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Migrants allowed to settle by alleging domestic abuse

Just over 600 people applied to settle permanently in the Uk on the basis of domestic violence in 2013
Just over 600 people applied to settle permanently in the Uk on the basis of domestic violence in 2013
GARETH FULLER/PA

Immigrants are being allowed to settle permanently in Britain on the basis of unchecked claims that they have suffered domestic abuse, a watchdog has reported.

In some cases officials are also failing to check claims that the abuse was so serious that it was referred to specialist teams dealing with high-risk cases. An inspection report said the Home Office had not brought any prosecutions against migrants who had used deception to obtain settlement status — which allows people to live, work and study, get welfare benefits and then later apply for citizenship.

David Bolt, independent chief inspector of borders and immigration, found that the Home Office had failed to remove migrants who gained settlement by deception as they were not seen as high-priority cases. He warned that the system under which migrants from outside the EU are allowed to settle, on the grounds that they have been subject to domestic violence from a UK spouse or partner, “is vulnerable to abuse”.

Mr Bolt said that Home Office case workers should not give disproportionate weight to uncorroborated evidence from agencies supporting victims of domestic abuse and added that allegations should be verified if possible.

Applications to settle permanently in the UK on the basis of domestic violence rose from about 360 women in 2003 to just under 1,200 five years later before falling to just over 600 in 2013.

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Official guidance says that case workers should treat with caution all witness documents from friends or family and letters from official sources that relay reports by applicants.

Mr Bolt’s inspection report on settlement said that significant weight was being attached to unverified evidence of domestic abuse. “This included letters from support agencies, which relayed the applicant’s own account of abuse, rather than any independent confirmation or assessment,” the report said.

Case workers carried out few verification checks and in 16 cases, out of a sample of 25, where applicants had been allowed to settle there was no record of any checks being made with police to see whether an alleged incident had been reported or if there was a criminal investigation.

In 11 cases, officials had given inadequate consideration to features that would have gone against an applicant’s credibility. In one case an applicant had taken trips to their home country after the relationship had allegedly broken down and then returned to the UK using their spouse visa. “By placing significant weight on unverified evidence from agencies providing support to domestic abuse victims, case workers were not assessing evidence in line with current UK Visas and Immigration Directorate guidance,” the report said.

The watchdog also found failings in how the Home Office deals with migrants who are found to have gained settlement by deceiving the authorities.

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In nine cases, out of a sample of ten, revoking an applicant’s right to settle was not considered by officials until at least a year after the deception was uncovered: in one case, the gap was almost seven years.

Keith Vaz, chairman of the home affairs select committee, said: “The way in which the domestic violence concession is being dealt with by the Home Office is a cause for great concern. There is evidence to suggest that the system itself is being abused.”

A Home Office spokesman said: “All applications are considered on their individual merits, including any compelling and compassionate circumstances, and in line with the immigration rules. Following the report, we are reviewing our guidance to make it clearer how we assess evidence from support agencies.”