Changing from EEA domestic violence

[Lololvvs]

I have an EEA residence card commencing from January 2013. I am an unmarried partner of an Irish National. I have suffered domestic abuse during that time. I have 1 caution from 2012 where he physically assaulted me, a recent phone call to a domestic abuse hotline and pictures of bruises on my face, arms and legs since 2012. I emailed those photos along with descriptions of the confrontations to myself over the years so that they will be time stamped. I am 100% self sufficient and am in full time employment. He has been a student, has had sporadic employment and has been applying for jobs since graduation.

I was told that as an unmarried partner of an EEA national, even with the domestic violence, I will not be able to stay in the uk on my own right. What are my options?

We are still together at this point and we live together. If we get married and then our relationship dissolves because of domestic violence, won't I be protected then? Or if he applies for British citizenship (his father is a British citizen and is residing in Ireland where my partner was born) we remained unmarried and our relationship dissolves will I be protected through that route as well?

Please help. I'm tired of this.

[UKBA HUNTER]

Under such plan you will give the ball yourself to the authorities because first you have claim that you undergoing domestic violence but on other hand you going to marry the same person.
Although:
"Great liars are great magicians too" (with due respect).

[Lololvvs]

I've probably worded this badly, but I want to see the difference in each situation. Not necessarily having it apply to me.

I want out of my situation. What sort of recourse do I have as a durable partner of an EEA citizen experience domestic abuse with the proof that I have.

Also thanks for your helpful quote on liars. That's exactly what survivors of domestic abuse need to hear.

[Lololvvs]

Anyone know if I will be protected legally because of domestic violence?

[Obie]

See, Advise for Durable Partner facing domestic violence.

[Lololvvs]

I'm on an EEA2 parter residence permit as I am an unmarried partner of an Irish citizen

When we applied he was a student, but graduated in 2014. Since then, he has half - heartedly applied for work and claims he cannot work because of his depression. He has been diagnosed by a doctor but he refuses to seek treatment, claim benefits or anything. I am working at the moment and helping to support the both of us and he is self sufficient as his family pays his bills, pays his rent and gives him money to live.

As he is refusing to work, how to I manage this exercising treaty rights compliance problem that we are having at the moment? Also, as an Irish citizen does he have special allowances?

Any advice would be much appreciated.

[secret.simon]

As an Irish citizen, he gets allowances. He is considered settled on arrival in the UK (no need for PR for him) and his children will automatically be British if born in the UK.

But as his spouse, you do not benefit. You will need to conform to EEA Regulations.

There are four ways he can be considered to have treaty rights
a) worker
b) self-employed
c) student
d) self-sufficiency

I do not know if his being supported by his family counts as self-sufficiency though. I think it would require him to be of independent means, but I could be wrong.

[Lololvvs]

As an Irish citizen, he gets allowances. He is considered settled on arrival in the UK (no need for PR for him) and his children will automatically be British if born in the UK.

But as his spouse, you do not benefit. You will need to conform to EEA Regulations.

There are four ways he can be considered to have treaty rights
a) worker
b) self-employed
c) student
d) self-sufficiency

I do not know if his being supported by his family counts as self-sufficiency though. I think it would require him to be of independent means, but I could be wrong.

I am working full time at the moment and earning enough to support myself.

As I am also supporting him, does this make a difference?

[secret.simon]

He needs to be exercising treaty rights, not you.

[Wise]

Hi,

Please try as much to get the attention of any moderator who will be able to direct you properly and take note of what the responder sent to you.

However,since the EEA treaty right is very important and not yours to secure your Pr. I think since you're the only person working you can try and get (CSI) to cover him and it doesn't matter how much is your insurance premium rate e.g £5 or £10 per month in his name also make sure you paid money into his account every month for the family to spend then you should be fine regarding self sufficient.

I believed moderator will also add some important point on this matter

Good luck

[Wise]

NOTE:
CSI (comprehensive sickness insurance) will be required for claiming self sufficiency.

[Lololvvs]

I have just bought comprehensive sickness insurance for him. So pissed off as that is £520 down the drain because he's refuses to work!!! Urgggggggg!!!

