Domestic violence: BAME women and migrants in the United Kingdom fall between the cracks

Domestic violence victims' cries have been drowned out by England's World Cup triumph thus far.

However, if they lose, local officials have issued warnings about an increase in domestic violence incidents.

Lancaster University discovered that when England lost a match in the 2014 World Cup, incidents increased 38%, and this is typical of World Cup tournaments: the 64 reports of domestic violence in 2002 increased to 99 in 2010, prompting several forces to support the campaign ‘Give Domestic Abuse the Red Card' this year.

More than 90% of domestic abuse victims are female, while only 5% to 10% are male. According to the national charity Safe Lives, 15% of black, Asian, or ethnic minority (BAME) victims – and migrants on a Spouse Visa UK - bore the weight of violence in silence 1.5 times longer than White, British, or Irish women. And, as we all know, silence is lethal.

Suffering in Isolation

The founder of the Migrant Women Association, Mirela Sula, stated in the Guardian that migrant women, women of colour, and low-income women are at a higher risk of domestic violence yet are far less likely to seek help.

BAME migrant women are among our society's most vulnerable victims of violence. Because they are so far away from home, their relatives rarely interfere or are even aware of their loved one's plight. Domestic violence is often considered taboo in many households, but for overseas women, the situation can be worsened by religious affiliations and groups. Children are sometimes the only family members migrant women have in the UK, exacerbating their fears because revealing the abuse could result in ostracism from the community, friends, or family, as well as shame and even racial abuse from the abuser's relatives.

When it comes to dealing with an abusive spouse, migrant women are unprepared. It is fairly uncommon for these women to be illiterate in English and to be unaware of their human rights in the UK. Their anxieties of being rejected by the authorities are twofold: misunderstanding or even institutional prejudice could result in their request for assistance being denied.

The underlying issue for international women facing abuse in the UK, however, is that they are completely reliant on their attacker under immigration and visa legislation. According to migration rules, the ‘UK Sponsor' controls the immigration status of their spouse's visa. Abusers use the language barrier to emotionally blackmail their victims, threatening them with deportation or jail if they "disobey" in any way. Some victims are unable to return to their home country because they may face violence, war, or familial rejection. Unable to flee or talk to authorities without fear of deportation, the abuser succeeds in physically and mentally isolating the victim.

How to Avoid Violence While on a Spouse Visa

The Spouse Visa requirements are as follows: 

• You can live in the UK for 30 months 
• You must live with your UK Sponsor

Reapplying for the Spouse Visa after the 30-month period will allow the applicant to stay in the UK for an additional 30 months. Only after passing the five-year mark do migrants qualify to move from a Spouse Visa to ILR (Indefinite Leave to Remain).

During this period, migrants rely on their UK Sponsor because they do not have access to public funds such as welfare, free healthcare, or social housing. The notion of quitting an oppressive household while financially starving appears insurmountable, indicating an abusive relationship.

Fortunately, the UK government recognises that five years of living at the mercy of an abuser is insufficient. Even if the marriage lasted less than five years, survivors of domestic violence can apply for ILR through a loophole. Many migrant women are unaware that they can have their Spouse Visa terminated (divorced) and still remain in the UK without violating any laws.

However, if you are a migrant enduring domestic violence from your British partner (or someone with ‘Settled Status' in the UK), there are a series of measures you must take in order to comply with immigration law. To begin, it is critical that you notify the Home Office of the abuse and detail any evidence using at least one letter from:

• A GP or medical practitioner 
• Social services 
• A women’s refuge

Any official court records or police reports are regarded as priceless evidence.

Survivors can then apply for the ‘Destitute Domestic Violence Concession' (DDV), which allows them to receive public funds and financial assistance for three months while their case and immigration status are being examined.

However, if the survivor owes the NHS more over £500 in unpaid healthcare charges, they may be judged ineligible for ILR. Women may be denied assistance if they have been subjected to excessive physical assault. It is critical that survivors obtain specialist legal counsel from an experienced UK immigration lawyer, who can aid with the complete transition as well as file for Legal Aid on behalf of the victim, which financially pays the victim's legal bills as well as any outstanding obligations.

Migrant women who have been abused have little choice but to become poor and alone in a new nation – or endanger their lives by remaining with their abuser. Turing to the authorities is a tough, risky, and irreversible decision. But it's time to break the silence with our migrant sisters: if you're worried about a neighbour, colleague, or even a stranger, offer her some confidential assistance. There is also an app called 'Bright Sky' that caters to multiple languages and is intended to assist victims as well as offer advise to concerned friends and relatives. There are numerous incredible organisations, shelters, and refuges throughout the UK that not only provide cash assistance, but also emotional support to all homeless women. These facilities provide a safe haven and are frequently the final lifeline that vulnerable women require before being able to reconstruct their lives.