Immigration Laws and Domestic Violence - Dissertation Example

? IMMIGRATION LAWS AND DOMESTIC VIOLENCE Basing on the findings from researches, the paper examines the dimensions to which government policies responds to the needs of immigrant women faced with domestic violence. The domestic violence rule will be examined via taking women migrant experience as a case study. Various factors will be considered such as the extent to which they face domestic violence, their help seeking patterns, the available pathways of unhooking themselves from relationships that are abusive and their service provision experience. The central aim of the paper is to document that, the effectiveness of the immigration rule is hampered severely by the failure to consider the numerous dimensions of limitations faced by migrants’ marriage. Introduction Domestic violence has been described by different individuals and groups to include a wide dimension of issues such as, uttering of words that are unkind or demeaning, grabbing an individual arm, murdering or kicking. However, the violence that occurs between cohabiting or married couples is referred to as domestic violence. Sometimes it is also taken to mean violence against a household member such as the elderly relatives or children. It is prevalent in socio-economic, religious, ethnic and racial groups. The likely hood of domestic violence to occur largely depends on factors such as substance abuse, poverty and mental illness. According to the view of women’s Aid, domestic violence is psychological, sexual, financial or physical violence among relationships that are intimate or family based. This forms a coercive and controlling behavior pattern (“What’s domestic violence”). As a result of no single definition of violence, the problem has become an uphill task to address. Women who tour the United Kingdom to visit their fiances on a visa that only lasts for six months are expected to engage themselves in a civil partnership or enter into marriage (paragraphs 290–291, Part 8, Immigration Rules, 2002). Alternatively, some come to reunite with their husbands and are subjected to a probationary period of two years of residency. This period is also referred to as two year rule. Through the citizens’ rights or spouses’ residency, the immigrant women obtain their migration status (paragraphs 281–282, Part 8, Immigrations Rules, 2002). However, if their marriage does not work and end in a divorce during the two year period, they are not entitled to stay in Britain. In such circumstances, they are deported back to their home country (paragraph 287, Part 8, Immigration Rules, 2002). As a result of recent law changes, if marital breakdown is as a result of domestic violence, the migrant women are supposed to provide indispensable evidence of the violence. For such cases, they need to apply for the Indefinite Leave to Remain (ILR). However, these women have no resource to public funds (NRPF) until a decision is made regarding their Indefinite Leave Remain application. The public funds are such as social or benefits housing that are inaccessible by refugees (paragraph 281 iv and v, Part 8, Immigration Rules, 2002). Despite the proof indicating that violence against women is prevalent in all countries across the globe, it takes various dimensions. The forms vary from the service response issued to the affected women and domestic violence impact (Krug et al. 2002, p.89-91). Women residing in India, Bangladesh and India are often faced with domestic violence. The domestic violence abuse is always triggered by numerous family members. Deployment of honor and shame notions is utilized to prohibit women from leaving, and stigmatizing women who are unable to leave. Sikh and Hindu women whose families pay huge dowries for purposes of marrying then to men living in the United Kingdom enhances the increased pressures for their family members to make sure their marriages are successful. This is perceived as a form of women oppression by feminist analysts. This takes into account of different social inequality intersections such as immigration status, race, and class results to a qualitative distinct domination matrix for women of different color (Collins 2000, p.325). Women from minority and black ethnic groups experience domestic violence. These women response to domestic violence is conditioned by various factors such as community and gender identity. In addition to that, the states response nature to violence determines how these women respond to their domestic violence (Burman and Chantler, 2005, p. 63). United Kingdom international has a history that is broad. Immigration and asylum over decades has been a problem reconstituted by succeeding governments and political populist discourse (Schuster and Solomons, 2004, p.269). Immigration routes have been closed down by successive legislations in the United Kingdom and the asylum seekers’ rights have been revoked. This has greatly affected the ethnic minority women who are exposed to domestic violence in the United Kingdom (Imkaan, 2003, p.250). In order to prevent marriage as a means of migrant women becoming citizens of the United Kingdom, rules such as no recourse to public funds and probationary period rule were developed. Women who encountered domestic violence before 2002 during the period