Victims of Domestic Abuse from Migrant Communities
Your safety is our priority. If you are a victim of domestic abuse, we are here to help, regardless of your immigration status. We understand that you may have concerns about speaking to the police, particularly around the sharing of information with immigration services. Please know that our primary goal is to ensure your safety and protect you from harm.
How We Handle Your Information
The police and immigration services have clear policies about how your information is used. To provide transparency, you can review the fair processing notices and policy to better understand when and how data might be shared:
- Police Fair Processing Notice: Visit here
- Information sharing with Jersey Customs & Immigration Service where a victim or witness of crime is a suspected immigration offender Policy: found here
- Immigration Service Fair Processing Notice: Visit here
These policies emphasise that data sharing is not automatic and is carefully considered. HMICFRS (the Police Inspectorate) recommendations underline the importance of prioritising victim welfare, which means the police will assess the risk to you before sharing information and, wherever possible, seek to safeguard you rather than penalise you.
The Police’s key principles when receiving and investigating your report include:
- Victim Safety is the Priority: The safety, well-being, and rights of victims take precedence over any concerns about immigration status.
- No Automatic Data Sharing: Information will only be shared with immigration services in circumstances where it is necessary for safeguarding, public safety purposes or where clear and reasonable grounds to suspect immigration offences exist. Sharing can be undertaken with the consent of the victim / witness when it could help to resolve the person’s immigration status.
- Transparency in Data Handling: Victims can review how their data might be used, and this policy will be available on the SoJP website.
Please don’t let fears about your immigration status stop you from seeking help that is available to you. You are not alone, and there are systems in place to protect and support you. If you are in danger and need immediate assistance, contact the Police by calling 999 or speak to an independent organisation or advocate. Your safety is our primary concern.
Citizens Advice Jersey - Visas, Work Permits and Settled Status
Freeda | Free from Domestic Abuse
Immigration and Finance Support for Migrant Victims of Domestic Abuse
Migrant Domestic Abuse Concession:
This concession provides a 3 month period of independent immigration status and financial support to certain partners who are victims of domestic abuse, allowing them to leave an abusive relationship to a position of safety and support. It allows the person to move to a separate Immigration category from their partner and allows them to access public funds during this time. During the 3 month period the victim should do one of the following to address their immigration status:
• apply for permission to stay in a relevant immigration route
• apply for settlement where they are eligible to do so under Appendix Victim of Domestic Abuse
• make arrangements to leave the UK
This a policy outside of the Immigration Rules. There is no fee for this application and no evidence is required relating to any domestic abuse. If you are concerned about speaking to Immigration you should engage with Jersey Domestic Abuse Support or Freeda | Free from Domestic Abuse who can provide support for you with this process. Alternatively you can speak directly to an Immigration officer on 448000 or email immigration@gov.je
Financial Support:
Any person who is placed on the Migrant Domestic Abuse Concession is eligible for a 13 week period of income support. The Minister for Social Security has agreed to provide additional support through the Income Support benefit to people who experience domestic abuse to ensure that they can leave the relationship and have time to make plans for their future. This provision is aimed to support migrant victims/survivors on spouse and work visas to ensure they have access to public funds and access to the safety which this can afford them. Feel free to review the ‘Ministerial Exceptional policy for people at risk of experiencing domestic abuse’ here.
Similar provisions to those that are available in the UK are available, which provide time limited funding for people who would otherwise not be able to access financial support. In addition to individuals subject to immigration controls, the Minister is also providing the same support to Common Travel Area (CTA) citizens (and others not subject to immigration controls) who have less than 5 years’ residency.
Settlement Opportunities for Victims of Domestic Abuse
Settlement may be an option where a person has, or was last granted, permission as a partner on a specified route and the relationship has permanently broken down due to domestic abuse. For more information review the ‘Appendix Victim of Domestic Abuse’ within the ‘Jersey Immigration Rules’ here. The applicant must be in Jersey unless the applicant is overseas because they have been abandoned overseas. Dependent children can also apply on this route. An alternative route may be available for relevant family members under Appendix EU(J) who are victims of domestic abuse. In addition other Immigration Routes may be available depending on the Migrant’s circumstances. To find out more you can speak to an Immigration officer on 448000 or email immigration@gov.je If you are concerned about speaking to Immigration you should engage with Jersey Domestic Abuse Support or Freeda | Free from Domestic Abuse who can provide support for you with this process.
