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Domestic Abuse

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.

Contents

01   First steps – what is domestic abuse and where can I go for help?

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:

  • If you feel you are in danger you must call the police on 999 immediately
  • You can call the National Domestic Abuse Helpline on 0808 2000 247 who will put you in touch with a domestic abuse organisation in your local area or
  • You can call the Army Welfare Service (AWS). AWS provides a confidential and professional specialist welfare service. Contact them on 01904 882053, or email them at RC-AWS-IAT-0Mailbox@mod.uk or
  • Call Aurora New Dawn, a domestic abuse charity who offer a specialist service to Armed Forces families
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02   Domestic abuse immigration rules – can I stay in the UK?

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:

  • You are in the UK and had/have a visa as the entitled family member of a serving soldier. The visa does not have to be valid at the time of the application
  • The soldier must either be: a British citizen or a foreign or Commonwealth citizen who has served for four years
  • You must meet the suitability requirements, which mainly relates to criminal convictions*. Please let us know if you think you might not meet these requirements.
  • You must provide evidence that your relationship broke down permanently as a result of the domestic abuse, during your period of limited leave.

*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.

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03   What if I am not eligible to remain under the domestic abuse rules?

If you are not eligible to apply under the rules because you:

  • have never had a partner visa or
  • the soldier has not served for four years or
  • the marriage did not break down as a result of the domestic violence

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.

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04   How will AFF support me?

AFF’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.

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05   Do I have to pay for the application?

If 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.

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06   What evidence of the domestic abuse do I need to provide?

You 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.

Suggested supporting documents

This list is not exhaustive:

  • Criminal conviction or caution given to the perpetrator
  • A letter or other document showing that a Multi-Agency Risk Assessment Conference (MARAC) has been convened on your behalf. Applicants may include correspondence from the MARAC or a professional involved in the referral confirming that the MARAC referral has been made and providing details as to why
  • Domestic Violence Protection Order, Non-Molestation Order or other protection order against the person(s) who committed the violence.
  • A medical report from a hospital doctor or GMC registered family practitioner (GP) who has examined you confirming that your injuries are consistent with being a victim of domestic abuse
  • An undertaking given to a court that the person(s) who committed the violence will not approach you
  • A police report confirming that, because of a domestic abuse incident, they attended the address at which the incident(s) took place
  • A letter from a social services department or welfare officer connected to HM Forces confirming its involvement in connection with domestic abuse committed against you.
  • A letter of support or a report from a domestic abuse support organisation/refuge. The letter should detail the support being provided
  • Independent witness statement

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.

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07   Can I apply even if the police said there wasn’t enough evidence to charge?

Yes, 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.

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08   Will my partner find out that I am making this application, will it affect his career?

No, 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.

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09   Will I be eligible for public funds (benefits) whilst I wait for the application to be processed?

You 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.

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10   How long will it take till I am granted ILR?

Applications 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.

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11   Can I remain in my SFA and will I have to pay for it?

Information 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.

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12   Can I move into a refuge as I no longer feel safe in the SFA?

If 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.

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13   How do I get local authority housing?

Your 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/

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14   I am worried my spouse will try to take my children out of the UK

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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