of probation had two alternatives to choose from. They were either to endure the violence due to their immigration status that were insecure or abandon the relationship that is abusive and return to their countries of origin. All this were no easy choice to make. Returning to their home country meant severe abuse from family members for abruptly terminating their marriage. On the other hand, staying in the foreign country as an illegal immigrant would result to further consequences. Through black and ethnic minority groups’ campaign, there was recognition of domestic violence impact on married migrants in 2002 and it was documented under the migration rule paragraph 289A. Under this recognition, a migrant woman was allowed to apply for Indefinite Leave Remain even after separating with her husband as long as she has a concrete evidence of domestic violence. On the contrary, this acknowledgment only applied to marriage immigrants and did not cater for groups such as women accompanying their spouses on a worker or student visa, or individual’s classified as illegal migrants. This limitation is what triggered the immigration law re-examination. This law traditionally had been developed with less consideration of realities that are gendered. For purposes of proving that domestic violence indeed occurred, evidence had to be provided by women in ways such as, police caution, injunction order, court conviction, order for protection against the abuse and an order for non-molestation (Anita 2008, p.191). Thus the research hypothesis is that a human rights perspective should be considered while examining the extent to which the policy of the government and practices meet the women needs especially those with immigration status that are insecure and also experiencing domestic violence. Literature Review Anitha (2008, p. 191) explains that despite the fact that international migration to UK has a long history, immigration and asylum has come to be considered as a problem by successive governments in the last decade. Some legislation have closed immigration routes into UK and abolished the rights previously enjoyed by asylum seekers which has disadvantaged women going through domestic violence. In the 1990s, the world experienced a remarkable transformation in the way in which different nations handle issues of domestic violence against women (Hawkins and Humes, 2002, p. 231). Previously, most countries ignored this issue and took it as a private problem. However, things have changed and most countries now accept responsibility to play a role in helping to prevent domestic violence and prosecute perpetrators (Hawkins and Humes, 2002, p. 231). Despite this commitment to stamp out domestic countries, Hawkins and Humes (2002, p. 231) notes that some nations have made minimal alterations and are doing little to tackle the problem. On the other hand, they observe that some countries have gone ahead and made legislations that categorize domestic violence as a form of crime and set up national campaigns to raise awareness about the vice. Furthermore, some countries have established women-specific police stations which are intended to encourage women to report of domestic violence crimes (White and Gondolf, 2000, p. 467). Robinson (2007, p. 11) defined domestic violence as any incident of threatening behavior, abuse or psychological, physical, financial, sexual, emotional or financial abuse. The 1993 United Nations Declaration on Elimination of violence against women described this form of violence as any ‘’act of gender-based violence which results in or is likely to result in, sexual, physical or psychological harm or torture to women (‘’Gender-based violence comes at high social and economic cost’’, 2011). The article further explains that the declaration observed that violence against women also includes various acts, arbitrary denial of freedom or coercion, whether this occurs in public or in private. The definition by UN included marital rape, sexual abuse and harassment, trafficking and forced prostitution. This definition has been broadened to encompass systematic rape during armed conflicts, female economic exploitation, pre-natal sex selection and female infanticide (‘’Gender-based violence comes at high social and economic cost’’, 2011). Gender-based violence on women and girls was earlier viewed as a rare occurrence has now received global recognition. Global statistics indicate that one in every three women is raped, beaten or faces other forms of abuse in her lifetime (Ellsberg, 2006, p. 1). Most of the gender based violence against women is advanced by someone close to the victim mostly an intimate partner. In a review of violence against women in the world, data showed between ten and sixty percent lifetime prevalence of physical partner violence (Ellsberg, 2006, p. 1). Great variations are observed between developed and industrialized nations given that developed countries have more support services thereby giving women a chance to escape from abusive relationships (Ellsberg, 2006, p. 1). Domestic violence is a serious issue that requires to be addressed through concerted efforts from all stakeholders. Ellsberg (2006, p. 2) notes that between 40 and 60 percent of murder cases of women around the world are done by their intimate partners. In South Africa, a