Statistics on Immigration/Settlement by Claiming Domestic Violence

Summary

A request was made for statistics on family visas, domestic violence complaints, and settlement applications based on domestic violence claims in the Isle of Man from 2016 to present. The Cabinet Office responded that some information was sent, but not all requested data was held by the authority.

Key Facts

• The request covered data from 1 January 2016 to the present date.
• The authority clarified that multiple immigration routes exist for spouses and partners.
• The request specifically targeted spouse/partner visas rather than children.
• The outcome was classified as 'Some information sent but not all held'.
• The response was issued on 2 March 2022 following a clarification request on 18 January 2022.

Data Disclosed

• 2016-01-01
• 2021-12-29
• 2022-01-18
• 2022-03-02
• 2164349
• 5 pages
• 1 document

Original Request

I wish to make a Freedom of Information request for the the following datasets for the period commencing 1 January 2016 to Present. I require these on a monthly basis or quarterly if monthly data is not available. 1. Total number of family/spouse visas granted by The Isle of Man 2. Total number of family/spouse visa holders from the UK/Common Travel Area registering as resident on The Isle of Man (let's define this as those who register for IOM tax). 3. Total number of domestic violence complaints received by Isle of Man Constabulary 4. Total number of domestic violence complaints received by Isle of Man Constabulary relating to persons holding a family or spouse visa. 5. Total number of SET(DV) Settlement Applications received by the Immigration Office 6. Total number of SET(DV) Settlement Applications approved by the Immigration Office (to calculate % approval rate). 7. Total number of SET(DV) Settlement Applications reported as or believed by the Immigration Office to be fraudulent (if recorded). 8. Total number of decisions to revoke or to not renew visas by The Isle of Man Government 9. Total number of enforcement actions taken by The Isle of Man Government (and/or with the assistance of the UK Border Force and/or other Common Travel Area government agencies) to deport or otherwise remove individuals whose immigration status has expired. We write further to your request which was received on 29 December 2021 to ask you for clarification on points 1 & 2 below. " I wish to make a Freedom of Information request for the the following datasets for the period commencing 1 January 2016 to Present. I require these on a monthly basis or quarterly if monthly data is not available. 1. Total number of family/spouse visas granted by The Isle of Man 2. Total number of family/spouse visa holders from the UK/Common Travel Area registering as resident on The Isle of Man (let's define this as those who register for IOM tax). In order to identify and locate the exact information that you require we need some further information from you. In particular, it would be helpful to know: There are a number of immigration routes which provide for spouses, partners and or children to join the main visa holder. Please specify the visa categories you wish to receive this information on so we can consider further your request. To give a little clarity to the enquiry: my concern relates to provisions in UK law that have parallels on the IOM that allow spouses/partners to claim domestic violence as a route to accelerating their way to Indefinite Leave to Remain (ILR) when they would otherwise lose their immigration status at the end of a relationship. Clearly this legislation was put in place to protect genuine victims of domestic violence. However it creates something of a perverse incentive for those who were not subjected to such abuse to make false claims of abuse in order to get immigration status. At present there appear to be very few safeguards to examine cases especially where there are 'last minute' accusations of domestic violence. I am therefore seeking clarity on spouse/partner visa not children as I think the risk of false accusations will most likely come from spouses/partners. Clearly there needs to be a balance in legislation to protect genuine victims but there also need to be protections to safeguard those who face false accusations by those with a clear self-serving motive.

Data Tables (3)

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co

Our ref: 2164349 2 March 2022

Dear ###

We write further to your request which was received on 29 December 2021 and which states:

"I wish to make a Freedom of Information request for the the [sic]
following datasets for the period commencing 1 January 2016 to Present. I require these on a monthly basis or quarterly if monthly data is not available. 1. Total number of family/spouse visas granted by The Isle of Man 2. Total number of family/spouse visa holders from the UK/Common Travel Area registering as resident on The Isle of Man (let's define this as those who register for IOM tax). 3. Total number of domestic violence complaints received by Isle of Man Constabulary 4. Total number of domestic violence complaints received by Isle of Man Constabulary relating to persons holding a family or spouse visa. 5. Total number of SET(DV) Settlement Applications received by the Immigration Office 6. Total number of SET(DV) Settlement Applications approved by the Immigration Office (to calculate % approval rate). 7. Total number of SET(DV) Settlement Applications reported as or believed by the Immigration Office to be fraudulent (if recorded). 8. Total number of decisions to revoke or to not renew visas by The Isle of Man Government 9. Total number of enforcement actions taken by The Isle of Man Government (and/or with the assistance of the UK Border Force and/or other Common Travel Area government agencies) to deport or otherwise remove individuals whose immigration status has expired. We wrote to you on 18 January 2022 and asked you to clarify your request: “We write further to your request which was received on 29 December 2021 to ask you for clarification on points 1 & 2 below. "I wish to make a Freedom of Information request for the the [sic] following datasets for the period commencing 1 January 2016 to Present. I require these on a monthly basis or quarterly if monthly data is not available.

