(THIS ARTICLE IS MACHINE TRANSLATED by Google from Norwegian)
In May last year, Ny Tid told about Zufan who came to Norway after being granted family reunification in 2010. In the years that followed, she was severely and systematically abused by her husband, before she finally managed to break up the marriage in 2013. She applied for a residence permit on independent basis after the breach. The application was in accordance with the so-called abuse provision (Immigration Act § 53 first paragraph letter b), which is to ensure that persons who are abused in cohabitation do not have to stay in the relationship for fear of losing their residence permit in Norway.
For Zufan, however, it should not work this way. Since her husband lost his job after coming to Norway, and thus did not meet the income basis for family reunification, the case of the abused woman was not dealt with in reality until her basis of residence was deleted.
Just before Christmas, the final rejection came from the Immigration Board, with a departure date of 1. January this year.
"I struggle with growing depression, and I dare not go out at all anymore for fear of meeting my ex-husband or the police. I have been inside ever since I was rejected before Christmas, "says Zufan when Ny Tid meets her. She is in her mid-40s, speaks softly and keeps her eyes fixed on the table in front of her, clearly marked by the situation. The voice trembles. The name we use in this article is not the woman's real name. She has already received threats from her husband's family in Ethiopia because she divorced.
"I'm afraid of the authorities in Ethiopia. Here in Norway I have been in contact with an Ethiopian opposition party. If the Ethiopian authorities know this, I end up in prison. I have no guarantees if I need to return. I have no family there, and no friends. No one can help me. Before I went to Norway, I sold all my things, so I have no money either, ”says Zufan.
Since leaving the man in 2013, she has lived with a friend who also provides for her financially. She goes to a weekly treatment at a paperless health center. Both a physician and a psychologist have concluded that she suffers from severe anxiety and depression, which also causes somatic effects.
“My husband abused me, but because he became unemployed, I can't stay. I feel I have been treated very poorly. It has all taken a very long time, and my case has never been dealt with, ”says Zufan.
Not defined as violence. Head of the Crisis Center Secretariat in Norway Tove Smaadahl says that she has never heard of a case like this before. "I have never encountered anything like this, it is a very strange case. The strange thing is that her application is not processed in reality, especially when she applies for residence on the basis of a provision that is to protect women from abuse, »says Smaadahl to Ny Tid. According to figures from the UDI, 92 women applied for residence on the basis of the abuse provision last year. Of those who applied, 35 people were rejected, while 57 people were granted the application. A total of six men applied for residence on the basis of the same provision, one of them was granted residence. Between 2010 and 2014, 509 applied for residence in Norway on this basis. 253 people were rejected.
Smaadahl says that many of the women who leave their husbands due to abuse after family reunification visit Norwegian crisis centers. Her experience is that the threshold is high for being granted residence on an independent basis. "These are cases that are treated at discretion. That is why it is so incredibly important that shelters, lawyers and the woman herself document the abuse, "Smaadahl emphasizes. "Our experience is that many are rejected because the UDI has a high threshold for considering what is going on as violence. Once is not enough. There must be talk of systematic abuse over time, "says Smaadahl.
The so-called three-year rule in Norwegian immigration legislation means that spouses and cohabitants who come to Norway for family reunification will not be granted residence on an independent basis until after three years. Before three years have elapsed, they only receive a temporary residence permit, which is renewed every year, provided that the basis on which the permit was granted still remains. On 15 May last year, the consultation deadline expired for the Government's proposal to change the residence requirement for a permanent residence permit in Norway from three to five years. The proposal has received criticism from several organizations that work with immigration and asylum issues. Smaadahl tells Ny Tid that the three-year rule gives the spouse who basically lives in Norway too much power: "One year would have been better. We have fought to remove the three-year rule, and it should certainly not be increased, as the current government has proposed. With this rule, the party who is in Norway sits first – who in most cases is the man – with a lot of power, "she says. "Gender equality in the home is as important as gender equality elsewhere in society. Due to the state's guidelines, many people remain in violent relationships until three years have passed. The state must open its eyes to the fact that the guidelines they lay down lead to the power relations in these conditions being extremely skewed. This is a bias that is not worthy of an equal society, "says Smaadahl.
Unsustainable in Ethiopia. «As a divorced woman, Zufan will have minimal chances of getting a job, remarrying and generally supporting himself. On a general basis, we know that many women who cannot support themselves in Ethiopia end up in prostitution. There is also a real risk that the ex-husband's family will create problems for her, "says Georg Schjerven Hansen in the organization Self-help for immigrants and refugees (SEIF) to Ny Tid.
On 29 December, the Government submitted 40 proposals for amendments to laws and regulations to tighten immigration policy. This included the proposal to increase the period of residence from three to five years in order to be able to apply for a permanent residence permit on one's own basis. "It is obvious that many abused people do not apply for a permit on an independent basis. Many do not know the rule, and many do not dare to break out of a violent cohabitation. And for the few who dare, the threshold for being granted residence is high, "says Schjerven Hansen. He points out that increasing the residence requirement for permanent residence from three to five years will lead to more women and children having to remain in abusive relationships because the woman becomes dependent on the man for a longer period of time. "In Zufan's case, it is particularly scary that the immigration authorities use formalities as an excuse not to even decide whether she has experienced abuse in the relationship," says Schjerven Hansen. "The purpose of the provision was to provide legal protection against abuse, and it should have nothing to do with the man's income. Instead, we see that the immigration authorities are constantly finding new ways to refuse. "
"Because of the state's guidelines, many people remain in violent relationships." – Tove Smaadahl
Have understanding. "Of course we understand that this woman is in a very difficult situation. Nevertheless, we in the UDI must comply with the regulations that are politically determined – and the regulations do not provide a basis for granting permission in a case like this, "says senior adviser to the UDI Rolf Henry Anthonisen. "Zufan has previously had a family immigration permit, but the permit was withdrawn when it turned out that the husband no longer met the income requirement. One of the conditions for obtaining a permit under the abuse provision is that you already have a valid residence permit in Norway. As the applicant no longer had a residence permit in Norway, there is a key condition in the provision that has not been met, "says Anthonisen. He points out that this is a special case, but believes that there may be individual cases that can be compared to this.
Do you think that cases like this can lead to people who have come to Norway for family reunification being reluctant to break out of violent marriages?
«An important purpose of the abuse provision is precisely that a spouse who is abused in the cohabitation, should not feel compelled to remain until a permanent residence permit is within reach. However, this purpose does not apply in this case, since the permit would in any case have been revoked if she had chosen to remain in the marriage. "
Zufan has suffered severe mental and physical ailments as a result of the abuse. She also goes on medication for this. Do you have examples of medical conditions that actually qualify for residency?
"The threshold for medical conditions to qualify for residence is very high. The starting point is that the applicant must have an acute and life-threatening illness for which he or she cannot receive treatment in the home country, "says Anthonisen.
