Briefing. Women with No Recourse to Public Funds. Challenges and support to help women out of violence. Key issues: April 2011

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1 Briefing April 2011 Women with No Recourse to Public Funds Challenges and support to help women out of violence For Ani, the difficult question was where. Her social worker advised her it would be safer to go somewhere safe with her twoyear-old daughter before her husband was released. Police had arrested him the day before, and installed an emergency alarm in the home. He had hit her yet again. Women s refuges are safe places for many women to go when they experience domestic violence, but they re often not open to women like Ani. This is due to a restriction on the visas of some immigrants including women on spousal visas that requires them to live with no recourse to public funds. It bars them from accessing welfare benefits and women s refuges funded by housing benefit. When Ani arrived in the United Kingdom in 2008 from Sri Lanka, she wanted to learn English, but her husband discouraged it. He was violent and abusive, and yet she depended on him for almost everything, even her right to stay in the UK. Hestia is one of the few organisations that provides housing and specialised support to women like Ani, who experience domestic violence while having no recourse to public funds. To make this possible, Hestia engages in unique partnerships and continues to fundraise for housing, support and basic living costs. Hestia refuge workers have helped Ani and other women in similar situations, from many countries, to get the legal help to regularise their immigration status, and the practical and emotional support to recover from violence. Key issues: Many women with insecure immigration status feel trapped when they experience domestic violence, fearing homelessness and destitution as the alternative. Very few women s refuges are able to support women with no recourse to public funds; they find the financial liability too high and need housing benefit to cover rent. Supporting women with no recourse requires extra resources, including interpreting, higher levels of staff support and funding beyond welfare benefits. Innovative partnerships are needed to bridge service gaps. These can be established between refuge providers, women s organisations, and legal and immigration experts. Further partnerships with Social Services departments and charitable funders and central and local governments are also important in helping domestic violence victims with insecure immigration status. Page 1

2 What does it mean to have no recourse to public funds? Unlike UK nationals, people with no recourse to public funds aren t entitled to claim welfare benefits or homelessness assistance from local authorities, even if they re desperately poor. The UK government introduced the rule to prevent a drain on public resources, but it also has the undesired effect of trapping some migrant women in abusive, and in some cases, highly dangerous households they would have left, if only they had the financial means. What is currently being done to help women with no recourse to public funds? The UK government acknowledges the unfortunate problems faced by women whose abusive partners control their immigration status, but only limited measures have been put in place to help. Immigration rules in the UK allow for some women on spousal or partner visas to apply for indefinite leave to remain if they meet specific conditions. They also need to provide evidence the Home Office considers to be sufficient to prove domestic violence, such as police and medical reports. But this is not enough to help women who need to flee to refuges first: How would they pay rents in refuges while they await a decision from the Home Office, or buy food for their children? What is domestic violence? Domestic violence is physical, sexual, psychological or financial violence that takes place within an intimate or family-type relationship and that forms a pattern of coercive and controlling behaviour. This can include forced marriage and socalled 'honour crimes.' Source: Women s Aid The Sojourner Project The Home Office responded to criticism by starting a pilot project in November It granted up to eight weeks of funding for refuge accommodation and basic living expenses for women eligible to apply for indefinite leave to remain under the domestic violence rule. If women are successful in their applications, they could then apply for welfare benefits. In the 14 months pilot period, 587 women and 358 children with no recourse had benefited from the scheme, known as the Sojourner Project. Given the excellence of this project, we were delighted with Home Secretary, Theresa May s recently announcement that Home Office funding for Sojourner will continue from April What about other women with insecure immigration status? Women who experience domestic violence but are not in the UK on a valid spousal or partner visa can t get help under the Sojourner Project or paragraph 289A of the UK Immigration Rules, the section on the domestic violence rule. At Hestia, we recognise this gap in help available to women with no recourse to public funds. We house and support women who experience domestic violence with varying immigration status. Some are victims of trafficking. Some come from accession countries of the European Economic Community. Others have fled to the UK to escape persecution. We act quickly to help women get legal and practical help tailored to their needs. Page 2

3 Hestia s No Recourse Project I wouldn t have anything if I didn t get this help. I would be on the street. Ani, a no recourse service user One of the basic tenets underpinning Hestia s No Recourse Project is that every woman has a right to live free of violence, regardless of her immigration status. As one of London s leading providers of housing and support to women victims of domestic violence, Hestia is working proactively to prevent vulnerable women with no recourse to public funds from falling through service gaps. With funding from the Henry Smith Charity, Sojourner, and successful advocacy with social services departments, Hestia has growing experience housing and supporting women with no recourse to public funds and their dependent children. Hestia also worked with the legal rights charity Rights of Women to train refuge workers on immigration law and Home Office applications, enabling them to work more effectively with solicitors in explaining options and procedures. Costs and benefits Refuge space in London is expensive, costing an average of around 232 a week (nearly 8,700 a year). Most individual refuges are small projects with just two or three staff. They are simply unable to accept the financial liability of housing women with no recourse to public funds. There s often uncertainty about how long the women who need to stay and how long any special funding would last. And yet the cost of inaction is even higher. According to estimates recently released by the Trust for London and the Henry Smith Charity, domestic violence costs London 918 million a year. This includes costs to the justice system and of treating victims. Domestic violence support is crucial for saving the lives of women and children who would otherwise face physical and emotional harm, if not death, and destitution without specialised help. The crucial role of interpreting and support funding When Nona first arrived at Hestia s refuge, she spoke very little English. At the same time, having no recourse to public funds made it difficult for her to gain access to free English classes. Hestia s No Recourse Project paid for interpreting so that Nona could communicate her needs with the refuge workers. The cost of interpreting is around 50 per session and quickly adds up, and so it is only through special funding from the No Recourse Project that Hestia is able to house and support non-english speakers like Nona. Nona s application for indefinite leave to remain was successful, but it took another six weeks before she got her first welfare benefits payment and entitlement to enrol in free English classes. Now that she s been in English classes for several months, Nona s confidence is growing, and she s finding her own voice. Page 3

