EEA2 Dilemma

[Helena82]

Hello guys

I just joined the forum.
I have a complicated situation and I would be glad if some one can help.
Am sorry its quite a lenghty post.Also my phone Caps have problem hence I couldnt capitize everytime I needed to.

I am Nigerian female.Came to UK for Msc study in 2009.After my studies I worked with post study visa for 2 years.My Psw expired feb 2013.In April 2013 I met and started a relationship with a Polish national.We got engaged in January 2014 and I moved in with him.In february a police incidence in our neighbours apartment led to police searching our flat and taking statements.In the process it was discovered my visa had expired so police arrested me.As at time of arrest I was already 3 months pregnant.My fiancee got a lawyer to arrange my release after police confirmed through a pregnancy test that I was indeed pregnant for my Eu partner.

My passport was witheld and i was issued an is96 which required me to sign at beckett house once a month.I was adviced to apply as Eu unmarried partner or get married and apply as spouse
In june 2014 we got married at greenwich borough registry (I used my nigerian id card in place of my passport which was witheld by home office).
I gave birth to our son in october 2014 .However after I moved in with my husband for months we were having problem.there were several domestic violence incidences.My husband although a lovinv man but has alcohol problem.He abused me and hit me on several occasion even when I was heavily pregnant.Once in july 2014 I called the police and they gave him warning.But a major incident happened on november 2014.He came home terribly drunk and was threatning to kill me and banging on the room door.I had to escape with my son through the roof climb way and ran downstairs into the street bare footed with my one month old son at 12.30 midnite.
A good samaritan helped me call police but before they arrived myhusband had escaped.

I gave statement at station and I agreed to press charge if he was arrested.
At this time I had already applied for my EEA Residence card.This incidence took place in november.My Eea2 application was sent last week october.
I told police I couldnt go back to live in that flat for fear he might attack me so police contacted children services and they put me in emergency accomodation.Thats were I have been till this moment with my son.
In february 2015 home office asked me to attend marriage inter iew with my husband as doubt was been cast on the genuineness of our marriage.I replied and informed them that my circumstance has changed and that I am currently separated from my husband due to domestic violence and as such we cant attend interview as couple.
In April 2015 homeoffice sent decision letter that my Eea2 application has been refused because my husband is not working for genuine company as such not exercise treaty right.Also they added that if I reapply I would need to attend a marriage interview with my husband.
As regards my husband's job, at the time we submitted my application he was both self employed as handy man and part time employed in his friends dry cleaning business.But we decided to use his part time job as treaty evidence because at the time his own self employment business was new and he hadnt filed tax return.But home office said the company were my husband works part time didnt seem genuine as they couldnt find info about it on company house and that a phone call was made to the company but no answer.
Home office says I can reapply or appeal or apply under article 8 or else I leave the country.

Now heres my confusion.Should I appeal or reapply and get my husbands self employment documents?
But if I reapply Homeoffice says I have to attend marriage interview with my husband which doesnt make sense.
Although I have dropped the charges against my husband (for sake of peace ) I and him are not in good terms.He doez call to ask about baby and he gets to see baby once a week at the chdrens center where I take my baby to.Also he sends £50 weekly for baby upkeep.But he hasnt stopped drinking and as much as I love him I am not ready to risk my life to live with him.I suffered so much physical and mental abuse in the short time we lived together.i cant go through all that again.

so this is my story.What do you guys think is the best route to take?

[Bing]

I am so sorry to hear what has happened to you. I am not an expert but hope things will work out for you. All the best to you and your baby... kisses n hugs..xxx

[vinny]

See also 10 and domestic violence.

[Obie]

I believe you should file for a divorce immediately.


Try and get evidence of his activity before you proceed with divorce.

Home Office are wrong to invite you for an interview, especially where a child is involved.

Where you given a right of appeal?

I know he was good, and I applaud you for stating all the good things that he had done for you, but this gives him absolutely no right to ill treat you.

[punktlich02]

Has the child been documented as a Polish citizen? That should be possible based on what you said, and gives rise to Zhu/Cen rights (subject as I understand it to possible income and sickness insurance requirements, but even so...)

[Helena82]

I am so sorry to hear what has happened to you. I am not an expert but hope things will work out for you. All the best to you and your baby... kisses n hugs..xxx

Thanks a lot for your concern.I appreciate

[Helena82]

Has the child been documented as a Polish citizen? That should be possible based on what you said, and gives rise to Zhu/Cen rights (subject as I understand it to possible income and sickness insurance requirements, but even so...)

Thank a lot for your reply.
No the baby doesnt have a polish passport yet.
But even if he had, we might not qualify for it based on the self sustaining income clause

[Helena82]

I believe you should file for a divorce immediately.


Try and get evidence of his activity before you proceed with divorce.

Home Office are wrong to invite you for an interview, especially where a child is involved.

Where you given a right of appeal?

I know he was good, and I applaud you for stating all the good things that he had done for you, but this gives him absolutely no right to ill treat you.

Thanks for your response.
Yes I do have evidences for his abuse which I did submit to the police when I made statement.

Yes am going to have to get a divorce at some point but I am just thinking divorce is such a long process that could drag on for about a year if not more most especially when theres issue of Dv which he might want to refute (though I have evidences to substantiate it).

[Helena82]

See also 10 and domestic violence.

Thanks for your response.I have read the domestic violence route which says i can retain my status as family member but he problem here is that in the decision letter from Home pffice I was refused the Residence card because my Eu nationl employment was thought not to be genuine hence they have not been able to confirm that I am indeed a family member of a qualified Eu person.

I think I will just go ahead and appeal the decision and see how things turn out.

Many thanks you all.