study found out that one woman is murdered by her partner after six hours (Ellsberg, 2006, p. 2). According to Shipway (2006, p. 57), in UK, every week two to three women are killed by a former or current partner. He observes that between April 2000 and June 2001, 30, 314 offences under the Protection from Harassment Act of 1996 were reported in London alone. The groups of women identified as being at the greatest risk of domestic violence are woman who have disability, those having difficulties in speaking or writing English and those isolated from friends and family (Shipway, 2006, p. 57). Moreover, women having insecure immigration status are always at a high risk of domestic violence (Saifuddin, Koenig and Stephenson, 2006, p. 1427). Immigration Laws and Policies in UK Gould (2006, p. 34) writes that hundred of women who arrive in UK annually and unfortunately get trapped in abusive relationships find themselves in a dilemma. These women have to choose either to stay in the abusive relationship at the mercies of their oppressive partners or escape and risk being destitute. Each year about six hundred women arrive in UK as immigrants sponsored by the spouses and asylum seekers but end up in violent relationships. These women are mostly married by UK citizens or men having indefinite leave to remain in UK. A smaller number however come as dependants or students or workers or as fiancees (White, Merrill, & Koss, 2001, p. 910). These groups of immigrants have their status as NRPF and therefore they have no remedy from public funds and consequently they are excluded from housing and benefits entitlements. The policies also prevented them from escaping to refugee camps since the rent for people in this scheme is usually financed by the housing benefits (Gourd, 2006, p. 35). Gourd (2006, p. 35) explains that since women would not want to end being destitute, they opted to remain in oppressive relationships or as sexual slaves where their tormentors had superior power over them where they threatened them to disobey and they would be sent back to their homeland. Following an intensive campaign by the South all Black Sisters, the Home office introduced the Domestic Violence immigration Rule (Cox & Posner, 2007, p. 835). This rule allows immigrant women have stayed in UK for a period of two years known as the probationary period to apply for ILR provided that they demonstrate that the violence resulted in the permanent break down of the relationship. Gourd (2006, p. 35) observes that despite enactment of the rule, victims of domestic violence have no recourse to public finances. Immigrant women to UK on a spouse or their partner’s visa generally have to leave to enter or remain in UK for a period of 24 to 27 months. This period is known as probationary period Stearns, 2002, p. 137). As the probationary period draws to an end, but just before it ends, one can apply for an Indefinite Leave to Remain (ILR) in case the relationship is working out well. ILR guarantees the applicant the right to stay permanently in the UK (Rights of Women, 2010, p. 3). In case an immigrant to the UK who has come under the spouse’s visa experiences domestic violence, they can apply for Indefinite Leave to Remain under the domestic violence rule (Rights of Women, 2010, p. 3). This can be applied at any time during the probationary period or even after the lapse of the period. The immigration rules specifies who is allowed to get to UK and remain there and sets out conditions for the stay. Domestic violence rule is part of the immigration laws and is outlined in paragraph 289 of the immigration Rules (Rights of Women, 2010, p. 3). Domestic Rule allows a victim of domestic violence to be entitled to ILR if they fulfill a number of conditions. The conditions are that one has to have been given to remain in UK as a spouse, civil partner or partner of an individual living and settled in the UK (Rights of Women, 2010, p. 4). The second condition is that the relationship between the two must have been continuing which implies that the spouse must have stayed with their partner on arrival to UK. The victim must also be able to present adequate evidence that their relationship has broken up permanently before the completion of the probationary period because of domestic violence (Harcourt & Wood, 2006, p. 19). Rights of women (2010, p. 4) explains that the domestic violence rule is silent on who the perpetrator of violence should be for a successful application of the ILR under this rule. The only requirement is evidence that the relationship has broken up permanently due to domestic violence. This clarification is critical given that in addition to violence from an intimate partner, immigrant spouses maybe experience violence from their mother-in-law. However, the spouse has to demonstrate that their sponsor did not protect her from violence consequently leading to the break-up. Rights of women (2010, p. 3) explains that it is advisable for women seeking ILR due to domestic violence to solicit for legal advice. The solicitor or immigration representatives are valuable for they help the victim to gather evidence and make an ILR application. However, in absence of a legal representative, a victim of domestic violence can make an application on her own. After the application, the case is taken