4 Lessons Learnt Key points to consider when running refuge projects for women with no recourse to public funds include:- High support needs Women with no recourse to public funds tend to have much higher support needs than other refuge residents. Additional time is needed to support women with no recourse through immigration issues, as well as the normal housing, health, benefits and children s issues. Staff policies Written guidance on supporting women with no recourse to public funds is useful for refuge workers to meet standards and follow procedures. Social Services important role They sometimes fund refuge and subsistence costs of women with no recourse to public funds if they have dependent children, but there can be delays or difficulties in accessing this help. Single women Women without children are particularly difficult to support because they are not eligible for help from Social Services. Wide ranging immigration issues Hestia had initially designed the No Recourse Project to support women on spousal or partner visas who experienced domestic violence, but women seeking help presented a greater range of immigration issues. Everyone has a right to be free of violence, regardless of their immigration status. There s a huge need for specialist help for women with no recourse to public funds. Pamela Zaballa, Hestia Group Manager, Women s Services We have also supported women from EU countries who were eligible to stay in the UK, but were unable to apply successfully for welfare benefits without specialist welfare benefits or housing help. Tailoring solutions and support Hestia has housed and supported women and girls who have made human rights or asylum applications to stay in the UK. Interpreting and translation This is important but expensive, often surpassing what s covered by legal aid. Costs of immigration applications Costs can exceed 900 for women with several children. However, victims of domestic violence with UK spousal or partner visas can apply for a fees waiver if they can prove they are destitute. The UK Border Agency has further details. Duration of stay - There are often delays in helping women to book appointments with legal aid solicitors. This ends up prolonging the amount of time women spend in refuges. Refuges need to plan, budget and fundraise specifically. Specialised advocacy for women with no recourse to public funds Having a No Recourse Advocate would enable Hestia to support more women. This worker, with in-depth knowledge of domestic violence and immigration issues, could asses each new referral so that we could select cases with good evidence. This would enable us to get cases by the UK Border s Agency quickly, significantly boosting the impact of the No Recourse Project. Page 4

5 The no recourse rule affects children too Hestia regards supporting children, as well as mothers, to recover from abuse as an essential part of our work in refuges. It helps the child s welfare in the short-term. It also helps prevent the cycle of abuse perpetuating itself across the generations. Children of mothers who experience domestic violence are often severely physically and psychologically affected themselves. The quicker women with no recourse to public funds can access help for domestic violence, the quicker their children can be helped to safety and security too. Delphine s Story My key worker at the refuge is very helpful. I don t have any family here. When I had to give birth, I asked her to come with me, and she was there all day. As a teenager, Delphine suffered many years of abuse from her father and stepmother. Later she moved to the UK, sharing a place with her ex-boyfriend. He soon became abusive too. Several years later, her lowest point was finding herself pregnant and sleeping rough in a park. A homelessness charity referred Delphine to Hestia. Hestia s No Recourse funding paid for Delphine s stay in the refuge, while a refuge worker is helping her to sort out problems with her welfare benefits application. Delphine now looks to the future with much more hope both for herself and her young daughter. The refuge is a safe place where we can think about living a new life, come out of our troubles and get peace. Sonia, mother of a 2-year-old son In 2009 alone, Hestia s domestic violence services helped 780 women and 516 children. We deliver help through our women s refuges, floating support and domestic violence services in six London boroughs. In 2011, Hestia will expand support to over 120 women in Hillingdon. Despite being one of the few organisations that houses women with no recourse, Hestia is still only able to assist a small minority. In 2010, 11 per cent of the women Hestia was unable to accept into our refuges had no recourse to public funds. This shows the acute demand for these services. Hestia is constantly seeking partners and supporters to develop and improve them. If you represent an agency that wants to share best practice on working with women with no recourse to public funds, please contact pamela.zaballa@hestia.org. Page 5

6 Thanks to the Henry Smith Charity, who generously supported the No Recourse Project. Empowering homeless and vulnerable people in London since 1970 Hestia has been empowering vulnerable people in London since In total, we work in 16 London boroughs, supporting over 2,500 adults and children each year. As well as domestic violence, their support needs include long-term mental health problems, HIV/AIDS, substance use, physical disabilities, and a risk of offending. Registered office Sovereign Court Staines Road HOUNSLOW TW3 3HR Phone: Fax: info@hestia.org Website: Registered Charity Number: Company Number: Page 6