Supporting women learners who are victims of domestic violence By Severyna Magill Migrant Women’s Mentoring & Social Inclusion Project Manager The Arbour severyna@thearbour.org.uk Supporting women learners who are victims of domestic violence This workshop will have three stages: 1. Who is this workshop designed for and why? 2. What is domestic violence and how can we identify it? 3. Practical support and guidance we can offer students, who to refer to and writing a supporting letter. Who is this workshop designed for and why? This workshop has been designed to give frontline workers information to support men and women with an insecure immigration status who are on a visa that can lead to settlement who are experiencing domestic violence. What is domestic violence and how can we identify it? • What is domestic violence? 1. How many types are there? 2. What forms can it take? 2. What is domestic violence and how can we identify it? Physical Emotional Psychological Economic Sexual taking the car away following you telling you where you can and cannot go preventing you from seeing friends and relatives breaking things punching walls punching / pinching slapping hitting/biting/kicking pulling hair out pushing/ shoving burning strangling. shouting name calling verbal threatening shouting you down threatening to kill or harm you and the children persistently putting you down in front of other people not listening or responding when you talk sulking threatening to call the police / border agency lying to you /breaking promises mocking accusing disconnecting the phone threats to commit suicide threats to take the children away telling you that you have no choice in any decisions lying to your friends and family about you opening your mail saying the abuse doesn't happen, saying you caused the abusive behaviour, being publicly gentle and patient, crying and begging for forgiveness, saying it will never happen again. threatening to withhold money taking money from your purse without asking refusing to help with childcare or housework using force threats or intimidation to make you perform sexual acts having sex when you don't want to any degrading treatment based on your sexual orientation 2. What is domestic violence and how can we identify it? "Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality.“ This includes issues of concern to black and minority ethnic (BME) communities such as so called 'honour' based violence, female genital mutilation (FGM) and forced marriage, and is clear that victims are not confined to one gender or ethnic group. http://www.homeoffice.gov.uk/crime/violence-against-womengirls/domestic-violence/ Identifying domestic violence • If a beneficiary is surviving domestic violence what are the warning signs, how can we identify it? Physical marks/bruises Missing classes Becomes withdrawn No longer contributes/values contributions Warning signs Stops attending suddenly Hesitation to travel Attendance for extra curricular activities stops 3. Practical support and guidance. Now we know how to identify violence what are the next steps? • Supporting students • Within your organisation • Signposting • Applying for Indefinite Leave to Remain • Destitute? • Organising evidence 3. Practical support and guidance. Supporting students • Confidentiality – explain what this means, that her peers will never know. Check with your manager what safeguarding and confidentiality agreements your organisation has in place. • Give reassurance • Explain options: if she wants to stay/leave/when 3. Practical support and guidance. Within your organisation • Informing Project Manager/Welfare Officer –is there a responsible employee? • Writing file notes –include, exactly what has been disclosed, the student’s name, date, your name and signature. • Hardship fund • Extra curricular opportunities eg creative classes, employability skills, mentoring 3. Practical support and guidance. Signposting • Counselling –general or culturally/needs specific • Regular activities such as art, reading clubs, wellbeing activities • GP to log and assess physical and psychological impact and health • DV specialists eg Refuge, Ashiana, Imkaan, Women’s Aid (offer refuge, guidance and counselling support) • Immigration lawyers registered with Immigration Law Practitioners’ Association (ILPA) www.ilpa.org.uk Applying for Indefinite Leave to Remain: • Complete a SET(DV) form • Client must be in the UK on a visa that can lead to settlement and entered as a spouse/partner • Show your relationship was subsisting when you entered the UK • Meet paragraph 289A of Immigration rules • Prove that your relationship broke down because of domestic violence • Not have any unspent criminal convictions • Send photographs • Send fee £820 per adult & £50 per dependent Paragraph 289A – of UKBA Immigration Rules Requirements for indefinite leave to remain in the United Kingdom as the victim of domestic violence 