Advising people fleeing domestic abuse

This page is for housing advisers. If you are a new arrival please click here for information more relevant to you.

This page looks at common housing problems faced by people with limited leave to remain who are fleeing domestic violence. References to case law and relevant legislation and regulations are included.

Partners of British citizens or of people with settled status

The page on people fleeing domestic violence deals specifically with those who have arrived to join a UK national or settled (with indefinite leave to remain) husband, cohabitee or civil partner, and can no longer stay in the relationship because of violence. Where this applies, rule VDA 4.1 of the Immigration Rules (Appendix Victims of Domestic Abuse) (‘the domestic violence rule’) allows that person to apply to get indefinite leave to remain under certain conditions. For more information about applying for leave as a survivor/victim of domestic abuse see the Home Office caseworker guidance (pdf). A person should always get immigration advice from a OISC registered adviser before applying to change their leave.  

A ‘spousal’ visa gives limited leave to remain with no recourse to public funds and is granted to the husband, wife, civil partner or cohabitee of a British citizen or person with indefinite leave to remain. A person with a spousal visa can apply to the Home Office for a three-month grant of leave outside the immigration rules (LOTR) where:

• the applicant’s relationship has broken down due to domestic violence
• they cannot accommodate or support themselves, and
• they intend to make an application to stay permanently in the UK under the domestic violence rule.

The three-month leave period is known as the Migrant Victims of Domestic Abuse Concession (MVDAC) and is intended to give that person enough time to make an application for indefinite leave to remain under the domestic violence rule. A survivor/victim should always get immigration advice from a OISC registered adviser before applying for MVDAC as it does not mean that a grant of indefinite leave under the domestic violence rule will automatically follow.  

MVDAC is granted without a ‘no public funds’ condition  so the holder can apply for universal credit or housing benefit and state pension credit, and being a form of LOTR the holder is exempt from the requirement to be habitually resident: see guidance ADM C1.674-76 (pdf) for UC, circular U2/2012 (pdf) for HB. For housing and homelessness services:

• leave granted under this policy falls within the definition of Class B (exceptional leave to remain granted outside the immigration rules with no conditions as to recourse to public funds attached), and
• if the application for indefinite leave is successful, the applicant then qualifies as a person who falls within Class C (indefinite leave to remain).

Spouses of UK residents re-entering the UK after abandonment overseas

The spouse (or former spouse) of a British citizen or person with settled status can be given leave to re-enter the UK on the grounds that they were deliberately stranded by their British/settled spouse overseas. This is a form of domestic abuse that exploits the survivor’s weak immigration status and is called ‘transnational marriage abandonment’ – see Home Office caseworker guidance (pdf). For example, the wife of a British citizen who is forced to live with her husband’s relatives overseas and denied access to her passport and travel documents.

A survivor with this form of leave to re-enter the UK is eligible for a housing allocation (Class R) and homelessness assistance (Class S) and does not have to show they are habitually resident. They are also entitled to universal credit or housing benefit – in this case because their residence was established before abandonment and continued because they did not voluntarily relinquish it: HB circular A2/2024.

Other people fleeing domestic violence have different rights and options. Some of these are covered below.

Partners of EEA nationals who entered the UK before 1 January 2021

A person who is the partner (or former partner) of an EEA national can use their EEA family member rights to get access to housing and benefits provided that:

• the EEA national they accompanied entered the UK before 1 January 2021
• s/he (the partner) entered the UK and applied to the EU Settlement Scheme on or before 30 June 2021 (or their late application has been accepted), and
• either:
• the decision on that application is outstanding (SI 2020/1209, regs 4, 11, 12(1)(g),(i)); or
• s/he has been granted EU pre-settled status (SI 2020/1309, schedule 4, paras 1-5).

The spouse or civil partner of an EEA national can use their EEA family member rights to access housing and benefits until they are divorced, or the civil partnership is dissolved. A former spouse or civil partner who is not an EEA national themself can use their retained family member rights if the relationship ended due to domestic violence.

A former partner who is the parent of an EEA child who is in education also has the right to reside and /or if s/he is an EEA national themself may have other EEA rights.

Refugees, etc. and people who have claimed asylum

A person who experiences domestic abuse in accommodation provided by the Home Office for asylum seekers, or while she is applying for it, can get specific help to move into refuge accommodation under Home Office procedures (pdf). ASAP provides a briefing on the help victims should expect to receive. It has an overview of the practical steps that need to be taken to secure a Home Office funded refuge placement under section 95/section 98 and after then on how to apply for section 4 support if their claim for asylum is refused. See the section on what other organisations can help for refugee agencies who can advise on this.

