A non-EEA mother of 2 children deserted by an EEA national

mickyd · Post by **mickyd** » Wed Jan 02, 2008 4:09 pm

Hello, I'm new here. Please forgive me if I am asking a question that has been answered before.

I am trying to help a woman whom I employ as my personal carer due to my severe disability. As I am unable to get out and about, I'm trying to see if I can help her by finding help on the internet so I am typing this in the hope that some kind fellow here can help us out.

OK she is a non-EEA national who moved to Britain in February 2004 with her husband. Her husband has a European nationality (German) and came here on work permit as an EEA national and brought his wife over as a non-EEA national. She is now a mother of his two 2 kids -- a 2 yr old and an 11 month old baby -- both born here in Britain.

Their relationship went sour when she was 6 months pregnant with her 2nd child. He was very abusive to her and on some occasions he physically beat her up and kicked her out of their home to punish her. She was petrified to tell anyone as he always threatened her he would dump her if she did so. She eventually managed to get help from the social services who then informed the police but by then her husband had left the country.

He destroyed her own non-European passport and took their eldest kid's passport with him -- a German passport. He is refusing to give the child's passport to her.

Basically, she has been dumped here with her two kids and she is petrified to go back to her country because her husband who is also a national of that country sworn that he would snatch her kids there. The laws in that country favour the father rather than the mother.

She has had no contact with him and she wants to divorce him.

For the past 17 months, she has gone through hell. The local authority has ceased to give her any help and have also stopped her kids' child benefits. Her landlord is anxious to get her out of her home. The only income she now has is the money I am paying her to help me in my house. She has been working for me since the beginning of November. She works 21 hours a week for me.

I have had a chat with her and I really want to help her. She has two adorable kids that I allow her to bring with her when she comes to help me.

I would really appreciate it if anyone could help us out in any way with any tips etc as to how she can be helped. She always tells me she doesn't care about her self but the only thing that worries her most is about her kids. She fears she may lose them. Many thanks.

Micky

brownbonno · Post by **brownbonno** » Wed Jan 02, 2008 5:55 pm

I am sure there will be some help for her based on the extract below from the EEA immigration regulation 2006.She should contact a solicitor or the CAB for help.

â€œFamily member who has retained the right of residenceâ€

VictoriaS · Post by **VictoriaS** » Wed Jan 02, 2008 6:58 pm

Absolutely. And she has further rights as the mother of EEA national children, and she has mitigating circumstances which will help her.

She needs legal assistance.

Victoria

Post by **JAJ** » Thu Jan 03, 2008 2:36 am

I agree entirely with Victoria that she needs legal assistance.

What is the "other" country?

She should report the father's actions regarding the child's passport to the German Embassy.

Under the Hague Convention on the Civil Aspects of Intercountry Child Abduction, the fact that the children are German citizens does not prevent them being "habitually resident" in the United Kingdom. Under international law the fact they are German does not mean that they have to go to Germany.

Children can be registered as British citizens as soon as mother gets ILR (or a right of Permanent Residence under the EEA immigration rules), or alternatively as soon as they reach age 10 (if still living in the U.K.).

thirdwave · Post by **thirdwave** » Thu Jan 03, 2008 12:15 pm

JAJ wrote:I agree entirely with Victoria that she needs legal assistance.

What is the "other" country?

She should report the father's actions regarding the child's passport to the German Embassy.

Under the Hague Convention on the Civil Aspects of Intercountry Child Abduction, the fact that the children are German citizens does not prevent them being "habitually resident" in the United Kingdom. Under international law the fact they are German does not mean that they have to go to Germany.

Children can be registered as British citizens as soon as mother gets ILR (or a right of Permanent Residence under the EEA immigration rules), or alternatively as soon as they reach age 10 (if still living in the U.K.).

Lemme guess..Turkey?

mickyd · Post by **mickyd** » Sat Jan 05, 2008 3:47 pm

Hello,

First of I would like to thank you all for your replies with helpful tips -- most appreciated.

She doesn't know any solicitor who deals with immigration matters. Can you recommend one to us? We live in Berkshire.

