Domestic Abuse and Overseas Nationals
Domestic abuse remains a critical global issue, affecting millions of individuals each year. The World Health Organization reports that one in three women worldwide has experienced either physical or sexual violence from an intimate partner, or sexual violence from someone other than a partner, at some point in their lives. Although men can also be victims of domestic abuse, the impact on women is particularly severe and widespread. In the UK, overseas nationals who hold Partner visas—who’s right to remain is tied to their relationship with a British or settled person—face unique vulnerabilities and barriers when seeking help.
Different Types of Domestic Abuse
Domestic abuse can take many forms, all of which are recognised in England and Wales. It is important to understand that abuse is not always physical and may be subtle or hidden. The main types include:
Physical Abuse: This involves any use of physical force against a partner, such as hitting, slapping, pushing, or restraining. It can result in visible injuries or long-term health problems.
Emotional and Psychological Abuse: Often less visible, this type of abuse includes behaviours that undermine an individual’s self-esteem or sense of worth. Examples include constant criticism, humiliation, intimidation, threats, and controlling actions that isolate the victim from friends and family.
Financial or Economic Abuse: This occurs when the abuser controls the victim’s access to money or other resources, preventing them from being financially independent. It may involve withholding money, restricting access to bank accounts, or sabotaging employment opportunities.
Coercive and Controlling Behaviour: This is a pattern of acts designed to make a person dependent by isolating them from support, exploiting them, depriving them of independence, and regulating their everyday behaviour. The Serious Crime Act 2015 specifically recognises controlling or coercive behaviour in intimate or family relationships as a criminal offence.
Sexual Abuse: Any non-consensual sexual act or behaviour, including rape, sexual assault, or being forced to participate in sexual activities against one’s will, is considered sexual abuse.
Transnational Abandonment: This refers to the deliberate act of abandoning a spouse or partner abroad, often by taking them out of the UK under false pretences and then leaving them stranded without means of return or support. This form of abuse particularly affects overseas nationals and is increasingly recognised by UK safeguarding authorities.
Immigration Law Considerations
For overseas nationals experiencing domestic abuse, the intersection of immigration status and personal safety can create significant barriers to seeking help. Many victims worry that reporting abuse could jeopardise their right to remain in the UK. This fear can lead to isolation, making it even more challenging to access support services or escape an abusive environment.
The UK Home Office does recognise the vulnerability of those overseas nationals who have suffered domestic abuse through two avenues:
The Domestic Abuse Concession
Indefinite Leave to Remain (ILR) based on Domestic Abuse
Domestic Abuse Concession (DAC)
The DAC is an immigration route designed to protect overseas nationals in the UK who are experiencing domestic abuse and whose immigration status is linked to a partner. In general terms, the DAC allows eligible individuals to apply for temporary leave to remain independently if their relationship has broken down as a result of domestic abuse. To qualify, applicants must be able to demonstrate that the relationship ended due to abuse, usually by providing supporting evidence such as police or medical reports or statements from support organisations.
If granted under the DAC, the individual receives a temporary period of leave to remain in the UK, usually for three months. This period is intended to give victims time to access support, secure accommodation, and prepare a further application for Indefinite Leave to Remain (ILR) on the basis of the domestic abuse they have suffered. If they meet the requirements. The concession provides a crucial safety net, allowing victims to leave abusive relationships without the immediate threat of losing their right to stay in the UK.
Indefinite Leave to Remain based on Domestic Abuse
The Indefinite Leave to Remain (ILR) route for victims of domestic abuse allows eligible non-UK nationals to apply for permanent settlement in the UK if they have experienced abuse in a relationship where their immigration status depended on a British citizen or someone with settled status.
To qualify, applicants must demonstrate that the relationship ended due to domestic abuse, typically by providing supporting evidence such as police or medical reports, or statements from support organisations. This route is open to those who previously held a Partner type visa and whose relationship has irretrievably broken down as a result of abuse.
If successful, ILR grants the applicant the right to live and work in the UK indefinitely, free from immigration restrictions. This status provides long-term security and access to public funds, allowing survivors to rebuild their lives independently and safely. The application process requires careful documentation and should be supported by specialist legal services to help gather the necessary evidence and navigate the requirements.
Family Law Considerations
The impact of domestic abuse is widespread and affects individuals regardless of gender, age, or background. It is necessary for those suffering from domestic abuse to be aware of the various protections afforded to them by the law, and as above, the law recognises domestic abuse as encompassing not only physical violence but also emotional, psychological, sexual, and financial abuse, as well as coercive and controlling behaviour.
Through the Family Court, there are two different orders that can be made:
Non-Molestation Order
Orders of this nature generally forbid the respondent (the person the order is against) from harassing, threatening violence, or any behaviour that causes distress to the applicant/victim or their children. There is no formal legal definition of ‘Molestation’, but it includes behaviour which harms, annoys or inconveniences someone and can also include using a third party to harass someone. These orders can restrict indirect contact, such as through messages or social media, and sometimes include zonal restrictions to prohibit the perpetrator/respondent from coming within a specified distance of the victim’s home or workplace, for example.
If the perpetrator breaches a non-molestation order, it constitutes a criminal offence, which can be punishable by a fine or imprisonment, depending on the circumstances.
Sometimes, instead of a formal Non-Molestation Order, “undertakings” can be given by the respondent. These are promises made to the court to behave in a certain way. However, there’s an important difference: if someone breaks an undertaking, it’s treated as a civil matter, not a criminal one. That means the police can’t arrest them for breaching it.
Because of this, undertakings are never suitable where there has been physical violence or threats of violence. In those cases, a proper court order with enforcement powers is essential to keep the victim safe.
Occupation Order
Occupation orders control who can live in the family home and can act to exclude the respondent/perpetrator of abuse. This could involve there being an order for one party to vacate a property,or regulate the rooms within the property that the respondent can use. If deemed necessary, it could also restrict a party from entering the area surrounding the home. Occupation orders are made less frequently than non-molestation orders as they are considered to be a draconian remedy which should be used as a last resort, but it will depend on the circumstances of the individual case.
Domestic Abuse Protection Orders (DAPO)
It is also possible to obtain a DAPO in certain areas of the country. These are usually put into place by the Police, a judge, a third party, or a victim can apply for one themselves. They aim to protect a victim of domestic abuse by imposing restrictions on the perpetrator. For example, the order can prevent someone coming to or near your home, order that a person attends a behaviour change programme, or wears an electronic tag to ensure they are keeping to the conditions of the order. These orders are similar to non-molestation orders, but are generally easier to obtain as there are less restrictions for obtaining a DAPO than there are for a non-molestation order. For example, a DAPO can be obtained on the first instance of abuse.
Criminal Remedies
Many forms of domestic abuse also constitute criminal offences, such as assault, harassment, stalking, and coercive control. Victims of these forms of abuse can, and should, report this to the police.
Support and Enforcement
Victims of abuse can also access support services such as Women’s Aid and Refuge, both of whom can provide practical and emotional assistance.
How Can Irwin Mitchell Help
At Irwin Mitchell, our immigration and family law experts have extensive experience supporting clients affected by domestic abuse. We offer sensitive, confidential advice tailored to your circumstances, helping you navigate the complexities of the immigration system and secure your future in the UK. If you or someone you know is in need of assistance, please do not hesitate to contact us for guidance and support.
Domestic abuse is never acceptable, and help is available. Raising awareness and understanding the legal protections in place is vital to ensuring all individuals, regardless of their nationality, can live free from abuse.