So, there might be a gap in the times we had insurance and the times we didn't. How much of a gap will the UKBA accept?

[Wise]

Waoo ooo! You can cancel it as you don't need that much, try www.wpa.org.uk and compare the quote.

As for the gap I think with his own case if you can get all the relevant letters from JP or consultant relating to what happen to him and hopefully is not that long may be 6 month without the insurance the case worker might apply some linenc of you. Don't forget issues of transfer money to his account and use it for family spending every month if not weekly,e.g your full wage.

Good luck

[Wise]

How long he's been depressed?

[Lololvvs]

He's been depressed since he was about 13 and was even institutionalized in Ireland as a teenager.

He was better when we met several years ago but the last 24 months he has deteriorated rapidly. I mean he is suffering from serious mental illness.

In the months that I didn't have health insurance for him, I'm sure I can dig out a few applications for jobs that he applied for -- but these are few and far in between.

Does that count or did he need the sickness insurance while applying for jobs as well? Before this point I was literally earning £17K and supporting the both of us and couldn't afford this insurance. I finally have a decent paying job which is why I have gotten this now.

[Lololvvs]

This is a bit of a weird one. I am an American living in the UK on an EEA2 defacto visa. Its shaky between my partner and I and we are thinking about breaking up. We've had the EEA2 visa since Jan 2013.

Saying that, I had a kidney transplant in 2006 in the U.S. and use the NHS for my ongoing care. I am 27 years old so I no longer can be on my parent's insurance for medication (it costs $2000 a month to pay for my medication out of pocket in the U.S. and needless to say I cannot afford that). If my partner and I break up and I am forced to return to the USA without medical insurance I will quickly go into kidney rejection and without dialysis (which I also cannot afford) and I will die.

There has been a case where the UK allowed a Nigerian woman to stay in the UK on grounds of kidney rejection. I don't know if it makes a difference where the transplant was performed though.

An article on her plight is linked below. Can someone please advise if the ruling also applies to me?

https://www.opendemocracy.net/ourkingdo ... her-death-

[vinny]

See also Akhalu (health claim: ECHR Article 8) Nigeria [2013] UKUT 400 (IAC) (24 July 2013).

Article 3 medical treatment cases not to be reconsidered by Supreme Court > GS (India), & Ors v The Secretary of State for the Home Department [2015] EWCA Civ 40 (30 January 2015).

[Lololvvs]

Sorry but that was really confusing....?

[vinny]

I know. It's unexpectedly complicated!

[Obie]

The Supreme Refusal of Permission in that case. See Page nine, and saying that it can see no basis for departing from N, essentially confines these people to a deth sentence. They are in actual fact singing their death certificate.

It is so outrageously unbelievable that such a thing is happening in the UK.

[Lololvvs]

Obie, I agree that it's disgusting.

But, why did Roseline Akhalu get to stay? Her case was also complicated but I think it was saying that sending her back to Nigeria would disrupt her private life or something like that?

[Lololvvs]

Has anyone had success with getting iltr or permanent residency from domestic violence from an unmarried Irish partner? We have our de facto visa but I still have another 2 years to go.

He's been threatening to kill me, hang me from the highest tree, etc etc. help!!!!

[chriskv1]

http://www.airecentre.org/data/files/Du ... e_note.pdf

Please refer to this

[Lololvvs]

I have been on an EEA4 residence card with my partner who is an Irish national. When we applied and got the EEA4 in 2013, he was a student and we had comprehensile sickness insurance through my work. I quit that job and we didn't get CSI again until recently for him. He is a self-sufficient person (his parents transfer him money from Ireland) but there is about a two year gap from when we didn't have CSI, when he graduated from uni he didn't start applying for jobs for about a year.

I have another 2.5 years to go before I can apply for PR through him. What is the likelihood my application will be refused as we have a two year gap with the CSI?

Thanks.

[Lololvvs]

I should also mention he has been in the UK for about 8 years and was born to a Welsh father and Irish mother in the Republic of Ireland. If he can become a British Citizen or permanent resident -- would that help my case in the times he didn't have CSI?