As for legal expenses, my care worker is unable to pay legal help costs as she is already struggling to manage on what I pay her, with which she has to cover living costs, bills, rent and council tax. It's only Â£160/wk. Poor girl is now trying to find a 1-bedroom shared accommodation.

She has tried to approach CAB for legal help with her case but she says they did not seem interested. Her English is very rusty so perhaps they did not understand her well.

Is there anything I could do for her by writing and phoning, etc on her behalf? All the worries are affecting her health too. She looks pale and is losing weight too.

VictoriaS · Post by **VictoriaS** » Sun Jan 06, 2008 2:49 pm

She needs to go to the CAB again - perhaps you could go with her? I'd take her case but she almost certainly qualifies for legal aid, so should persue this route.

Perhaps try the Immigration Advisory Service.

Victoria

Post by **JAJ** » Sun Jan 06, 2008 5:18 pm

VictoriaS wrote:She needs to go to the CAB again - perhaps you could go with her? I'd take her case but she almost certainly qualifies for legal aid, so should persue this route.

I'm reluctant to say good things about CAB on immigration issues, considering the anecdotal stories of horrifically bad advice others have received.

yankeegirl · Post by **yankeegirl** » Sun Jan 06, 2008 11:39 pm

I'm reluctant to say good things about CAB on immigration issues, considering the anecdotal stories of horrifically bad advice others have received.

I tend to agree with that, it seems to vary widely from place to place. I had received woefully inaccurate advice from my local CAB, but have talked to others who have gone to a different one and received great assistance.

In addition to the IAS, what about any of the Law Centres? The one in Northern Ireland at least does from time to time take on casework for more complex cases.

mickyd · Post by **mickyd** » Tue Feb 12, 2008 2:58 pm

Hello,

First I would like to update you on what has happened so far. My carer recently showed me a copy of the letter the local authority wrote to the Home Office when my carer was applying for a council home.

The Home Office wrote back to the council that my carer's husband has returned to his country permanently and that he no longer wishes to excercise the EEA status he had in Britain. Because of this, the Home Office says my carer's (his wife) status has changed and that she should immediately contact the Home Office. The IA solicitor has advised her not to contact the Home Office unless they contact her first. Is she doing the right thing? Anyway, the IA solicitor has written a letter to the local authority reminding them of the EU law regarding the EEA rights and that her housing application should not have been turned down. So my carer is waiting for local authority's response.

Also she is now petrified that if she contacts the Home Office then she is as good as gone, i.e. sent back on the next plane. She absolutely dreads this because her husband and her in-laws will then take custody of her two little girls. He has already threatened her that because she is facing difficulties right now, he could take the kids off her.

Secondly, she is in trouble with her landlord. The landlord gave her a 30 days notice to vacate the property but that was back in September. He then gave her 14 days notice to leave property, hand keys over and pay the Â£1400 in arrears or goto court. She was unable to pay rent as she barely had enough to live on. So was advised by someone from the council and Shelter to stay and hold her ground. The case has now reached the court. The court notice has been issued to her along with court fees of Â£150. She has to fill a form and send it back to the court and someone's helping her with that.

I feel I have to step in to help her.

I'm thinking what if she moved in with me to be my live-in carer, she could then get away from all the problems she has, i.e. the accommodation problem and no decent income. If she moves in as my live-in carer, she will be then be better off financially too. I am fully prepared to help her as much as I can, she and her two girls are not a problem for me at all. Do you think I am doing the right thing for her by getting her off the local authorities' back?

And finally, can she declare her self as self-employed with the Inland Revenue? Her only job is doing my care work and I would then be paying her roughly Â£1100/mo. But she would need to manage the tax issues by herself. Will the 'self-employed' status create problems for her?

Will my help affect her right to stay in Britain?

I would really appreciate any advice. Many thanks!

