No recourse to public funds

The national 'no recourse to public funds' policy is a general rule for most people who apply to come to the UK.

The Government is aware of the difficulties victims of domestic abuse face, in particular those who can’t access public funds. Because of this, the Government provides help to these victims who have been admitted to the UK with leave as spouses, unmarried partners or civil partners of a British citizen, or of a non-citizen who is settled in the UK.

This allows domestic abuse victims to apply for indefinite leave to remain in their own right, if they have been victims of domestic abuse during the first two years of that relationship.

The domestic violence rule

If the victim’s relationship with a British citizen or a person settled in the UK has broken down as a result of domestic abuse, they may be able to apply for indefinite leave to remain. This is also referred to as permission to settle in the UK permanently.

To be given permission to settle as a victim of domestic abuse, they must prove that:

• they have been given permission to enter or remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here (even if that permission is no longer valid)
• the relationship was existing and genuine (not a 'marriage of convenience', for example) when they were last given permission to enter or remain or they were last given leave in order to access public funds while they applied for indefinite leave on the basis of domestic abuse
• they were the victim of domestic abuse, and this is what caused the relationship to break down before the end of their permission to enter or remain.

Destitution domestic violence concession

On 1 April 2012 the UK Border Agency (UKBA) introduced the Destitution Domestic Violence (DDV) concession to replace The Sojourner Project. A person who successfully qualifies for this concession will receive temporary leave for three months, which allows them to apply for access to public funds (including jobseeker’s allowance, income support and housing benefit). During this three month period the person should make a separate application for indefinite leave to remain under the Domestic Violence Rule.

There are strict eligibility criteria for the concession, which applies to single adults and adults with children. To meet the UKBA’s criteria a person must:

• have entered the UK or been given leave to remain as a spouse, civil partner, unmarried or same sex partner of a British citizen or someone present and settled in the UK
• have had that relationship break down due to domestic violence
• be destitute and in need of financial help
• intend to make a claim to stay permanently in the UK under the Domestic Violence Rule.

Spouses of EEA nationals do not fall within the scope of the concession and, at the present time, it does not cover the spouses of Commonwealth soldiers resident in the UK.

The role of social care

Social services departments should assess a person or family fleeing domestic violence in these circumstances in the usual way, taking into account a local authority’s duty to protect victims of domestic violence.

Where a person appears eligible for the DDV concession, the proportionate response is likely to be the provision of temporary support while their notification is processed.

The DDV concession only applies to people whose leave to enter or remain in the UK was as a partner of a British citizen or person settled in the UK and so social services departments may come across cases where the concession will not apply. In this situation the presenting person or family should be assessed in the usual way, taking into consideration whether they have no recourse to public funds under Schedule 3 Nationality and Immigration Act 2002.

UKBA has more information regarding no recourse to public funds.