The Immigrant Council of Ireland (ICI) has
commented on the new Irish Naturalisation and Immigration Service (INIS)
guidelines for immigrants that are victims of domestic abuse, specifically if
the right to reside in Ireland is dependent on the abuser. The guidelines
contain information on how to “obtain immigration status independent of their
relationship with the perpetrator.” These guidelines are important for someone
who is here on a family visa, or because of EU Treaty Rights, where their
permission to reside is dependent on their partner’s immigration status, their
citizenship of the EU, or their status as a worker. The person suffering the
abuse might be frightened to seek a safer situation, and leave the abusive
relationship, because they might be afraid that their permission to stay will
be revoked. The majority of those affected are women, and these women should
know that they have clear options for staying in the state while leaving the
abusive relationship.
The INIS report is “aimed at explaining how a
victim of domestic violence whose relationship has broken down can apply for
independent immigration permission in his/her own right.” The guidelines then
specifically define domestic violence, and then clearly state that “you do not
have to remain in an abusive relationship in order to preserve your entitlement
to remain in Ireland.” Applications must be made from within the state, and the
applicant must have a current, valid immigration status. In the application,
the applicant must state out the circumstances of the abuse, whether or not the
family home has been broken up, and any supporting evidence possible, including
a Protection Order from the Courts, a Garda report, and medical records.
Generally, the applicant will retain the same immigration status they held
previously, a stamp 3. However, stamp 3 does not enable a person to work, so if
it becomes necessary for the applicant to work to provide for herself and any
dependent family members, special consideration will be given.
Brian Killoran, of the ICI, has called for INIS
to ensure that these women will be granted unrestricted access to the labour
market and emergency support. There are a few other issues with the guidelines,
as it is not clear exactly what status will be given, since the applicant is no
longer dependent on their abusive partner. However, the guidelines do contain
helpful information for victims of domestic violence. They are in an extremely
vulnerable position, and it is crucial for them to be aware of the fact that
they can leave their abusive relationship and still retain permission to reside
in Ireland.
Brophy Solicitors
23.08.12
I liked the post very much. Awesome article to read. I have been seeking this type of knowledge for a long time and by posting this article you have made my work so much easier. Thanks.
ReplyDeleteImmigration Lawyers
Excellent Good post and I liked your post. Awesome article to read. Thanks for sharing.
ReplyDelete