Immigration barriers faced by the Foreign and Commonwealth community affected by domestic abuse
Updated 5 October 2022
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Introduction
Non-British spouses of armed forces personnel may be dependent on their partner for their immigration status. In abusive relationships this reliance can be used as a threat to silence the victim. Cases of domestic abuse where either one or both partners are Foreign and Commonwealth nationals can impact on their immigration status and the right to reside in the UK. This is a very complicated issue, with further information detailed.
Further information
When a victim of domestic abuse is not a British citizen it is important to seek qualified immigration advice as soon as possible after a relationship has broken down rather than wait until their current visa has expired.
When the perpetrator is residing in the UK on a dependant’s visa, a breakdown in the relationship will mean their visa is no longer valid and as a dependant of a service person and on expiry of that visa they will most likely have to return to their country of origin.
Domestic abuse victims (and their children) who are subject to UK immigration controls, may be eligible for settlement Indefinite Leave to Remain (ILR) if they have experienced domestic abuse as the partner of a British citizen, a person settled in the UK, or a Foreign or Commonwealth member of the armed forces who has served for at least 4 years. The status of dependants of service personnel is clearer if they entered the UK under Immigration rules armed forces.
The Domestic Violence Concession allows domestic abuse victims to apply for settlement (ILR) in their own right, enabling access to UK state support. Spouses or partners of service personnel who are not British citizens or have not settled in the UK and who have not yet served for 4 years are not eligible for leave to remain under the domestic violence provisions. They would need to take Office of the Immigration Service Commissioner (OISC) accredited advice on whether they were eligible to remain for other reasons.
Any victim of domestic abuse who intends to apply for (ILR) should seek qualified immigration advice before submitting an application. The OISC has a register of regulated immigration advisers, including those who do not charge clients for advice or services.
More information on this process including the eligibility of children page.
Other sources of support and information:
Within Army Families Federation their Foreign and Commonwealth Specialist is Office of the Immigration Service Commissioner (OISC) accredited, and best placed to advise armed forces families on immigration issues that are linked to domestic abuse. For further information go to the Army Families Federation website.