Micky

SYH · Post by **SYH** » Tue Feb 12, 2008 5:29 pm

mickyd wrote:Home Office says my carer's (his wife) status has changed and that she should immediately contact the Home Office. The IA solicitor has advised her not to contact the Home Office unless they contact her first.
Dont understand . The HO has in a way informed your carer to contact them. However the solicitor says no so he must have a reason better than what you just provided Anyway, the IA solicitor has written a letter to the local authority reminding them of the EU law regarding the EEA rights and that her housing application should not have been turned down. So my carer is waiting for local authority's response.
I don't see how that applies, she no longer has any EEA rights if her husband has returned to Germany. Second she has rights based on her children's status so I think you are confusing something hereAlso she is now petrified that if she contacts the Home Office then she is as good as gone, i.e. sent back on the next plane. She absolutely dreads this because her husband and her in-laws will then take custody of her two little girls. He has already threatened her that because she is facing difficulties right now, he could take the kids off her.
What country is the carer's origin and you her husband can basically stuff it, there is nothing he has on her as he is the one who ran off so just forget about him. Your story is a bit confusing. And as for tax sort that out later, I doubt she owes anything and being self employed is irrelevant. Not that it is a fun situation with the landlord but until she is evicted she should just sit tight
Secondly, she is in trouble with her landlord. The landlord gave her a 30 days notice to vacate the property but that was back in September. He then gave her 14 days notice to leave property, hand keys over and pay the Â£1400 in arrears or goto court. She was unable to pay rent as she barely had enough to live on. So was advised by someone from the council and Shelter to stay and hold her ground. The case has now reached the court. The court notice has been issued to her along with court fees of Â£150. She has to fill a form and send it back to the court and someone's helping her with that.

I feel I have to step in to help her.

I'm thinking what if she moved in with me to be my live-in carer, she could then get away from all the problems she has, i.e. the accommodation problem and no decent income. If she moves in as my live-in carer, she will be then be better off financially too. I am fully prepared to help her as much as I can, she and her two girls are not a problem for me at all. Do you think I am doing the right thing for her by getting her off the local authorities' back?

And finally, can she declare her self as self-employed with the Inland Revenue? Her only job is doing my care work and I would then be paying her roughly Â£1100/mo. But she would need to manage the tax issues by herself. Will the 'self-employed' status create problems for her?

Will my help affect her right to stay in Britain?

I would really appreciate any advice. Many thanks!

Micky

brownbonno · Post by **brownbonno** » Tue Feb 12, 2008 6:08 pm

mickyd,

I appreciate your efforts to help your carer.But its very important to take the right route/advice.
1.She have to inform the Home office of her situation(s),it will be responsible to that.That she want to remain in the UK based on the fact(a) the marriage subsist here in the Uk for over 3 years.(b)She have 2 EU kids she is taking care for and are still at school.She should be allowed to remain in the UK based on the above reasons.
2.Get a Police report and the Kids birth certificates and apply for their passport with the help of a solicitor.She can call the embassy and seek advice http://www.london.diplo.de/Vertretung/l ... seite.html
3.Her employment status can be sorted by contacting the Inland revenue for an advise.
4.You can the LSC for legal cost.see link http://www.communitylegaladvice.org.uk/ ... search.jsp

sakura · Post by **sakura** » Tue Feb 12, 2008 6:49 pm

Can you answer the following questions;

1. How long have they been married? How long were they married when they moved to the UK?
2. What is her nationality?
3. When did he return to Germany?

mickyd · Post by **mickyd** » Wed Feb 13, 2008 12:06 am

sakura wrote:Can you answer the following questions;

1. How long have they been married? How long were they married when they moved to the UK?

On paper, they have been married for 4 years now. But he has sent her a personal letter and in it he told her he was divorcing her Islamically. Basically, she is not married to him anymore, religious wise. She has started divorce proceedings through her solicitor but I don't know what is happening.

They had been married for roughly 2 months when they moved to Britain in Feb 2004. She's been here ever since and her two daughters were both born here. A 2-year old and a 1-year old.

sakura wrote: 2. What is her nationality?

She is Pakistani. Her husband is Pakistani too but apparently he is a German national.

sakura wrote: 3. When did he return to Germany?

He went back to Pakistan 18 months ago. The Home Office says he told them he had gone back to Pakistan permanently. Latest news is he has married another woman and is trying to settle down with her in Germany.

mickyd · Post by **mickyd** » Wed Mar 12, 2008 5:50 pm

Hello all,

A little update since I last posted.

