APPENDIX 52
Memorandum submitted by Rights For Non-British
Spouses
This organisation was formalised in February
2005. The organisation has helped 40 women and three men victims
of domestic violence and of whom have limited leave to remain
in Britain. Their experience is not different to those who are
either British Citizens or are settled in Britain. They are traumatised,
physically, sexually, emotionally and financially abused. They
are expected to patch things up, make every effort to preserve
their marriage. They are dependent, lack financial control, feel
insecure. They get threats to be killed and/or their family to
be severely harmed. They are under social and family pressure.
They are advised to put up with abuse and everything will turn
out to be fine and they do not have the courage to challenge the
age old values. In addition, their children have witnessed violence
and other abuse.
We have seen women with scars of burns,
cuts, lashes, and broken limbs. Women physically, sexually and
emotionally abused not only by their husbands but by the extended
family members. Women who have lived in solitary confinement,
women who attempted to take their life on several times before
leaving violent relationships. We have seen women near to death
from beating, women who had nervous breakdowns and women scarred
for life, physically as well as emotionally, women starved and
destitute. BUT they have all survived. Some fought against all
the odds for the sake of their children while others while the
others fought because they wished to live.
However the problem is that these women
do not have secure Immigration status. Under the two years Probationary
Period Rule, they have a limited leave to remain in Britain and
under the No Recourse to Public Funds rule they are not eligible
to claim benefits or social housing. Women's refuges that are
maintained on the rental income through the benefit system can
rarely afford to accommodate such women. Consequently in fear
of destitution they continue to be trapped in violent relationships.
These rules have become a powerful weapon of control, and reinforce
violence and patriarchal relations within the family. The documents,
such as passports, are taken away and the abusers instil an absolute
fear of deportation.
Worse still, these rules provide a fertile
ground for trial marriage. The perpetrators know very well that
they are within the legal framework to dispose of the unwanted
spouse or abuse them with impunity. Other worrying trends include
abusers abandoning their foreign spouse in their country of origin,
especially, following a marriage or within the two year probationary
period. Such women are left to face social isolation, discrimination,
destitution, humiliation and further physical, sexual and emotional
violence without any hope of adequate state protection.
Apart from the violation of basic human
rights and obvious racial discriminatory nature of state policy
and measures on domestic violence, the state actually forces those
NGOs whose very existence is to provide protection and help to
women, to perform an immigration function: ie to maintain the
integrity of the immigration system. They are forced to separate
women who will be entitled to protection from those who will not
be protected. Because of such exclusion from all services, these
women do not figure in the public and provider imagination. Needless
to say, for our organisation as well as others (including the
police and Social Services) on the front line, this issue is causing
despair and desperation since options are so limited.
Domestic Violence Rule allows persons
subject to immigration control and domestic violence indefinite
leave to remain in Britain. However it depends on the nature and
quality of the evidence that is available to demonstrate they
have been victim of domestic violence. Women in this situation
(as expressed in their brief stories) suffer in silence and those
around them are close relations of their spouse. The threat of
deportation prevents them discussing their experience with anyone.
Moreover they are not left to move around independently. Hence
they do not always have the required evidence. Worse still, they
are required to pay the Home Office fee (currently £750)
at the submission of an application. Women under Immigration control
do not have such a sum of money because either they have not been
allowed to work or because they are deprived of their income.
The Domestic Violence Rule also requires women to submit their
application for Indefinite Leave to Remain before their visa has
expired. However many women are unaware of this requirement.
While the Domestic Violence Rule is a
positive step forward, it has failed to be beneficial to many
women. This is due to the restrictive nature of the rule, both
in terms of the evidential requirement and in relation to the
category of persons who can avail themselves of the rule. The
existence of No Recourse to Public Funds does not remove the fear
of destitution and further violence. It strengthens the economic
dependency of abused spouse on the abuser and prevents the majority
from escaping violence and even death. In the Domestic Violence,
Crime and Victims Act 2004, the Government acknowledges that welfare
benefits and access to safe housing are essential prerequisites
for all victims wishing to escape domestic violence. Yet this
recognition is denied to those with insecure immigration status
and in doing so puts them outside the scope of the protection
afforded by domestic violence legislation and policies including
the Domestic Violence Rule. Women cannot avail themselves of the
Domestic Violence Rule if they do have access to place of safety.
It is evident from the women's stories
that destitution is a common experience and have a devastating
impact on the ability of many women seeking support to flee domestic
violence. Many had no choice but to return to violent relationship
only to face further violence. One of the most disturbing trend
observed by the Rights for Non-British Spouses is that women victims
of domestic violence are not safeguarded under the "Safe
Guarding Adults" and assistance is denied by many local authorities
even to those ones with children. Among those local authorities
that do help, there is no consistency of approach and some do
not think they have a duty to assist unless there are child protection
issues.
We the Rights for Non- British Spouses
hold a strong view that the Probationary Period and No Recourse
to Public Funds Rules are racially discriminatory and violate
human rights conventions to which Britain is signatory. These
rules deny women with insecure immigration status and who are
victims of domestic violence the protection and means to escape
from violence. We therefore recommend that:
— The two years Probationary
Period Rule be removed from the statue book.
— Indefinite leave to remain
be granted at point of entry.
— All women be given protection
from domestic violence regardless of their Immigration status.
— All women trying to escape
violent relationship be given right to claim welfare benefits
and safe housing.
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