DOMESTIC VIOLENCE, IMMIGRATION LAW AND - Rights of Women

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Women who qualify to apply for indefinite leave to remain under the main Domestic Violence rule 2 and who need to find safe accommodation and financial support while they prepare their application and wait for the UKBA response, may now notify the UKBA of their intention to apply under the Domestic Violence rule, and receive a decision granting 3 months’ leave to remain with recourse to public funds. The UKBA call this route ‘Destitute Domestic Violence’ (DDV for short). What is the DDV process? This process of ‘notification’ (applying for recourse to public funds while you apply for indefinite leave to remain under the domestic violence rule) is done by downloading form DDV from the UKBA website, completing the very basic information required on it, and emailing it straight back to the UKBA email address given on page 2 of the DDV form. There is no fee. The form can be returned by post, but this will delay the UKBA’s response. The UKBA will then make a quick check of their files to make sure that the applicant either currently has, or has had, leave to enter or remain as a spouse. Once that is confirmed, the UKBA will promptly reply with a letter granting 3 months’ leave to remain with recourse to public funds, plus a further letter requiring the applicant to apply for a biometric residence card. That process is envisaged to take only a further couple of days. You can find the DDV form, UKBA policy and UKBA ‘frequently asked questions’ at http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/domesticviolence/#header2 The UKBA letter makes it clear that the applicant is eligible to apply for public funds as soon as she receives her biometric residence card. It is hoped that women’s refuges will feel confident to admit to the refuge a woman holding this letter, since the letter shows that the woman will be able to make a claim for benefits within a day or two. This new ‘Destitution Domestic Violence’ leave to remain lasts 3 months. Applicants are expected to make their application for indefinite leave on form SET(DV) under the Domestic Violence rule as soon as possible. The UKBA’s target time for dealing with those applications is 20 days. The intention therefore is that applicants may be granted indefinite leave to remain well within that three months’ period. Some women may not be able to make the main SET (DV) application straight away. They may need time to collect evidence, (from their doctor, social worker, women’s support centre, etc). They or their children may be too upset from having to flee from the violence to be able to deal with such complicated procedures so soon. It is very important that whatever the circumstances the application on SET(DV) is made before the expiry of the 3 months’ ‘Destitution Domestic Violence’ leave to remain, to remain lawfully in the UK while a decision is made on the main application. The UKBA asks applicants in this situation to inform them quickly that there are or may be difficulties making the application. If this may be your situation and the evidence is still not available near the end of the three months, you are strongly advised to make the application within the 3 months’ period, with a letter attached explaining what evidence is still awaited, and what the reason is for the delay – and the UKBA may in exceptional circumstances agree to delay making the decision until all the evidence is received. Make sure you meet the requirements before you apply for DDV This new Destitution Domestic Violence scheme is only open to women who will qualify to apply for indefinite leave under the Domestic Violence rule. 2 See section D-DVILR in Appendix FM, at http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/app-family-members/victim-ofdm/ 2
Women who have never had a spouse visa, or whose marriage did not break down during that visa, or whose marriage broke down for a reason other than domestic violence, cannot use that scheme, and will be refused very quickly. And as well as being refused that 3 months’ leave to remain, such a woman may well be at risk of investigation by the Immigration Service, or even of having any existing leave to remain curtailed – because by making that DDV application she will have informed the UKBA that she is no longer with her husband. So women who do not qualify to apply for indefinite leave under the main Domestic Violence Rule should not use this ‘notification’ form. Women not eligible to apply under this scheme (such as women who have a student or work visa, or whose own visa shows that they are dependent on their husband’s student or work visa, or who have no leave to remain at all) but who face destitution if they flee from their violent partner are strongly advised to obtain legal advice on their immigration status before making any approach to the UK Border Agency or applying to Social Services. I have been granted my 3 months’ DDV with access to public funds. What happens when I apply for benefits? When you receive your letter from the UKBA stating that you can access public funds you should present this as soon as possible to your local jobcentre plus (for benefits) and/or local authority (for housing). It is strongly advised that you seek advice and support from a women’s support organisation such as Women’s Aid to help you do this. If you wish to enter a refuge, refuge support workers should assist you. Important for women with young children: there is a new Domestic Violence Job seekers Allowance Easement rule which means victims do not have to be actively seeking work for an agreed period if they experienced DV in the previous 26 weeks. This new benefits provision started on 23 April 2012. This is extremely important, as women fleeing domestic violence in families where the husband is the claimant for child benefit will not be eligible for income support until she can transfer the child benefit to her own name – which might take up to three months - but without this new rule she would run the risk of being refused Job-Seekers Allowance on the ground that she is not available for work. What if my SET(DV) application is refused? (see pages 9-10 of the Domestic Violence Legal Guide). The law on this has not changed. • If you still had leave to remain (whatever type of leave to remain, including the DDV 3 months leave to remain) when you submitted the SET(DV) form, and you submit your appeal within the time limit for appealing, you will have a right of appeal to the First-tier tribunal (immigration and asylum chamber). You will continue to be lawfully present in the UK, and not liable to removal, until the appeal process is complete. • If you did not have any leave to remain at the time you made the application (including if you did have 3 months’ leave under the Destitution Domestic Violence policy but did not apply on SET(DV) until after the 3 months had expired), you will not have any right of appeal against the refusal decision, and you remain liable to removal. You will receive a right of appeal against any later decision to remove you from the UK, but that may be many months in the future 3 . You may be able to challenge the refusal by judicial review. You should seek legal advice as soon as possible. What if the UKBA refuse my Destitution Domestic Violence (DDV) application? 3 Daley-Murdock, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 161 3
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DOMESTIC VIOLENCE, IMMIGRATION LAW AND - Rights of Women

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