Women and men
fleeing domestic violence
This information applies to women and men fleeing domestic violence, including those fleeing violent same-sex partners, as well as those married or cohabitating with someone of the opposite sex.
Who are they?
Women may be fleeing violence in many circumstances but this page looks specifically at the options for women who have arrived to join someone as a wife, cohabitee or civil partner and then can no longer stay in the relationship because of violence.
For women who are the wives or civil partners of EEA nationals, there are special rules that allow them to retain their right to reside when they end the relationship because of domestic violence. Further information about EEA family members.
For women who have arrived to join UK national or settled (with indefinite leave to remain) husbands, cohabitees or civil partners, and can no longer stay in the relationship because of violence, there is a Home Office rule (immigration rule 289A) that allows them to apply for indefinite leave to remain under certain conditions. The full version of this rule and other family rules can be found on the UK Border Agency web site.
What are their housing rights?
Women who are the family members of EEA nationals retain all their rights until divorce or the ending of civil partnerships. After divorce, if there has been domestic violence they also usually retain their rights, and they are likely to be eligible for housing allocation and homelessness services on the same basis as their ex-husband or partner.
Women who have come from outside the EU to join a husband, cohabitee or civil partner and then have to leave within the first two years because of violence may be able to get indefinite leave to remain under the domestic violence concession, but while they are waiting are still people with limited leave to remain and so not eligible for housing allocation or homelessness services.
Women with children can apply for help to local authority social services departments, who have powers to fund accommodation and support under the Children Act 1989. This may be difficult and they should get advice from a solicitor, advice centre or women’s aid organisation. There is a list of suggested organisations where you can find further advice on the links page.
Women who do not have children may also be able to get help from social services if they need help because of age, illness, disability or other circumstances. Local authority social services departments were urged by the Home Office to consider providing support and accommodation for women in this situation in January 2006. Further information about people with social care needs.
All women who are in these situations can get accommodation from housing associations, but may face problems if they cannot show how they can pay the rent.
What are their rights to housing benefit (HB) and council tax benefit (CTB)?
Women who are the family members of EEA nationals retain all their rights until divorce or the ending of civil partnerships. After divorce, if there has been domestic violence they also usually retain their rights, and they are likely to be eligible for HB/CTB on the same basis as their ex-husband or partner.
Women who have come from outside the EU to join a husband, cohabitee or civil partner and then have to leave within the first two years because of violence may be able to get indefinite leave to remain under the domestic violence concession in which case they would be eligible for HB/CTB provided they are also habitually resident. However, while they are waiting and have limited leave they will not normally be eligible for HB/CTB. If they are accommodated by social services, their rent will usually be paid by social services if they have no income or other resources to pay it.