Association of Pakistani Lawyers (APL), a team of Pakistani origin lawyers, Solicitors, Barristers, Judges in UK took serious note of the plight of Foreign Brides who fall victims of domestic violence at the hands of their British spouses and APL has called for a permanent residency rights at the start to avoid abuse & domestic violence in UK. APL has written to British Prime Minister, David Cameron seeking his intervention at this continued abuse.
In the last 2 years of nearly one thousand applications to stay from South Asian women claiming abuse were made, and only four hundred and forty, less than were successful. 440 were granted and 540 applications were refused for lack of evidence. A latest study into domestic violence shows that south Asian women are the least willing to seek help, and abuse remains undetected, and unreported most of the time. We have no figures to show as to how many are returned silently where spouse uses its position of authority to seek voluntary removal. Women who do not seek help may have different reasons, including lack of understanding of language, and knowledge in terms of awareness of what is available in terms of services. Or maybe one is in a situation where every where the victim goes her abuser is actually going with her. Then her opportunity to disclose the abuse is not only compromised but jeopardised without anyone noticing it. There is a lack of service, awareness and a will to make them aware of the possible pit falls.
Foreign nationals living in the UK whose marriages break down are allowed to stay in the country if they can prove they have been victims of domestic violence. It is often felt that victims of abuse are unable to prove that they are victims by way of providing prescribed evidence. They are reluctant to seek community and or support of police, social services, and GP whilst they are at their in laws, however by the time they leave the place of abuse it is often too late.
APL is of the view that Ideally, the foreign spouses must be allowed to join their husbands on indefinite leave to remain where no provisions of public funds are made for them, It is a similar position where someone invites their elderly parent under Para 317 HC 395 and the parent gets indefinite leave to start with a caveat that he or she may not seek public benefits and applies for naturalisation after 5 years of stay in UK. That is an ideal solution to curb the mind set of using its extreme superior position to unleash hell on the visiting foreign brides and mistreat them.
However if that system is not possible then the Govt must consider a proposal where foreign spouses are allowed to apply for ILR (indefinite leave to remain) in their own rights if their husbands do not support their application after 5 years of stay especially if they are not involved in any crime and do not pose any threat to public and meet general rules for settlement; that will take away the driving power of British partner to abuse their foreign spouse and enslave them with a fear and favour to support them in future for their indefinite leave to remain application. If that power which is qua sai power having a potential to fall for an abuse is returned to the state to decide, it will address the root cause of the said abuse.
Domestic violence affects the lives of thousands and society has long tolerated it or ignored it. Each year, about 150 people are killed by a current or former partner, and one in four women and one in six men will suffer domestic violence at some point in their lives.
APL has requested the Prime Minister of Great Britain, Home Secretary, Nick Clegg, Baroness Warsi, to intervene and have copied to Lord Nazir Ahmed to consider the plight of those being abused silently. APL in its communiqué of 14 June 2010 has proposed the following: “That Foreign Brides must be considered for either indefinite leave to remain at the entry clearance point at missions abroad (if we cannot have a robust system in place to root out abuse); and or if we can, spouses are given an option of a 5 years residence visa in line with that of other categories; a) That Foreign Brides must be allowed to apply indefinite stay after 2 years if their marriage is subsisting and their spouses support them. Alternately, if spouse does not support: a) That Foreign Brides who are victims of domestic violence must be allowed to stay in this country with the available prescribed evidence within 2 years and without pre requisite evidence after 5 years (if the required evidence of injunction, conviction and or caution against spouse as evidence is not available). (we have seen cases where spouses who are victims but do not meet evidential requirements are waiting for their cases to be decided for over 5 years and they are in dozens). b) That foreign spouses should be allowed to apply for ILR (indefinite leave to remain) in their own rights if their husbands do not support their application after 5 years of stay especially if they are not involved in any crime and do not pose any threat to public and meet general rules for settlement; that will be a position akin to naturalisation application where one may apply after 3 years if husband supports, and 5 years if they are applying in their own right; In this situation state will take away the driving power of British partner to abuse their foreign spouse and return it to the state to decide which will address the root cause of the said abuse. That Foreign Brides victims of domestic violence must be allowed to stay in this country with the available prescribed evidence after 2 years and without pre requisite evidence after 5 years. (we have seen cases where spouses who are victims but do not meet evidential requirements are waiting for their cases to be decided for over 5 years and they are in dozens). That victims of domestic violence can be avoided if they are provided at British High Commission level a) language support, b) services which will be available to them in case they become victim of violence, rape, and abuse c) procedure how to access those services for which British Council may be used to offer initial advice and guidance to potential settlers; That to initiate a debate with consultation with all stake holders as to how to report the existing system, put in place workable safeguards and create awareness for Foreign Brides victims of domestic violence so that they could be aware of their rights, prevent abuse before it happens, access services when it is needed and have legislative assurance that even if the marriage is not working they could apply in their own rights after probationary period.”;