1. Total number of family/spouse visas granted by The Isle of Man
2. Total number of family/spouse visa holders from the UK/Common Travel Area registering as resident on The Isle of Man (let's define this as those who register for IOM tax).” In order to identify and locate the exact information that you require we need some further information from you. In particular, it would be helpful to know: There are a number of immigration routes which provide for spouses, partners and or children to join the main visa holder. Please specify the visa categories you wish to receive this information on so we can consider further your request.” On 10 February 2022, you provided clarification as follows: “To give a little clarity to the enquiry: my concern relates to provisions in UK law that have parallels on the IOM that allow spouses/partners to claim domestic violence as a route to accelerating their way to Indefinite Leave to Remain (ILR) when they would otherwise lose their immigration status at the end of a relationship. Clearly this legislation was put in place to protect genuine victims of domestic violence. However it creates something of a perverse incentive for those who were not subjected to such abuse to make false claims of abuse in order to get immigration status. At present there appear to be very few safeguards to examine cases especially where there are 'last minute' accusations of domestic violence. I am therefore seeking clarity on spouse/partner visa not children as I think the risk of false accusations will most likely come from spouses/partners. Clearly there needs to be a balance in legislation to protect genuine victims but there also need to be protections to safeguard those who face false accusations by those with a clear self-serving motive."

Our response is to your request is as follows: Whilst our aim is to provide information whenever possible, in this instance, complying with your full request for information would require the Cabinet Office to undertake substantial compilation or collation of information that it holds which Cabinet Office is not required to do under the Freedom of Information Act, Section 8(3). However, we have provided the information we are able to supply below. In relation to question 1, prior to 2018, the Isle of Man Immigration Service did not record such data in a form that made it readily accessible and able to be interrogated to the level required in your request. To compile an answer would involve substantial analysis of historic data and some in paper form. We are therefore unable to provide the information to the level and for all the years you have requested. Certain high level immigration information has been reported in the annual Isle of Man in Numbers report since 2017. As the reporting mechanism for the Immigration Service has been improved over the years, so has our ability to report more granular information as can be seen with the more detailed information for 2020 shown in the Isle of Man in Numbers reports for 2021.

The volumes of immigration applications made by adults who are dependent on their spouse or partner for their immigration status for 2019 and 2020 are shown in the respective tables below.
Summary of dependant applications received by immigration route 2019 Immigration Route Entry Clearance Further Leave to Remain Total Routes to Settlement 45 69 114 Tier 1 Entrepreneur (Adult Dependent) 7 1 8 Worker (ICT) Migrant - Adult Dependent 2 3 5 Worker Migrant - Adult Dependant 38 27 65 Totals 92 100 192 Summary of dependant applications received by immigration route 2020 Immigration Route Entry Clearance Further Leave to Remain Indefinite Leave to Remain Total Spouse Settlement 16 52 27 95 Tier 1 Entrepreneur (Adult Dependent) 35 2 1 38 Tier 1 Investor - Adult Dependant 0 0 0 0 Worker (ICT) Migrant - Adult Dependent 5 1 0 6 Worker Migrant - Adult Dependant 44 23 7 74 Totals 100 78 35 213 The Isle of Man Immigration Rules are made by the Minister for the Cabinet Office and outline the practice to be followed in the administration of the Immigration Acts as extended to the Isle of Man for regulating the entry into and the stay of persons in the Isle of Man. Whilst not identical to the United Kingdom (UK) Immigration Rules, the Isle of Man Immigration Rules are based on the UK Rules and are very similar. However, they are not identical and there are some provisions within the UK Rules that do not apply here and some in the Isle of Man Immigration Rules that do not apply in the UK. Section DVILR of the Isle of Man Immigration rules, set out the requirements that are to be met in order for an individual to qualify for indefinite leave to remain in the Isle of Man as a victim of domestic violence. The latest immigration rules can be found online here: https://www.gov.im/categories/travel-traffic-and- motoring/immigration/immigration-rules-and-associated-policy/#accordion. The UK

Home Office produces guidance which sets out how applications from people who claim to have been victims of domestic violence or abuse are considered. You can find the guidance online here:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachm ent_data/file/1036187/Victims_of_domestic_violence.pdf 3. Total number of domestic violence complaints received by Isle of Man Constabulary 4. Total number of domestic violence complaints received by Isle of Man Constabulary relating to persons holding a family or spouse visa. The Cabinet Office does not hold the information that you have requested. However, you may wish to submit your request to the Isle of Man Constabulary who may be able to help you. For further information please contact the Information Governance Manager at: Isle of Man Constabulary Dukes Avenue Douglas Isle of Man IM2 4RG Telephone: 631394 5. Total number of SET(DV) Settlement Applications received by the Immigration Office 6. Total number of SET(DV) Settlement Applications approved by the Immigration Office (to calculate % approval rate). 7. Total number of SET(DV) Settlement Applications reported as or believed by the Immigration Office to be fraudulent (if recorded). The Cabinet Office does not hold the information that you have requested. Whilst a specific SET(DV) Settlement Application form may be submitted, the Immigration Service would record it as a settlement application on its database, not that the application was made as a result of domestic violence. 8. Total number of decisions to revoke or to not renew visas by The Isle of Man Government 9. Total number of enforcement actions taken by The Isle of Man Government (and/or with the assistance of the UK Border Force and/or other Common Travel Area government agencies) to deport or otherwise remove individuals whose immigration status has expired." The Isle of Man Immigration Service do not hold the number of enforcement actions taken, or the number of revoked visas issued by the Isle of Man Government in a form that is readily reportable. Compilation of an answer would involve substantial interrogation and analysis of historic data with some in paper form and under section 8(3) of the Act the Cabinet Office are not required to do this. However, certain enforcement action has been historically been reported in The Passport, Immigration and Nationality Services Annual Report. Please find attached the Annual Reports

covering the period April 2016 - March 2017 and April 2017 to March 2018. These reports are also available to the public from the Tynwald Library, Clerk of Tynwald’s Office. The Clerk of Tynwald’s Office can be contacted at enquiries@tynwald.org.im or 685500. Please quote the reference number 2164349 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date.

Yours sincerely