by the caseworkers who decide whether a particular meets particular criteria of the Immigration Rule (Rights of Women, 2010, p. 4). There is an application fee for ILR under the domestic violence applicants of ?900 although under the Immigration and nationality (Fees) Regulation of 2007 regulation number eight exempts destitute applicants from paying this fees. One is considered a destitute in case they prove that during the time of application; one does not have access to enough finances to pay the fee and or one has total reliance on another person for food and accommodation (Rights of Women, 2010, p. 5). Despite, this provision one has to prove that they are destitute by presenting evidence about their financial situation. According to the Rights of Women (2010, p. 6), some evidence is usually more compelling than the other. Consequently, the victim should be aware of the type of evidence that will capture the attention of caseworkers and grant them ILR. Evidence that states that shows that domestic violence occurred and the way such conclusion was arrived at in accordance to the definition of domestic violence is moving (Rights of Women, 2010, p. 6). Moreover, the evidence should state the dates when the violence occurred and possibly demonstrate that this occurred during the probationary period and states the particular person that was responsible for the violence. The most persuasive evidence comes is a court conviction of an offence or a police warning for an offence that fits into the definition of domestic violence. Gourd (2006, p. 35) explains that the Domestic Violence Rule is too restrictive. The conditions set out for one to fulfill before the evidence is admissible for the grant of ILT are too strict. Moreover, the rule can only benefit some specific groups of people leaving others to become destitute. Despite its good intentions, Gourd (2006, p. 35) explains that the domestic violence rule does not provide victims to recourse on public funds. As a result, most people do not use the rule since they have no access to money to meet their basic needs such as housing and food which means that they rarely escape an abusive situation and are rarely make complains to the police about the oppression. This therefore allows the continued flourishing of these forms of abuse as the tormentors get away with the crimes. Anitha (2008, p. 189) concurs with Gourd and asserts that it is only after an application for indefinite leave to remain is decided, that a victim of domestic violence can benefits or social housing. This limits refuges inaccessible to these benefits. The conditions set out under the domestic violence rule failed to take into consideration the nature of domestic violence and the criminal justice system which handles to such crimes. This forced women group’s to continue campaigns calling for the abolishment of the restrictive evidence rule (Anitha, 2008, p. 291). The evidence require part where one has to present a court conviction, police caution, injunction order a protection order or a non-molestation order as proof against the oppressor was extended to April, 2003. These campaigns therefore meant that if the required forms of evidence are unavailable a doctor’s medical report, a letter from the social services department or other service givers registered by Home Office may be used as evidence. Several women and faith based groups continues to advocate for better rights of women with insecure immigration status (Wood, 2005, p. 13). The church takes the highest number of the women facing domestic violence but with no reprieve from the government policies (Brayshay, 2003). In the United Kingdom, women lives have been subjected to a risk. This is because the spending provided to victims of domestic violence has been squeezed as warned by campaigners. Accommodation areas for women suffering from mental and physical abuse as a result of battering from their husbands are being closed down. In addition to that, expertise such as specialist councilors is no longer needed in the employment sector due to a decrease in their funding by 31% (Morris and Peachy, 2012). Appeals under the Act of Freedom of Information have established that local authorities funding to organizations dealing with victims of sexual abuse and domestic-violence have greatly declined from seven point eight million pounds in 2010-2011 to five point four million pounds in the recent financial year. The decline has been implemented despite refuge places severe shortage. It has been estimated that there were about four hundred thousand domestic violence incidents in the year 2010-11. This figure is quite embarrassing to UK ministers as they are trying to refute accusations that the existing policies are punishing women. Advisers have been urged by David Cameroon to pursue policies that are female friendly. He offered this advice after a Downing Street document leaked warning that the government was disproportionally hitting women and their interests. According to Women’s Resource centre the chief-executive Mrs. Viviane Hayes, the cutting of funds by the government has greatly impacted negatively on females than males. She wonders if the motive is an institutional sexism case. She also adds that, the reduction of funds meant that violence bases women will no longer get the needed