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Are you fleeing domestic violence?
If you have arrived in the UK to join a partner who is settled here, but have to leave your home because you fear or have experienced violence from your partner, this information applies to you.
- you may be a woman or a man
- you may be married to your partner, living with him or her, or in a civil partnership
- you may be in a lesbian, gay or straight relationship
- you may or may not have children.
If you are the partner, husband, wife or cohabitee of an EEA national, there are special rules that may allow you to keep your right to reside when you end your relationship because of domestic violence. Until you divorce or dissolve your partnership you will keep the rights that you have as a wife, husband or civil partner. These are explained in the page on EEA family members.
If you arrived in the UK to join a British partner or a partner who is settled (i.e. has indefinite leave to remain); you were given two years leave to remain because of the relationship, and you can no longer stay in the relationship because of violence, there is an Immigration Rule (no 289, the domestic violence rule) which allows you to apply to get indefinite leave to remain under certain conditions. The full version of this rule and other family rules can be found on the Home Office website.
What documents might you be asked for?
You should get good legal advice if you are thinking of applying under the domestic violence rule or getting accommodation from a local authority or a charity. While you may need to prove your immigration status, officials should be sympathetic to the fact that you may have had to leave in a hurry or your ex-partner may have stolen or hidden your documents.
What are your rights to housing and benefits?
Until your application for indefinite leave to remain under the domestic violence rule is accepted, you are a person with limited leave to remain in the UK who has no recourse to public funds. So you are not eligible for local authority housing allocations or homelessness help, nor for housing benefit.
You can apply to a housing association for housing, but will need to show them how you can pay your rent.
You may be able to get help from the local authority social services department, who are responsible for the care of children in need and vulnerable adults. See the page on people with social care needs for more information on this.
If you are a woman fleeing domestic violence (with or without children), you can ask the Sojourner Project for help. The easiest way to contact them is via the Domestic Violence Helpline 0808 2000 247, but local refuges, women's projects and social services can also put you in touch with them. The project offers referral to good legal advice, accommodation and financial support.
If you are from Croatia, Macedonia or Turkey you may be able to get help with housing benefit to pay your rent as long as you are habitually resident in the UK and have current leave to remain. This is because the UK has signed treaties with these countries to allow citizens to claim benefits in each country. In Wales, you may also be able to get homelessness assistance from the local council and go on to a council waiting list. But this is a complicated area of law and it is best to get advice first.
