The Domestic Violence Act 2018 went into effect on Tuesday, as we went to press and provides new protections for victims of "coercive control," a type of emotional and psychological abuse aimed at stripping a person of their self-worth and agency.
Rhubarb was eight months pregnant when she first came to the UK under spousal visa from Pakistan back in 2009. Two weeks into the UK and the girlfriends, alcohol, and drugs came out of the closet. Rhubarb now lives in the UK with her 9-year-old daughter under article 289A which allows her the right to remain in the country for an indefinite period as a victim of domestic violence.
In the wake of the forced marriage fiasco, a decade later, organisations are still calling on the government to protect migrant women experiencing domestic abuse. Why? How is the government's hostile environment policy being used by abusers?
"I didn't realise I was mentally tortured”
“My mother-in-law told me that this is how everybody stays here and I knew nothing about my rights then neither did I realise then that I was mentally tortured” Rhubarb shudders remembering the time when after giving birth to their daughter he didn't even come to visit them in the hospital.
During the last month of her pregnancy, Rhubarb was pushed down the bed, mentally tortured into doing domestic chores and had not spoken to her parents ever since arriving in the UK.
“The phone calls were so expensive in those days that it was not feasible to speak every day but the times when my parents used to call, my mother-in-law used to speak to them and dismiss it and there were times when she used to take away the phone cables with her when I was alone at home” Rhubarb reveals how she was practically jailed into her house and never had any money or means to escape the enslaved marriage or seek outside help.
Until 2010 when her husband tricked her into going back to Pakistan. She wasn't aware of her rights or the spousal visa conditions which stated that she could not stay out of the country for more than six months. However, with the help of Apna Haq, Rhubarb managed to come back to the UK with her British-born daughter and with the NGO's legal support not only acquired the right to stay in the UK under 289A but also divorced from her husband.
Nearly 170 women stayed in an abusive relationship
But ever since the introduction of the hostile environment policy, which monitors immigration control research has shown that it has resulted in police officers acting as immigration officers and sharing sensitive information of victims of crime with the Home Office.
Professor Cathy McIlwaine and Dr. Yara Evans undertook a study at King's College London which has gathered evidence of the difficulties and barriers migrant women who are victims of domestic violence, face when they seek justice and support. The study found migrant women came to the UK via perfectly legal means, but because their immigration status depends on their partner, this can be used as a tool of coercion by perpetrators of abuse.
Another survey by Imkaan, an organisation dedicated to addressing violence against black and minority ethnic (BAME) women, analysed how the immigration status of migrant women is used as a means of control. According to this study, 40% of 183 women stayed in an abusive relationship for more than five years out of fear of deportation, and 92% of these women reported threats of deportation from the perpetrator.
30% refusal rate for applications under 289A
Speaking on the condition of anonymity, a volunteer working for the cause of domestic violence at one of the national charities in the UK, said how they have dealt with women of South Asian origins who escaped forced marriages and instead have been trafficked to the UK.
“Manmeet* ran away from her family and came to the UK with her boyfriend who had arranged for her visas. Later he sexually abused her and had planned to sell her off to an older man!” the volunteer revealed.
Manmeet had escaped once again and was approached the police who referred her to the charity which provided her accommodation at a refuge. Aside from mental and emotional support, the charity supported her legal application and made her trust that the Home Office would take her story into consideration.
However, upon making an application for her stay, the Home Office revealed how there was already a Visa application that was made on behalf of her by Manmeet's boyfriend. Her story was not accepted and she was later detained by the Home Office who said they would deport her to India where they would put her in touch with some NGO with which she can stay. The volunteer lost contact with Manmeet following her detention and to date, she doesn't know about her well-being.
“I remember when we had found her, she was so embarrassed and frightened she wouldn't even be able to look at me in the eye...eventually after counselling she had trusted me.
And I remember telling her that these [Home Office] are the people who will help you out...and till date, there is this guilt within me that she was in a way betrayed?” the volunteer confided.
According to a freedom of information (FoI) requested by the Guardian showed how the refusal rate for applications under the domestic violence rule rose from 12% in 2012 to 30% in 2016. The figures show that 1,325 people were refused out of a total of 5,820 applications made between 2012 and 2016.
While the refusal rate may seem insensitive to many, Home Office seem to have their own reasons. Out of the many, the dominant reason seems to be the “allegations of the misuse of the law” as one of the sources who wished to stay anonymous revealed. There are often case studies where the police release these husbands/wives accused of abusing their wives on the grounds of lack of physical evidence and explain how it is difficult to make arrests based on just here-say.
“One can never be judgmental about the incidents that one has had to face. But there are times when some women allegedly followed textbook methods to falsely claim that they are domestic violence victims to obtain the right to indefinite leave in the UK” the source disclosed.
However, there is no way of differentiating whether it is a genuine case or not. But whatever, be the case, the job of these charities, NGOs and legal aid providers is to take into consideration the experiences of these victims and help them in the best way that they can and leave the decision to the Home Office.
Life is what you make of it
Andrea Aviet is a campaigner against domestic abuse who was recently honoured with the BEM at the Queen's New Year's Honour list. As a victim of domestic violence herself, she has narrated her own struggles of starvation, rape and being trapped into an abusive marriage in her book White Sorrow which was self-funded and self-published.
“If I can do something then so can you and you don't need to be frightened about anything and anyone,” she said talking about how she has two children, from her abusive husband, who fuel her passion in her fight against this practice because she wouldn't want them to go through the same.
Andrea has helped raise funds through food banks and contributions from the sales of her books. She is intent on working with a charity to support many like her and her one message to all victims out there-
“Life is what you make it.”
But domestic violence encompasses horrific crimes of domestic servitude, marital rape, forced marriage, and even honour-based violence.
Muslim Women's Network UK helpline saved 1700 women
Faeeza Vaid, from Birmingham, who received this helped set up the Muslim Women's Network UK (MWN) helpline four years ago. It has helped more than 1,700 women escape such problems and the charity's helpline supported almost 800 women in 2017, the majority of whom called about domestic abuse. "The top issues Muslim women face are the same for other women," she said.
"Muslim women may face additional barriers and are less likely to report things - shame and honour is a big factor," said Faeeza in her interview to the BBC.
The director of the charity has recently appointed an MBE in the Queen's New Year Honours. Domestic violence can be a daunting experience for anyone. But conditions for migrant women like Rhubarb seem to be all the more difficult. Although, she has attained the right to live in the UK now and she volunteers for Apna Haq but the difficulty remains in having enough financial access to take care of her 9-year-old daughter who is unaware about her mother's broken marriage.
Rhubarb who is unable to work permanent hours for the lack of knowing anyone who she can leave her daughter with lives in constant fear about social workers taking her child away if she doesn't have enough money to sustain. Other migrant victims who are seeking refugee with these charities seem to have hurdles of their own which unfortunately article 289A does not help with, especially with how the government has cut down on the funding to these NGO's making it difficult for them to have permanent aid-workers who support victims of domestic violence.