289A. The requirements to be met by a person who is the victim of domestic violence and who is seeking indefinite leave to remain in the United Kingdom are that the applicant: (i) was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled here; or; (ii) was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled here; and (iii) the relationship with their spouse or civil partner or unmarried partner or same-sex partner , as appropriate, was subsisting at the beginning of the relevant period of leave or extension of stay referred to in (I) or (ii) above; and (iv) is able to produce such evidence as may be required by the Secretary of State to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence; and (v) the applicant does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974. Destitute? Applying for access to public funds for 3 months to make an ILR application: • Complete at Notification of Need for Access to Public Funds form • Send to domestic.violence@homeoffice.gsi.gov.uk • Demonstrate that you’re destitute, eg have been means tested by a Local Authority Organising evidence • Letter from a hospital/GP inc. GMC registration number inc dates of visits, injuries, extracts of notes • MARAC letter saying a MARAC has been convened on their behalf • Non-Molestation Order –must be a final order, not an interim/ex-parte order • Police report inc incident log • Letter from Social Services re its involvement with you • Letter from specialist DV organisation/refuge • Other documentary evidence –eg a teacher’s letter on letterhead paper Case Studies: A: Tania is from Iran, she regularly attended all of her lessons at college for 6 months. She is cheerful and friendly with other students in the class. She has recently become withdrawn, misses classes and has stopped talking with her friends in the class. What can you do? Case Studies: B: Shika from Bangladesh has disclosed that her husband is abusing her. She has said that she feels scared when she is at home, that he calls her names and threatens her and that if she doesn’t do everything he asks he says he will report her to immigration and have her deported. She thinks she has to stay married to stay in the UK. Case Studies: C: Vicky, a teacher, noticed that her student Nazmin had become very withdrawn and quiet in the class in October 2011. She mentioned it to her Project Manager and wrote a file note. Nazmin hadn't disclosed anything and now says she wants to leave as soon as possible as she has been suffering abuse that has escalated and become intolerable. Case Studies: D: Aaliya has expressed that she has a difficult marriage to her class but not been specific. You ask her what she meant after and she just says ‘not good’. You offer reassurance and she later discloses her parents in law make her do everything in the home for them, that her husband refuses any support, gives her no money for food or travel and calls her names, mocks and ignores her. She doesn't want to leave. Who to contact? Domestic Violence Help and Advice • National Domestic Violence • All Wales Domestic Abuse and helpline Sexual Violence owww.nationaldomesticviolenceh Helpline elpline.org. www.allwaleshelpline.org.uk/ Uk Phone: 0808 2000 247 Phone: 0808 80 10 800 • Scottish’s Women’s Aid www.scottishwomensaid.org.uk Phone: 0800 027 1234 • The Dyn Project – Wales only www.dynwales.org Phone: 0808 801 0321 • Abused Men in Scotland www.abusedmeninscotland.org/ Phone: 01383 62 44 11 • BAWSO http://www.bawso.org.uk/ Phone:0800 731 8147 • Southall Black Sisters www.southallblacksisters.org.uk Phone: 0208 571 0800 • Welsh Women’s Aid www.welshwomensaid.org.uk Phone: 02920 390 874 • Men’s Advice Line www.mensadviceline.org.uk Phone: 0808 801 0327 • Women’s Aid www.womensaid.org.uk Phone: 0808 2000 247 • Refuge www.refuge.org.uk Phone: 0808 2000 247 • Women’s Aid Federation (Northern Ireland) www.womensaidni.org Phone: 0800 917 1414 • Rights of Women www.rightsofwomen.org.uk Phone: 0207 251 6577 Who to contact? Immigration advice All immigration advisers must be registered with the Office of Immigration Services Commissioner (OISC), or be an adviser with an organisation which is exempt from registration. UKBA’s Immigration Enquiry Bureau can provide information about the Immigration Rules‘ requirements for permission to stay and settlement in the UK. They cannot provide estimated completion dates for applications. They cannot give you legal advice. • UKBA – Immigration Enquiry Bureau UKBApublicenquiries@ukba.gsi.gov.uk Phone: 0870 606 7766 • Citizens Advice Bureau www.adviceguide.org.uk • Immigration Law Practitioners’ Association (ILPA) • Southall Black Sisters www.ilpa.org.uk www.southallblacksisters.org.uk Phone: 0207 251 8383 Phone: 0208 571 0800 • Rights of Women, Immigration and asylum advice www.rightsofwomen.org.uk Phone: 0207 490 7689 Taken from: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/residency/domestic-violence-help.pdf