“You have a right to be free from violence in your own home”
PHOEBE has compiled the information from current guidance from the Home Office.
What is Domestic Violence?
Is your partner (husband, boyfriend, or “ex”) extremely jealous and does he discourage you from speaking to friends or family? Does he prevent you from getting a job or learning English? Has your partner ever threatened to take away your children? Has he told you that he will have you deported?Have you ever been hit by your partner? Has he forced you to have sex when you did not want to? Has he ever threatened to harm you with weapons like guns, knives or other objects?
What can I do?
There are a variety of services available to assist you to stop the violence in your home: womens refuges, hospitals, police, legal aid and other community services.
How can I get lawful permanent residency without my husband’s help?
If you are married to a British citizen or have lived legally in the United Kingdom for a certain length of time e.g. on a spouse visa, you may be able to apply for permission to settle here. This is known as ‘Indefinite Leave to Remain’.
PHOEBE is able to sign post women to immigration services in Ipswich area who can offer support and assistance on this process for applying for the right to live in the United Kingdom permanently.
In particular, if you have come to the United Kingdom on a spouse or partner visa and are experiencing domestic violence, you may be able to apply for ‘Indefinite Leave to Remain’ under the domestic violence rule.
However, it is a complication process so the best thing to do is discuss your own circumstances with an immigration or domestic violence advocate. Depending on your financial circumstances and the details of your case, you may be entitled to public funding (also known as legal aid). This enables some people who cannot afford to pay for legal advice to get legal advice and representation free of charge.
My husband or partner is threatening to take my children away if I leave him. What can I do?
- Your partner will not have rights over the children, ‘parental responsibility’, if he was not married to you when the child was born or if he is not on the birth certificate.
- If you and your abuser are the biological parents of your children, and they are still minors, then you both have the same rights, until a family judge determines something else through an order.
- If the judge doesn’t make a final decision about custody or visiting rights, then both parents have the same rights.
- If you are undocumented and the father is a British citizen or resident that does not give him any special rights over the children.
- If your abuser threatens to take away your children or if he tries to get physical and/or legal custody of the children, he will have to go to court and you will be notified of his court actions. Get in touch with a lawyer immediately, as you could lose your custody rights.
- If you were never served court papers or if he didn’t start the legal process in family court then you have the same rights regarding your children as he does.
- If you are in immediate danger you can leave the house with your children and go to a women’s refuge, as necessary.
As a general rule, don’t sign any papers that your husband or his lawyer gives you without first consulting your own lawyer. If your partner is threatening to take your children away or take them to his home country, you should:
- Immediately get a residence order. This order can include an order to prohibit your husband/intimate partner form removing the children from the country in which you live, permanently.
How can I support myself and children if I leave my husband?
You may be able to get help with emergency or temporary accommodation. If you need to leave home because you are being abused by the person you are living with, or are threatened or intimidated by a partner or ex-partner, you may decide to go into a refuge. Contact PHOEBE on 01473 231566 for further advice.
The father by law does not have to pay child maintenance if he is not on the birth certificate. However, if the father of your child is on the birth certificate by law, he is required to pay child maintenance, even if you are living apart, even if you were never married to him and regardless of your immigration status. You should contact a family lawyer or a domestic violence advocate to find out how to obtain child support in your state.
Will my husband/intimate partner be deported if I take action?
If you seek assistance from a shelter or lawyer, it is extremely unlikely to result in the deportation of your partner.
If you contact the police and your partner is convicted of a crime, he may be deported, depending on his immigration status and the seriousness of the crime.
It is important to remember that you must keep yourself and your children safe. It is your partner that has put himself at risk by his actions.
Do I need to see an immigration lawyer if I cannot afford one?
It is vital that you get legal advice, either from a solicitor or an immigration adviser. Depending on your financial circumstances and details of your case, you may be entitled to get public funding (also known as legal aid). Public funding enables some people who cannot afford to pay for legal advice to get free legal advice and representation.
From 1st April 2012, you can apply under the Destitute Domestic Violence (DDV) concession for access to public funds while you make a claim for ‘indefinite leave to remain’ as a victim of domestic violence.
‘Rights of Women’ legal advice line for, free and confidential advice on 02072516577 or 0207251887.
You can check online if you can get legal aid to help with civil cases (e.g. a debt, family or housing problems).
And remember, anyone can call PHOEBE on 01473 231566.