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Top Other benefit issues topic #1654

Subject: "immigrant spouse subject to domestic violence" First topic | Last topic
martyn
                              

welfare rights advice worker, Meadows Advice Group, Nottingham
Member since
06th Jan 2006

immigrant spouse subject to domestic violence
Fri 06-Jan-06 11:51 AM

I have a client who came from India, with 3 children, to join her husband. She has a visa with 'no recourse to public funds'.Within the period of the visa, the marriage broke down as a result of the husband's violence towards her. She has a solicitor who is applying for indefinite leave to remain on the basis of the domestic violence. What does she live on in the meantime? I have not been able to find anything in the books or information system. It is clear she has a right to apply to remain if the marriage has ended as a result of violence; but I can find no right to claim benefits in the interim. Has anybody had a similar case or come across the answer?

  

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keith venables
                              

welfare rights caseworker, leicester law centre
Member since
22nd Jan 2004

RE: immigrant spouse subject to domestic violence
Fri 06-Jan-06 12:34 PM

We've had several similar cases and our view is that the domestic violence makes difference. Until her status changes she's got no recourse to public funds which in practice means no benefit.

Only form of support we've found is to go to Social Services. Here they support women with kids, although we have some doubts about whether they should be supporting.

If anyone's got any better ideas I'd really love to hear them.

  

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Top Other benefit issues topic #1654First topic | Last topic