help. This will increase their susceptibility to death. Male counterparts who are bullying or abusing their spouses in a fashion that is controlling are liable to face criminal charges. This is a result of domestic violence laws shake-up being designed by government ministers. The deputy Prime Minister Mr. Nick Clegg is expected to launch consultations which determine how spouse and partners abuse should be defined legally. Ministers are also expected to make public that conducting of forced marriage is illegal and criminal offence. These are liberal democrats’ policy priority areas. The changes being proposed would take quite a period to be enforced (Hennessy 2011). Presently, no domestic violence criminal offence has been specified. However, there exists a backed definition by government approved in 2004 whereby, domestic violence refers to violence, abuse or threatening behavior incidences between grown up who have been partners that are or had been intimate or members of family regardless of sexuality or gender. Despite the definition, concerns by the minister are focused on the police force and agencies who are not utilizing the meaning of domestic violence. This has raised concerns whether a legal definition should be found and determine how it has to be rephrased. With the fresh definition terms such as coercive control will be utilized. This will encompass physical and emotional abuse, behavior patterns that are threatening, manipulation and economic control and children manipulation. Methodology The research will employ qualitative methods. Various literatures will be reviewed to get in-depth information on domestic violence among the immigrant women in the United Kingdom. In addition to that various policies and legislations will be reviewed for better understanding how they address the problem of domestic violence among the minority groups. The policies are such as the Domestic Violence Rule, No recourse for Public Funds, Two Year Rule and the Indefinite Leave to Remain Rule. Discussion From a review of different available literature on domestic violence faced by immigrants, it is evident that these women find themselves between what can be said a rock and a hard place. This is given the fact that these women are usually abused by their spouses and other close relations who they can indeed to in a foreign country. Some of these women have been killed in such abusive relations (Frost, 2008, p. 563). However, these women must be subjected to a two years probationary period before they can apply to be allowed to stay in the UK permanently. During this period, victims of domestic violence cannot access recourse from the public funds. These are restrictive rules since these women are usually in the country for a visit and are therefore not entitled to formal employment and without government’s assistance, and dejected by their spouses they have to put up in the oppressive relationship or become destitute. Things are even harder for women who do not know how to speak English and have no friends in the country (Burnett and Whyte, 2004). Moreover, the Domestic Violence Rule that was supposed to solve their problems does not address them in totality. The Domestic Violence Rule adopted after lobbying from a group of the Southall women does not achieve its objective of guaranteeing the human rights of women facing domestic violence and those of their dependants if any. Although the rule allows for victims of domestic violence to apply for the indefinite leave to remain in UK before the lapse of two years, the rule does not provide for recourse to these women to access public funds until the determination of their ILT application (Graham-Kevan, 2007, p. 213). Since this means that these victims cannot access any benefits given by the government, they are therefore condemned to stay in oppressive relationship or otherwise they can move out but have no place to turn to (Boyle and Todd, 2003, p. 438). This means that the domestic violence rule does not meet its ultimate goal of enforcing the rights of women going through this vice. Failure to grant domestic violence victims the right to recourse from public funds leaves them with no option to accommodation, food, and other basic necessities in case they opt out of the relationship (Richards, 2007, p. 33). This is contrary to the provisions of human rights which guarantee all human basic needs to food, shelter and clothing. These victims are even worse off than refuges in any country since if it takes too long before determination of the application of indefinite leave to remain, they would basically have to depend on other citizens with an open heart to provide the basics (Ruhs, 2006, p. 7). Furthermore, the domestic violence rule which is the only reprieve for victims has several conditions set out for different groups of people. The rule can only be applied on women who are married or in a civil relationship (Staniewicz, and Sales, 2009, p. 377). Civil relationship is defined as marriage between same sex partners. In addition, the probationary must not have expired. However, immigrants may be fiancees of students and therefore making this group NRPF complicates their situation. This would not have access to the basic necessities for as long as they live in the country and cannot seek out meaningful