Domestic Violence – Independent Status

***If you are in immediate danger contact the Gardaí or dial 999***

Various helplines and support organisations are listed below.

Supports for Victims of Domestic Violence

Migrants who are victims of domestic violence and abuse do not have to remain with their abuser in order to maintain their immigration status.  ISD has made clear that “ No one should have to suffer domestic violence” and it is a matter that is taken seriously by the authorities. victims to such abuse may feel very vulnerable in that the person committing domestic violence may threaten that “if you report this you will lose your immigration status”. This will never be the case. Domestic violence should always be reported and you do not have to remain in an abusive relationship in order to protect your entitlement to remain in Ireland”.

 

Independent Status

Each individuals case is different and immigration entitlements may vary. It is important to speak with an immigration solicitor or registered NGO to discuss your case.

For those with an immigration permission which is dependent on another individual, they may be able to apply for independent status. Dependent permissions to remain in the state, and “dependent” immigration statuses, are those permissions granted by the ISD to non-EEA nationals, on the basis of their marriage to, or relationship with someone else. Examples include:

• Spouses of work permit holders
• De-facto partners of Irish nationals (same-sex or opposite-sex couples)
• Spouses/civil partners of Irish nationals
• Family members of refugees who are here on Family Reunification
• Spouses of EEA nationals who have been granted residence in the State on the basis of Directive 2004/38EC
• Stamp 3 holders

 

Dependent spouses and partners, like all legal residents of the state, are issued with a Certificate of Registration (otherwise known as a “GNIB card”), by the Garda National Immigration Bureau.

How to apply? 

Applications must be made from inside the State. The person making the application should have some form of current immigration status as the dependent of an Irish national or of a foreign national who has received permission to live in Ireland. If their immigration status has lapsed or never registered, an application can still be made but as part of the application, it must be clearly stated as to why permission was not renewed.

What documents need to be submitted?

 The application should be made in writing, either through a solicitor or by the person concerned. The application must outline the details of the domestic violence suffered and make a request for an independent immigration status. Any relevant family circumstances, especially whether or not there are any children involved, should be disclosed. This also includes information on whether the applicant or the perpetrator has left the family home. It is necessary to supply as much information as possible in support of your claim that you are a victim of domestic violence. Such documents include (original documents required):

• Protection Order, Safety Order or Barring Order from the Courts
• Medical reports indicating injuries consistent with domestic violence. Details of doctor and dates of consultation should be supplied
• A Garda report of incidents of domestic violence
• A letter from a State body (such as the Health Service Executive) indicating that it is dealing with your case as an issue of domestic violence
• A letter of support from a domestic violence support organisation.
• Any other evidence indicating that you are the victim of domestic violence. If there are children involved in the relationship, details of access and maintenance agreements (either formally agreed through the Family Court or informally arranged) should also be included.
• There is no application fee.
• Other information or documentation may be requested

 

You should make your application in writing to:

Unit 2 Domestic Residence and Permissions Division
Immigration Service Delivery
Department of Justice
13-14 Burgh Quay
Dublin 2 D02 XK70
Ireland

There is no application fee however, in the event of the application being successful the standard immigration registration fee of €300 will apply.

Perpetrators of Domestic Violence

One of the standard conditions of a foreign national’s immigration permission is that the holder shall be of good character – engaging in domestic violence is regarded as breaching this condition. This could lead to revocation or non-renewal of the of the perpetrator’s own immigration status.

 

Useful Contacts

 

Women’s Aid National Freephone Helpline

The Helpline can organise an interpreter in your language and can provide information on support services throughout Ireland:

Tel: 1800 341 900
www.womensaid.ie

Adapt Domestic Abuse Refuge
ADAPT house, Rosbrien, Limerick
061 412 354
www.adaptservices.ie

Clare Haven Services
Clare Haven Refuge, Abbey Lodge, Limerick Road, Ennis, Co. Clare
065-6822435
www.clarehaven.ie

Sonas Housing
14, Bachelors Walk, Dublin 1
Tel: 01-8720068
Email:info@sonashousing.ie
www.sonashousing.ie

Longford Women’s Link
Willow House, Ardnacassa Avenue, Longford, Ireland
Tel: 043 3341511
Email: info@longfordwomenslink.org
www.longfordwomenslink.org

Cosc – National Office for the Prevention of Domestic, Sexual and Gender based Violence
www.cosc.ie

Akidwa
Unit 2 Killarney Court, Buckingham Street Dublin 1, Ireland
Tel: 01 834 9851
Email: info@akidwa.ie
www.akidwa.ie

Domestic Violence Advocacy Service
Tel: 071-9141515

Men’s Aid Helpline
Information and support for men
Tel: 046 902 3718
www.mensaid.ie

Immigrant Council of Ireland Helpline
Tel: 01 674 0200
www.immigrantcouncil.ie

Garda National Immigration Bureau
13/14 Burgh Quay, Dublin 2
Tel: 01 666 9130
Email: gnib_dv@garda.ie