Can I qualify for Settlement Scheme

[raphaelo]

Good evening everyone,

Thank you to everyone who gives their time to make this forum what is it . I have been a silent observer for a while and will be very grateful for some advice?
I am non Eu came to the UK 2004, claimed asylum 2005 . Was in a relationship with an Eu national, we has a child in 2006 and got married in 2009 and started living together .

I have never applied for any residence card as my husband said as long as we were married , i was fine.
Relationship broke down permanently due to domestic abuse Nov 2013 . it was tough after that, no evidence to prove i wasn't illegal . My Husband wanted reconciliation but we were too afraid to go back .
Till date , we are not divorced as i am simply too afraid to initiate divorce , we live in same city ! ( this man use to chase me whenever he spotted me ) Cant predict what he might do .

My old asylum case was finally concluded 2016 after i contacted resolution center. with 30 months discretionary leave (asylum refused), i have renewed once already .

My questions please esteem members and Moderators :

Can i apply through the EU settlement scheme ? if yes , should i apply for retain rights or through Ibrahim and Texeira ? Our child is now 14 . The problem through retain rights, i do not have ex husbands valid ID and the problem with Ibrahim and Texeira , i have never applied for a derivative right . I didn't even know about the EUSS until a friend told me in January , she was assuming i already had a derivative right.

I do apologies for the long story and also if my post is misplaced . Many thanks in advance everyone and stay safe .

[seekingadvice87]

Good evening everyone,

Thank you to everyone who gives their time to make this forum what is it . I have been a silent observer for a while and will be very grateful for some advice?
I am non Eu came to the UK 2004, claimed asylum 2005 . Was in a relationship with an Eu national, we has a child in 2006 and got married in 2009 and started living together .

I have never applied for any residence card as my husband said as long as we were married , i was fine.
Relationship broke down permanently due to domestic abuse Nov 2013 . it was tough after that, no evidence to prove i wasn't illegal . My Husband wanted reconciliation but we were too afraid to go back .
Till date , we are not divorced as i am simply too afraid to initiate divorce , we live in same city ! ( this man use to chase me whenever he spotted me ) Cant predict what he might do .

My old asylum case was finally concluded 2016 after i contacted resolution center. with 30 months discretionary leave (asylum refused), i have renewed once already .

My questions please esteem members and Moderators :

Can i apply through the EU settlement scheme ? if yes , should i apply for retain rights or through Ibrahim and Texeira ? Our child is now 14 . The problem through retain rights, i do not have ex husbands valid ID and the problem with Ibrahim and Texeira , i have never applied for a derivative right . I didn't even know about the EUSS until a friend told me in January , she was assuming i already had a derivative right.

I do apologies for the long story and also if my post is misplaced . Many thanks in advance everyone and stay safe .

You have been married to eu national for 12 years without residence card. Try apply to eu scheme because still married hope you get settled status because over 5 years as direct family member. Apply before 30/6/21. Use marriage certificate too, proof of living UK for over 5 years etc even include child passport too might help. Current bills and many documents prove your over 5 years for settled status . Good luck

[raphaelo]

Thank you @ seekingadvice87 . What about not having my ex's valid ID? Thanks

[raphaelo]

Hi all , i have searched on this forum but have not come across similar situation yet.I have just recently applied to the EUSS with Discretionary Leave to remain BRP . Married 2009 , relationship broke down permanently Nov 2013 . Not divorced yet .

My Timeline : Applied 23/02/2021
Bio metrics : 01/03/2021
COA : Waiting
Request for more information : Waiting
Decision : Waiting

[Obie]

Is your wife still in the UK?

[CR001]

Topics merged!

[raphaelo]

Is your wife still in the UK?

Good afternoon @ Obie ,thank you for responding to my query. I am the wife or was the wife and do have full custody of an EEA Child .
Yes my formal spouse is still in UK working and still lives in our old house .

[raphaelo]

Topics merged!

Thank you @ CR001 .

[Obie]

Is your wife still in the UK?

Good afternoon @ Obie ,thank you for responding to my query. I am the wife or was the wife and do have full custody of an EEA Child .
Yes my formal spouse is still in UK working and still lives in our old house .

You may apply based on custody of the chid, you may do so prior to the 1st July 2021.

[raphaelo]

Is your wife still in the UK?

Good afternoon @ Obie ,thank you for responding to my query. I am the wife or was the wife and do have full custody of an EEA Child .
Yes my formal spouse is still in UK working and still lives in our old house .

You may apply based on custody of the chid, you may do so prior to the 1st July 2021.

Thank you for taking time to answer my question. Would applying through our son be on paper application? i am asking this because i already applied online attaching joint proof of residence for myself and relevant EEA from 2009 - 2014 including 1 year council tax, marriage certificate and child birth certificate .
i can request for paper application tomorrow if that is what i need to apply , it might be easier as i do not have ex's valid ID . Many thanks in advance

[raphaelo]

Hi everyone,
I have now been granted settled status and thanks for all your help.