Domestic Violence Bill Ignores Struggling Migrant Women's Rights

With the media fully focused on Brexit, attention to the Government's domestic agenda has predictably decreased in recent times. However, criticism of a pending domestic abuse bill has highlighted the intersection between victims of domestic abuse and persons with precarious immigration status, demonstrating the unavoidable implications of Brexit on all sectors of government policymaking. According to one research, 27 out of 45 BAME migrant domestic abuse victims were reported to immigration services by police forces in 2015-2016, most likely as a result of the Home Office's hostile environment policy at the time. Furthermore, it has been discovered that BAME migrant domestic abuse victims statistically remain silent for 1.5 times longer than their white, British-born counterparts — owing to concerns for their future in the UK in the aftermath of a Spouse Visa revocation following divorce.

In a nutshell, the law takes a step forward by adopting the first statutory definition of domestic violence, which includes emotional, financial, and physical abuse, as well as establishing a domestic abuse commissioner who will hold central and local government accountable. However, the practical challenges posed by the bill's design significantly outweigh the benefits for both British-born and migrant people wanting to leave an abusive relationship. According to the report of the Home Office Select Committee, one major issue is the administration of Universal Credit, a benefit that is currently paid to households rather than individuals. Many claimants are afraid of their partners' reactions and thus are unable to obtain the financial independence required to leave the abusive relationship. More specifically for migrant women, many police forces proceed to share the details of abuse victims with the Home Office for immigration control purposes – a practise that completely contradicts the Government's stated goal of ensuring that all defenceless migrants, including those in the UK illegally, receive the support they require regardless of their immigration status. The critical assessment urged for a better understanding of the complex support requirements of BAME victims of abuse, citing a decline in specific services for BAME victims of abuse, leaving them more vulnerable.

Charities have expressed their unique concerns in response to both the original bill and the subsequent Home Office Select Committee report. While Refuge largely supported the government's plan and hoped that the new Act would bring the "sea change" required to provide relevant support to abuse victims – both migrant and British-born – Imkaan responded by releasing their own alternative bill to directly address specific failings for migrant BAME women that existed in the original. The alternative law, which calls for a specialised policy framework for migrant women, those with precarious immigration status, and those without access to public funding, emphasises the sophisticated legislation required to adequately protect migrant women from their abusers that the original bill lacks.

There are numerous practicalities that an abuse survivor would need to carry out in the aftermath of severe emotional trauma. When faced with a Marriage Visa revocation, victims of domestic abuse must go on a lengthy journey to ensure their right to remain in the UK. To make matters worse, the coalition government's 2012 revamp eliminated the option of Legal Aid (government financing for legal bills) for victims of domestic abuse. You can currently apply for Leave to Remain as a victim of domestic violence if you are the former spouse or partner of a British citizen. These restrictions, however, do not apply when the lead applicant (typically the husband) has not yet been granted settlement. For partners who are locked in violent relationships, these circumstances compel them to stay with their spouse in order to remain in the nation. Victims who are placed in a shelter are unlikely to have access to public funding and will become unable to sustain themselves, making them eligible to petition for short-term leave under the impoverished domestic violence concession. However, in order to be successful, a candidate must completely demonstrate that

• They have been granted permission to continue working as a partner.
• Domestic violence has caused a schism in the partnership.
• They require public funds in order to end the partnership; and
• They aim to ask for leave to remain as a victim of domestic violence.

If they are successful, the petitioner will be permitted a limited three-month stay in the UK with access to public funding.

While some limited support alternatives are available for abused migrants, many victims are forced to remain silent due to a combination of cultural isolation and a lack of confidence in their language skills. This latest bill does not go far enough to assist persons who are vulnerable to an intensely traumatic domestic situation, and the government's mistaken focus on creating a hostile atmosphere for illegal immigrants must not blind us to the human vulnerabilities of those in our country.

Janice H., a political commentator at the Chauhan Solicitors, wrote this article.