The domestic violence concession was introduced on 16 June 1999 in an effort to help foreign spouses or unmarried partners who wish to leave their partner because of domestic violence before completion of the probationary period. It was introduced subject to review after a two-year period.

Under the terms of the concession a person would be allowed to settle in the UK, provided they meet certain criteria, even though they are no longer living with their sponsor. The criteria require that the domestic violence must have occurred while the marriage or relationship was subsisting and the applicant should provide evidence of the violence in the form of:

an injunction, non-molestation order or other protection order made against the sponsor (other than an ex-parte or interim order);

a relevant court conviction against the sponsor;

full details of a relevant police caution issued against the sponsor.

As a result of our review and representations received, the Government has decided that the types of evidence acceptable to meet the terms of the concession should be widened. If evidence in some form of court order or police caution is not available, we will accept more than one form of evidence from the following list:

a medical report from a hospital doctor confirming that the applicant has injuries consistent with being the victim of domestic violence;

a letter from a family practitioner who has examined the applicant and is satisfied that the applicant has injuries consistent with being the victim of domestic violence;

an undertaking given to a court that the perpetrator of the violence will not approach the applicant who is the victim of the violence;

a police report confirming attendance at the home of the applicant as a result of a domestic violence incident;

a letter from a social services department confirming its involvement in connection with domestic violence;

a letter of support or report from a women's refuge.

The domestic violence concession will be incorporated into the Immigration Rules to be laid today. This will ensure that domestic violence cases attract a right of appeal and that the facts of the case leading to the decision can be considered by the Appellate Authorities.

Hansard Tuesday 26th November 2002