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What is domestic abuse?
Domestic abuse is any form of controlling, coercive, threatening or violent behaviour within an intimate or family relationship. It can happen to anyone, regardless of immigration status, nationality, gender or background.
Abuse is not limited to physical violence. It can include emotional, psychological, sexual and financial abuse. It may also involve threats relating to your immigration status or your right to remain in Ireland.
If you are experiencing abuse, support is available. Your immigration status should not prevent you from seeking help. In an emergency, always call the Gardaí on 999 or 112.
Immigration Status and Domestic Abuse
Many migrants and refugees remain in abusive situations because they fear losing their immigration status. It is important to know that there may be options available to you.
Your rights and options depend on your individual circumstances.
If Your Permission Is Dependent on Your Partner
Do not assume that leaving an abusive relationship automatically means you will lose your right to remain.
If your immigration permission is based on your spouse or partner, and the relationship breaks down due to domestic abuse, you may be able to apply for independent immigration permission.
In some cases, the Department of Justice can grant permission in your own right where there is evidence of domestic violence. Their guidance note is available here.
It is important to seek support as early as possible to understand what documentation is required and how to apply. Our immigration helpline can assist you with information about your immigration status or signpost you to another organisation in your area who will be able to help. We have assisted many men and women in abusive relationships to secure their own immigration status.
Specialist support agencies can support you with information about domestic violence orders, counselling, safety plans and refuge accommodation.
Contact details for specialist support organisations are available in the sidebar.
Free legal aid to apply for a domestic violence order may be available. You can learn more about the Legal Aid Board here.
If You Are Undocumented
If you do not currently have a current immigration permission, you can still seek protection and support. The Gardaí and domestic violence services do not require lawful status in order to provide assistance.
However, your immigration situation may need to be addressed separately.
You have the right to:
- Contact An Garda Síochána
- Access emergency medical care
- Seek domestic violence orders through the courts
- Access domestic violence support services
How to apply for an independent immigration permission
We recommend you seek advice or support before applying. However, the following outlines the general process. To apply for independent status, you can contact the Immigration Service Delivery Unit through their Customer Service portal or you can write a letter to:
Domestic Residence & Permissions Division
Immigration Service Delivery
Department of Justice
13–14 Burgh Quay
Dublin 2
D02 XK70
Correspondence and Safe Address
If it is not safe for correspondence to be sent to your home address, you can request that Immigration Service Delivery send correspondence to an alternative address.
The Immigration Service Delivery may write back to you with some questions or requests for more documents. You must clearly indicate the address you wish to use for correspondence. Immigration Service Delivery will use only the address agreed with you.
This is particularly important if you remain in the same residence as the abusive partner or if you have concerns about privacy.
What to Include in Your Application
Your application should be made in writing and include:
• A cover letter explaining your circumstances
• Evidence of the domestic abuse, where available. Examples include - letter from GP, letter from a domestic violence support service, letter from a social worker, report from the Gardaí, refuge/ shelter etc, a hospital report, photographs of any injuries sustained or copies of any court orders issued.
• Copies of your current or most recent passport and your IRP card (if available)
• Details of any dependent children living with you (please specify if they have Irish or EU citizenship)
• Information about your family circumstances
• Confirmation of whether you or the perpetrator has left the family home
