Independent Immigration Status for Victims of Domestic Violence

We are often consulted by persons who are in the unfortunate position of being the victim of domestic violence and who wish to leave their relationship but fear that their immigration status will be in jeopardy if they do so.

Whilst every case is different, common issues arise where the victim’s immigration status is dependent upon the perpetrators such as; lack of access to social welfare benefits and/or housing, social isolation, fear of losing custody of children etc. Sometimes a victim will not want to jeopardise the perpetrator’s immigration status by coming forward.

In 2012 the INIS published a guideline for victims for domestic violence who wish to attain independent immigration status, http://www.inis.gov.ie. It is stated by the Department that “Domestic violence should always be reported and you do not have to remain in an abusive relationship in order to preserve your entitlement to remain in Ireland”. Whilst these guidelines are welcome, they have been criticised, in particular by the Immigrant Council of Ireland for not offering sufficient clarity as to what residency stamp will be afforded to approved applicants.

It is clear that this problem in under reported. Contact Sarah McDonald solicitor if you have any queries in relation to obtaining independent immigration status at smcdonald@mcgrathmcgrane.ie