AFF is able to provide practical one-to-one support to F&C families dealing with domestic abuse. The service we offer is free and confidential.
The support can be offered in any location in the UK or overseas. We will do all the substantive work required to make the applications, including collating all evidence, completing the forms and writing letters of representation.
If you are currently supporting an F&C spouse in these circumstances who needs immigration advice, then please contact AFF at fcsupport@aff.org.uk. If you are the spouse, you can contact us directly.
For information about domestic abuse, what it is and how to get support please see our Domestic Abuse page in the advice section.
The MOD has also produced some good information on domestic abuse in the Armed Forces community. This page in particular is useful: https://www.gov.uk/government/publications/armed-forces-domestic-abuse-common-concerns/feedback-on-common-concerns
It is up to you who you choose to speak to about the abuse:
Following a successful campaign by AFF, new immigration rules introduced on 1 December 2013 allow spouses (and their children, including over-18 children) who are victims of domestic abuse to apply for ILR in the following circumstances:
*Limited leave to remain for 30 months will be granted if you fail to qualify for ILR only because you don’t meet the suitability requirements.
Please contact the AFF F&C team before you make your application.
Back to topIf you are not eligible to apply under the rules because you:
You should contact us and we will assist you, if you have a British child and/or have been in the UK for a long time you may be able to remain in the UK under a different immigration route. You can read our Divorce/separation page for more information.
Back to topAFF’s F&C advisors are qualified advisors, regulated through the Office of the Immigration Services Commissioner (OISC) to provide immigration advice. For further information about our regulation and codes of conduct please see our OISC page. Our service is free and confidential. We have assisted over 100 spouses with their applications for ILR in this category and have a 100% success rate.
Your AFF immigration advisor will complete the application on your behalf. They will also assist you in gathering all of the supporting documents and will submit both the application and the documents for you. They will write a letter of representation outlining the immigration rules you are applying under and how these rules are met.
The immigration advisor does not assist with your applications for local authority housing or benefits, and cannot provide emotional and/or practical support on dealing with abuse. Support workers from domestic abuse organisations are best placed to assist you with these issues. If you don’t have one we can refer you.
Back to topIf you can show that you are destitute, you do not have to pay the fee. Unless you have a large amount of savings or assets it is likely that you will be assessed as destitute. Your AFF advisor will assist you in providing the documents required to prove that you are destitute.
Back to topYou should submit as much information and evidence as possible to support your application. The type of evidence required is listed below, but it is important that you provide as much as you can to avoid any delay in considering your application. Your AFF advisor will assist you in gathering the evidence and will submit it with your application.
This list is not exhaustive:
Further information on documentary evidence can also be found at pages 31-41 in the guidance at GOV.UK: Victims of domestic violence: caseworker guidance https://www.gov.uk/government/publications/victims-of-domestic-violence.
Back to topYes, because the burden of proof in criminal cases is higher than in immigration cases. The burden of proof in criminal cases is ‘beyond reasonable doubt’ whereas the standard of proof in immigration cases is ‘on the balance of probabilities.’ So the caseworker will consider all of the evidence submitted and will conclude whether ‘on the balance of probabilities’ (is it more likely than not) that based on the information and evidence available, the relationship broke down because of domestic abuse.
Back to topNo, your partner is not involved in this application and does not have to know that you are applying in this category.
Many victims are initially concerned that reporting domestic abuse may impact on the serving perpetrator’s career and this can often be used by the perpetrator to prevent the victim reporting domestic abuse to the chain of command.
It is rare for a serving perpetrator to be discharged due to committing domestic abuse unless a criminal offence has been committed. The Army is aware of the need to balance disciplining the soldier with supporting the family and achieving positive outcomes. However, the MOD does not tolerate any form of domestic abuse and if you are a victim of it, or know someone who is, it is very important that you report it either to the chain of command or to a civilian organisation.
Back to topYou are able to apply to access public funds for three months if you are destitute and need financial help to support yourself and your children while the application for ILR is being assessed. This is called the Migrant Victims of Domestic Abuse Concession (MVDAC). Your AFF advisor will make the application on your behalf. Your existing permission to stay will be cancelled and you will be issued with three months temporary leave allowing you to make applications for Child Benefit and Universal Credit.
As long as an application for ILR is made prior to the expiry of the temporary leave you can continue to receive these benefits whilst the application is being considered even after the initial three months has passed.
Back to topApplications are currently taking approximately 3-4 months for the Home Office to assess. However, it can take 2-3 months to put the application together because of the amount of evidence that has to be requested and collated. You should be prepared for the whole process to take around six months.
Back to topInformation on remaining in your SFA after separation can be found on our Divorce/separation page. You will be sent a Notice to Vacate (NTV) once the serving person has moved out and changed his PStat (marital) category on JPA. You will be given 93 days to vacate the property.
As it will take longer than this for your application for ILR to be put together and then processed by the Home Office, you will need to ask for an extension. You will need to complete the Proportionality Exercise paperwork, which you will receive with your NTV. Your AFF advisor or the Unit Welfare staff can help you with this.
Once the PStat category has been changed, if the spouse is non-serving, they can remain in the SFA for 93 days. During this period, the serving person still remains the licensee and will pay the SFA charges for the duration of the 93 days.
After the 93 period you will be charged if you remain in the SFA. These charges are called ‘mesne profit charges for trespass’ and they are not currently taken into account in the housing element of Universal Credit.
Back to topIf you have been granted 3 months temporary leave under the MVDAC scheme then yes, you are eligible to move into a refuge if there are spaces available. Whilst there are civilian refuges around the country, there is also a dedicated military refuge for victims and their children which is located in North West London. Your domestic abuse support worker or your AFF advisor will assist you with the referral. You can usually remain in the refuge until you have secured safe alternative accommodation.
Moving out of the SFA will not affect your application to remain in the UK.
Back to topYour support worker should assist you with this or you can contact your local authority homelessness service. Your Notice to Vacate should be taken as proof of your homelessness.
For all information see:
aff.org.uk/advice/family-life/separation-and-divorce/
aff.org.uk/advice/housing/civilian-housing/
Taking a child abroad without permission is child abduction. You should contact the police if you think that there is a chance your child/children may be taken out of the UK without your consent. See GOV.UK: Get permission to take a child abroad for more information.
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