mrs A self referred to the Army Welfare Service (AWS) for support during her marital breakdown. She had been in an abusive relationship for a considerable length of time and had left her husband in order to protect herself and her son.

An application for short stay residence in a SSAFA Forces Help, Stepping Stone home was submitted to enable Mrs A to receive on going practical and emotional support. This was linked to her application to apply for a visa to remain in the UK, giving her the right to reside and care for her son who is a British citizen. The SSAFA application was accepted, however Mrs A made the decision to remain in her current location. She went on to obtain legal advice and support in applying for a ‘Derived Right of Residence’ visa; this was a lengthy process.

An application for financial assistance was made to the local SSAFA ‘In Service Committee’ who supported Mrs A as she and her son made the transition away from service family accommodation (SFA) to local area social housing. The Royal British Legion (RBL) and the unit Regimental Headquarters also provided financial assistance and supplied domestic heating oil and food vouchers. This enabled Mrs A to reside in her preferred location, ensuring minimum disruption to her son. Mrs A declined support from Women’s Aid, and was supported on an emotional and practical level by the AWS through the transition.

Additional information on visa application

Non-British spouses of armed forces personnel may be dependent on their partner for their immigration status. In abusive relationships this reliance can be used as a threat to silence the victim. Cases of domestic abuse where either one or both partners are foreign and Commonwealth nationals can impact on their immigration status and the right to reside in the UK; this is a very complicated issue.

When a victim of domestic abuse is not a British citizen it is important to seek qualified immigration advice as soon as possible after a relationship has broken down rather than wait until their current visa has expired. When the perpetrator is residing in the UK on a dependant’s visa, a breakdown in the relationship will mean their visa is no longer valid and as a dependant of a service person and on expiry of that visa they will most likely have to return to their country of origin.

Domestic abuse victims (and their children) who are subject to UK immigration controls, may be eligible for settlement or indefinite leave to remain (ILR) if they have experienced domestic abuse as the partner of a British citizen, a person settled in the UK, or a foreign or Commonwealth member of the armed forces who has served for at least 4 years. The Domestic Violence Concession allows domestic abuse victims to apply for settlement (ILR) in their own right, enabling access to UK state support. Spouses or partners of service personnel who are not British citizens or have not settled in the UK and who have not yet served for 4 years are not eligible for leave to remain under the domestic violence provisions. They would need to take Office of the Immigration Service Commissioner (OISC) accredited advice on whether they were eligible to remain for other reasons.

Any victim of domestic abuse who intends to apply for ILR should seek qualified immigration advice before submitting an application. The Office of the Immigration Service Commissioner (OISC) has a register of regulated immigration advisers, including those who do not charge clients for advice or services; the register can be found here.

More information on this process, including the eligibility of children, can be found here.

Related information

• Domestic abuse: guidance and support for the armed forces community
• Forced marriage
• Female genital mutilation (FGM)

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