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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Immigration: Migrant Domestic Abuse Concession

​Migrant Domestic Abuse Concession

The Migrant Domestic Abuse Concession gives victims and survivors of domestic abuse temporary immigration status for 3 months and allows them to access financial support. It is for people whose relationship has ended because of domestic abuse.

The Jersey Customs and Immigration Service understands that some people with immigration status may feel anxious about contacting Immigration about their situation. If you are worried, you can get help from Jersey Domestic Abuse Support (JDAS) or Freeda: Free from Domestic Abuse. They can assist you through the application process.

If your application is successful, you will be granted a short period of permission to stay for 3 months which will replace your current permission (so that will no longer apply). This change in your permission cannot be reversed should your circumstances change, and you return to your partner. You would have to make a new application to stay on the basis of your relationship with your partner.​

Alternatively, you can contact an Immigration officer directly on +44 (0) 1534 448000 or email immigration@gov.je for advice on whether you're eligible for the domestic abuse concession.

Who can apply for the concession

This concession gives 3 months of independent immigration status and financial support to victims and survivors of domestic abuse. It allows them to leave the abusive relationship and move to safety with support. The person can also change their immigration status, separate from their abusive partner, and access public funds during this time.

Who is eligible

You will be eligible if you have, or have last been granted, permission as one of the following:

  • a partner under Appendix FM(J) (except for permission as a fiancĂ© or fiancĂ©e or proposed civil partner) of a person who is a British citizen, settled in the UK or a European Economic Area (EEA) national in the UK with limited leave to enter or remain granted under paragraph EU(J)3 of Appendix EU(J) on the basis of meeting condition 1 in paragraph EU(J)14 of Appendix EU(J); or
  • a spouse, civil partner or durable partner under Appendix EU(J) with limited leave to enter or remain as a family member of a relevant EEA citizen (or of a qualifying British citizen), as a joining family member of a relevant sponsor or as a family member who has retained the right of residence, granted under paragraph EU(J)3 or EU(J)3A of that Appendix; or
  • a partner under Appendix FM(J), Part 11, of a person with permission as a refugee; or
  • a partner of a person present and settled in the UK under paragraph 285 or 295E of Part 8; or
  • a partner under Part 7 (except for permission as a fiancĂ© or fiancĂ©e or proposed civil partner) of a person who is or was a member of HM Armed forces; or
  • as a partner of a person with permission to enter or stay on a work route or as a student; or
  • a partner with a permission granted under Appendix Ukraine (J) 

and:

  • your relationship has broken down due to domestic abuse
  • you require a short period of permission to stay independent from your partner
  • you want to apply for access to public funds

The concession is available to all those victims and survivors of domestic abuse however not all categories of immigration permission are eligible to apply for settlement.

Applicants who are eligible for this concession but will not be eligible to apply for the immediate settlement provisions under Appendix VDA include those who are:

  • a work permit holder and their dependants
  • a partner of a person with permission to enter or stay on a work route
  • a student visa holder and their dependants
  • a fiancĂ©(e) or proposed civil partner
  • a partner, fiancĂ©(e) or proposed civil partner under Appendix Ukraine (J) who was granted permission on the basis of their relationship with a Ukrainian national

What to do during the 3 months

During the 3 months, the victim and survivor should do 1 of the following to address their immigration status:

  1. apply to stay in Jersey under a relevant immigration route.
  2. apply for settlement if they qualify under the "Victim of Domestic Abuse" section of the Jersey Immigration Rules.
  3. arrange to leave Jersey and the Common Travel Area (UK, Channel Islands, Isle of Man).

This policy is outside the usual Immigration Rules and has been approved by the Minister for Justice & Home Affairs. There is no fee to apply, and you do not need to provide evidence of domestic abuse.

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 and survivors on spouse and work visas to ensure they have access to public funds and access to the safety which this can afford them.

Ministerial Exceptional policy for people at risk of experiencing domestic abuse

The concession provides similar provisions to those that are available in the UK, 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 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.

The applicant must be in Jersey unless the applicant is overseas because they have been abandoned overseas outside of the Common Travel Area.

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.

You may be eligible for settlement as the victim and survivor of Domestic Abuse if you most recently held an immigration permission granted in one of the following:

  • a partner of a person who is a British citizen, settled in Jersey, or an EEA national in Jersey with pre-settled status
  • a spouse, civil partner or durable partner of a person who is an EEA national in Jersey with pre-settled status
  • a partner under Appendix FM(J) of the Jersey Immigration Rules
  • a partner under Part 11 of the Jersey Immigration Rules
  • a partner of a person present and settled in Jersey under Part 8 of the Jersey Immigration Rules
  • a partner under part 7 of the Jersey Immigration Rules of a British citizen, or of a foreign and commonwealth citizen serving in HM Forces
  • a victim of domestic abuse under Part 8 or Appendix FM(J) of the Jersey Immigration Rules

You will not be eligible for settlement as the victim and survivor of Domestic Abuse if you most recently held an immigration permission in one of the following routes:

  • a work permit holder and their dependants
  • a partner of a person with permission to enter or stay on a work route
  • a student visa holder and their dependants
  • a fiancĂ©(e) or proposed civil partner under Appendix Ukraine (J) who was granted permission on the basis of their relationship with a Ukrainian national

For more information review the Appendix Victim of Domestic Abuse' within the Jersey Immigration Rules.

You can speak directly to an Immigration officer on +44 (0) 1534 448000 or email immigration@gov.je to find out more about the domestic abuse concession.

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.

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