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 covers the whole of the UK

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

A ‘spousal’ visa is granted to the husband, wife, civil partner or cohabitee of a British citizen or person with settled status. It is given as limited leave (typically in blocks of 30 months) with the condition that the holder has no recourse to public funds.

A person with a spousal visa who can no longer stay in the relationship due domestic abuse can, under certain conditions, apply for indefinite leave to remain (‘the domestic violence rule’ – Immigration Rules, Appendix Victims of Domestic Abuse, para. VDA 4.1). For more information about applying for leave see the Home Office caseworker guidance.

A person who intends to apply for leave under the domestic violence rule, but who has no means to accommodate or support themselves can apply to the Home Office for three months' leave with access to public funds. This temporary leave is known as the migrant victims of domestic abuse concession (MVDAC) and is intended to allow the survivor enough time to make their application to settle. MVDAC is a form of 'leave outside the rules' (LOTR).

The holder of MVDAC leave has access to public funds and is exempt from the habitual residence test so is eligible for universal credit, state pension credit and housing benefit. For housing and homelessness services:

• leave granted under the MVDAC policy falls within eligible class, Class B, and
• if the application for indefinite leave is successful, the applicant then qualifies as a person who falls within eligible class, Class C (indefinite leave to remain).

However, before applying for leave under the domestic violence rule or MVDAC, the spouse/partner should always get advice from a IAA registered adviser. The fact of abuse and a grant of MVDAC does not guarantee that indefinite leave will follow.

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. An example could be 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 and homelessness assistance (see eligible classes) and does not have to show they are habitually resident. They are also entitled to universal credit, state pension credit or housing benefit – in this case because their habitual residence was established before abandonment and continued because they did not voluntarily relinquish it: UC, Operational Guidance, habitual residence test, file 78 (pdf); HB circular A2/2024.

Partners of EEA nationals and others who applied to the EU Settlement Scheme

A person who applied to the EU Settlement Scheme and who has EU settled status has the same rights to housing and benefits as a person with indefinite leave.

A person who applied to the EU settlement scheme as the partner or former partner of an EEA national and who has EU pre-settled status can get access to housing and benefits as follows:

• if they are an EEA national themselves, as a worker/self-employed person or using one of their other EEA rights (student, self-sufficient, long-term resident)
• if they are the parent of an EEA child who is in education
• if they are still the EEA national’s spouse/civil partner (i.e. not yet divorced/dissolved), as their family member
• in many cases following divorce/dissolution or following separation (if not married), as a former family member, or
• if they have acquired a permanent right to reside.

if a person applied to the EU Settlement Scheme based on their relationship to a British citizen, see the page on advising British family members.

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: see Home Office guidance. 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.

The partner or dependent child of a person who has refugee status or humanitarian protection may have been given family reunion leave. 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 a person who has limited leave is not normally entitled to housing or benefits because limited leave usually has a ‘no public funds' condition. But a sponsored migrant is eligible for universal credit, state pension credit or housing benefit after five years' residence or if their sponsor has died.

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).

Accommodation and support in other cases with children

A parent of a British child may be able to apply for leave to remain based on family or private life (Immigration Rules, Appendix FM) and request recourse to public funds. It is important to get expert legal advice from a registered immigration adviser. See also the Home Office caseworker guidance on private life.

If none of the options above apply, a person looking after children can apply to the social services authority who have powers to fund accommodation and support. 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, these applications often result 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 abuse may be able to get help under community care provisions from social services. For more information see help for adults with social care needs.

Other sources of help for women fleeing violence

The list below is not exhaustive and there are local organisations across the UK offering support and advice:

• In England and Wales, the women's aid network website has 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.
• Scottish Women's Aid has a directory of organisations that can help women fleeing abuse and they also help run the Domestic Abuse 24-hour Helpline - 0800 027 1234. The helpline is one way to access services run specifically for women fleeing abuse who have no recourse to public funds, which can also be contacted directly.
• Women's Aid Federation Northern Ireland provides links with local Women’s Aid services throughout Northern Ireland, a webchat service during office hours and emergency contacts for out-of-office hours.

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.

Karma Nirvana run the national honour abuse helpline and can offer emotional and practical support - including to those with NRPF (0800 5999 247).

Hibiscus is a feminist, anti-racist and intersectional women’s organisation that advises Black and minoritised migrant women on immigration and other issues. They can be contacted by phone (020 7697 4120) or by email to: info@hibiscus.org.uk

Two Scottish refuges provide services specifically for black and ethnic minority women:

• Hemat Gryffe Women's Aid in Glasgow
• Shakti Women's Aid in Edinburgh.

Law Centre Northern Ireland provides advice and representation to migrants, refugees and asylum seekers.