I'm afraid my friend has been told to empty her flat, the court will decide by which date she has to leave her flat. The Shelter people are now involved and it looks like she will be declared homeless, so the social services people will be involved as my friend has two little children.

Will turning to social services for help affect her negatively especially when she is soon going to contact the Home Office regarding her situation (please read my previous posts for info)?

Amazingly, her ex-husband has decided to help her with her children's passports. He's completed some paperwork and submitted it to the German embassy and an appointment has been made for mother and children to attend the embassy. At least some much needed good news I guess!

And her IA solicitor is preparing her file to submit to the Home Office soon. My friend is very nervous as sometimes the IA solicitor seems to be lost or forgets about some things, so she's having to remind him now and then.

Thank you for reading. Any advice/tips would be much appreciated. Thanks!

Micky

thsths · Post by **thsths** » Wed Mar 12, 2008 8:53 pm

mickyd wrote:I'm afraid my friend has been told to empty her flat, the court will decide by which date she has to leave her flat. The Shelter people are now involved and it looks like she will be declared homeless, so the social services people will be involved as my friend has two little children.

That sounds difficult. She certainly has to talk to her lawyer again, but I have a few hints that may help:

As a family member of an EU national, she should have equal access to benefits compared to a UK citizen. Convincing the council of this may be difficult though, but it seems to be the most urgent matter. The two children should certainly help.

Will turning to social services for help affect her negatively especially when she is soon going to contact the Home Office regarding her situation (please read my previous posts for info)?

Technically it does not matter, however bad it may look otherwise. Anyway, this should not be her main concern right now. She has a right to stay here, and she can focus on more urgent matters.

Amazingly, her ex-husband has decided to help her with her children's passports. He's completed some paperwork and submitted it to the German embassy and an appointment has been made for mother and children to attend the embassy. At least some much needed good news I guess!

That is great news. The German embassy may even be helpful beyond the passport, if she is lucky.

And her IA solicitor is preparing her file to submit to the Home Office soon. My friend is very nervous as sometimes the IA solicitor seems to be lost or forgets about some things, so she's having to remind him now and then.

That does not sound too good, but fortunately under European law mistakes rarely come back to haunt you. So I think she can just relax and wait.

And one last point: the islamic divorce is most likely invalid. International divorces are subject to the jurisdiction where the parties are residing. In this case that should be the UK, although it is also possible that German may accept the divorce. Neither country accepts islamic law, and in both cases she should receive a monthly maintenance for herself and the kids, and she may also get sole custody.

Timing can be critical, so she should consult a lawyer asap. If her husband moves to "the other country" and files a divorce there, she may loose out quite a lot.

Tom

mickyd · Post by **mickyd** » Thu Mar 13, 2008 2:25 pm

thsths wrote:That sounds difficult. She certainly has to talk to her lawyer again, but I have a few hints that may help:

As a family member of an EU national, she should have equal access to benefits compared to a UK citizen. Convincing the council of this may be difficult though, but it seems to be the most urgent matter. The two children should certainly help.

Today the court judge told her she has 2 weeks to empty the apartment. I think the council are being urged to step in and give her and her children an accommodation.

The problem I see is that because she currently works for me as a carer 10.5 hrs/week (Â£90/wk), they might not see her as being entitled to any benefits. I was planning to give her an increase too.

Do you think her part-time job will affect the council's decision to help her?

And one last point: the islamic divorce is most likely invalid. International divorces are subject to the jurisdiction where the parties are residing. In this case that should be the UK, although it is also possible that German may accept the divorce. Neither country accepts islamic law, and in both cases she should receive a monthly maintenance for herself and the kids, and she may also get sole custody.

Timing can be critical, so she should consult a lawyer asap. If her husband moves to "the other country" and files a divorce there, she may loose out quite a lot.

I remember she told me her ex-husband has already told the German authorities that they are now divorced. I sincerely hope this will not have any unforeseen repercussion on her status in this country. Having said that, she is herself in the process of filing a divorce in this country. She once said she might marry again sometime in the future but understandably she wasn't sure about that at the moment.

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A non-EEA mother of 2 children deserted by an EEA national

A non-EEA mother of 2 children deserted by an EEA national