End of relationship with non_eea family member due to domestic violence

[Pelerina]

Hi,

Let's say theoretically:

An eea member who has a indefinite right to work in UK (she) has a child with a non-eea member who's removal from the UK was imminent before they met (he). They enter a relationship, live together for 3ish years, the eea member (she) finances mostly everything - rent, furnish for the house, utilities, nursery fees, puts money on his account when he asks, gets a credit card to pay for everything for the upcoming baby, registries his car on her name, pays for it and fills it with gas, sponsors every meal out and trips everywhere AND sponsors HIM as a family member so he now has right to work but is still refusing to work (does it occasionally and helps with household budget only occasionally when it suits him) ... He buys an unnecessary extras she begged him not to buy - dishwasher, new TV when they already had one... He starts abusing her with coercive control after she just wanted to make him happy and have a peaceful, normal and happy life with their beautiful baby.
After a while she cannot bear it and runs away from home with the child to a shelter. Relevant services are involved for a while planning the "escape" with her but the she couldn't find the house soon enough hence the running away.
She wants to revoke her sponsorship to his visa but he does have parental responsibility towards the child.

Does he have the right to remain in the UK?

THANK YOU

[Casa]

Under the EEA Regulations for an unmarried partner (durable partnership):

Termination of durable partnership
A durable partner continues to have a right to reside as a durable partner for as long as:
• they remain in that relationship with the EEA national
• their EEA family permit, residence card or registration certificate remains valid

If the relationship is terminated at any point during the 5 years before permanent residence, then the durable partner no longer has a right of residence.

Durable partners cannot keep a right of residence under regulation 10 on the basis that the relationship has broken down, whether this is due to domestic violence or otherwise. This is because regulation 10(5) only makes provisions for a family member to retain a right on termination of a marriage or civil partnership. As a durable partner is not in either a marriage or a civil partnership, regulation 10 does not apply. This reflects article 13 of Directive 2004/38/EC.

Extended Family Members - guidance

[secret.simon]

It depends upon whether she and he are legally married or in a durable partnership.

In case of the former,
a) in case of no divorce, his right to reside in the UK continues even if she does not reside with him, so long as they both reside in the same country (the UK). She may choose to live in Edinburgh, he may choose to live in any part of the UK, such as Cardiff or London.
b) in case of divorce, he has an automatic right to reside in the UK if they have been married and resident in the UK for at least three years.

If they are in a durable partnership, Casa has advised above.