Husbands, wives, civil partners and cohabitees of refugees and people with humanitarian protection or discretionary or exceptional leave to remain usually get the same leave as their partner, and so are eligible for a housing allocation, homelessness services and housing benefit. If the relationship has ended, however, when it is time to get the leave renewed, it is important to get expert legal advice, because the ex-partner or spouse may need to make an application for a further stay based on his/her own fear of persecution, etc. or on human rights grounds.

People with limited leave to remain

A sponsored migrant or person who has limited leave is not normally entitled to housing or benefits because limited leave usually has a ‘no public funds' condition. But there are a couple of limited exceptions – a person is entitled to UC/HB/CTR (but not local authority housing) if:

• s/he was granted leave because of a maintenance undertaking (pdf) and either:
• she has been resident in the UK for five years (beginning on the date she entered the UK or the date the undertaking was signed, whichever is later); or
• her sponsor (or all of them if she had more than one) has died; or
• s/he is a national of a ECSMA or ESC member state and has leave (including leave with a ‘no public funds’ condition) but only if:
• s/he has been awarded HB on a claim that was made before 3 May 2022 and that award has continued without any breaks ever since, or
• s/he has been awarded UC on a claim that was made before 1 January 2021 and that award has continued without any breaks ever since.

Partners of people with limited leave to remain are expected to leave the UK if the relationship ends. If homeless and destitute they may be able to get short-term accommodation and support from social services if children or vulnerable adults are involved, and this may include assistance with returning home. If they cannot 'go home' they should get expert legal advice about options to apply to stay in the UK (on human rights grounds or through the asylum system, for example).

Parents of a British child who entered the UK before 1 January 2021

A non-EEA national who entered the UK before 1 January 2021 and who at any time before the Brexit transition period ended was the sole parent with care of a British citizen child (known as a ‘Zambrano carer’) could apply to the EU Settlement Scheme on that basis. The parent may have had sole care on the grounds of domestic abuse or other reasons. Provided the parent’s application to the EUSS was accepted their rights to live, work and access housing and benefits continue to be determined by the rules that applied before the Brexit transition period ended: see the Zambrano carer's page for details.

If a parent of a British child does not have Zambrano rights, it may be possible to apply for leave to remain based on family or private life (Immigration Rules, Appendix FM), and ask for such leave to allow recourse to public funds. It is important to get expert legal advice about this. See also the Home Office caseworker guidance on private life.

Accommodation and support in other cases with children

People who cannot apply for indefinite leave under the domestic violence rule (or rely on other options such as EEA rules or refugee status) have to rely on social services (see people with social care needs for more on this) or voluntary sector provision if they become homeless or have no income.

A person looking after children can apply to the local authority social services department. They have powers to fund accommodation and support under the Children Act 1989. If there are difficulties with such an application it is best to get specialist advice from a solicitor who is expert in community care, or from a women's aid organisation or advice centre.

In general, such applications may result at best in an offer to fund the return home, unless the applicant has a strong reason to remain in the UK. If that is the case, it is best to get good immigration advice first, since an application to stay in the UK may then either create some option for accommodation and support as an asylum seeker or be the reason why social services should accommodate while the application to stay is pending.

Getting help from social services for a vulnerable adult

A person who needs active support and involvement because they are traumatised by the violence may be able to get help under community care provisions.

In England, section 9 of the Care Act 2014 imposes a duty on local authorities to assess the needs of any person who contacts them who appears to ‘have needs for care and support’. This covers any needs arising from ‘physical or mental impairment or illness’ (and this may include needs arising from trauma or extreme distress). If the person cannot achieve two or more ‘outcomes’ unaided or without pain then help must be provided, which may include accommodation and support.

So, if the person is unable to look after him/herself, or perform the basic tasks involved in care, even temporarily, because of the violence, s/he may meet the eligibility criteria and be able to get care under the Act. For more on this see advising people with social care needs.

In Wales, the Social Services and Well-being (Wales) Act 2014 applies to vulnerable adults and to children. For more, see advising people with social care needs in Wales.

Other sources of help for women fleeing violence

The women's aid network website offers a directory of organisations that can help women fleeing violence and they also have an online chat service which is open daily until 6.00pm.

Refuge has a UK-wide domestic abuse helpline, open 24 hours at 0808 2000 247, which is free of charge.

Southall Black Sisters run a helpline for women fleeing abuse open Monday to Friday 10.00am–4.00pm on 020 8571 0800 or email info@southallblacksisters.co.uk. Their services are open to all. They are also able to provide small amounts of financial support for women fleeing abuse with no recourse to public funds.

The Rights of Women organisation specialises in dealing with violence against women and its website offers advice and other services. It has telephone advice lines giving different types of advice - details here.