employment. Eventually these women would have to be deported back to their motherland which is a humiliation (Iravani, 2011, p. 7). The domestic rule also exempts women whose stay probationary period has expired. Exempting these women whose stay has expired from the domestic violence concession rule further supports the hypothesis that the UK immigration rules and policies should reexamined in order to guard against women with insecure immigration status ("Pro Bono Work: Agency Viewpoint - Grey London", 2009, p. 17). This is because a more humanistic perspective should be taken to help women whose stay has expired and are facing domestic violence (Foster, 2011, p. 140). This is because despite this women having gone contrary to the laws, they still require protection from the state. Conclusion Domestic violence occurs both bodily and materially. Domestic violence impact differs between individuals. The difference occurs as a result of social relations locations and contexts that are different (Hester et al.2010, p.263).Women with no recourse to public funds through domestic violence rule have been able to vacate relationships that are abusive despite the extreme restrictions to public fund accessing. Migrant women facing domestic violence do not have the opportunity of availing their issues to service providers while staying with an abusive partner (Raj and Silverman, 2002, p. 1311). They only access these services when they have withdrawn themselves from the abusive relationship. The major issues driving them to behave in such manners are such as, lack of adequate services, language barriers and insufficient knowledge about UK service provision. Domestic violence rule assumption with regards to delivery of services does not bring out clearly the suffering of migrant women who are unable to utilize the available services (Archer & Graham-Kevan 2003, p.49). Women who wish to leave relationship that are abusive are often faced by various challenges. These challenges are such as unavailability of support from statutory services. In addition to that, the evidence needed to prove that an individual is suffering from domestic violence needs a service contact that is successful in recording abuses (Stubbs, 2002, p.345). The major domestic violence problem experienced by women with immigration status that are illegal or insecure is the issue of human rights (Baskerville 2012, p.351). Then, this is the issue that needs to be addressed rather than that of immigration. Violence according to feminist analyst starts when the conception that the hostility towards women by men is an outcome of societal and social patriarchal structures (Dobash and Dobash, 1997, p. 439). According to feminist analysts, domestic violence is as the result of male need to control and dominate women. From this assumption perpetrators of domestic violence treatment should involve male partners. This treatment objective should be to reeducate abusive men. This can be achieved via challenging their views that are negative towards women. In addition to that, their belief that they have the right their partners should also be challenged (Sullivian and Bybee, 199, p.45). Individuals who resist violence utilize aggression. This has made them not to be taken as domestic violence perpetrators (Dutton 1994, p.126). For purposes of helping them, they have been encouraged to learn skills that will enhance in the resolution of conflicts. This only applies if the spouse is boarder line and the victim won’t mind maintaining their relationship. However, if the spouse is extremely violent, they are advised to walk out of their marriage. In such cases the perpetrator is punished (Sethi et al 2004, p.183). Recommendations Domestic violence cohesive policy lacks in European Union (Bleich, 2007, p.150). The vacuum in the policy is in a threat of being occupied by practices and policies not based on clinical and academic paramount practices. As a matter of fact they are lobbied by politics. Women activists are increasing in number and are affecting how policies are made. For instance, they are influencing and initiating legislations and change in policy. Therefore, to make the policies on Domestic violence work effectively and efficiently the following need to be done (Graham-Kevin 2007, p.213). The existing laws need to be reformed. This are such as the evidence required by Domestic Violence Rule to accommodate sufficiently the immigrant women needs who face domestic violence. This would enable the immigrant women to boldly leave the relationship that are abusive and refuse to be deported to their home country by the UK government. This will limit the amount of violence they face from their family members that might result to death (Harris, 2010, p.170). Secondly, approaches for the assessment of severity of the domestic violence impacts needs to consider the effects of the impacts across a wide range. These are such as, emotional, sexual and emotional abuses. In addition to that, the feminist perspective need to be utilized as it provides a significant foundation for these abuses(Behrens 2005,p.220). Research on services for individuals affected by domestic violence should take into consideration the geographical location, community and capacity coordination. 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