ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Applying for Settled Status on basis of Domestic Violence

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
Kikiboo
Newly Registered
Posts: 6
Joined: Fri Dec 30, 2011 7:55 pm

Applying for Settled Status on basis of Domestic Violence

Post by Kikiboo » Wed Apr 11, 2012 12:08 am

My friend has been married to a Polish national for 7 years, they have 3 children together. Since arriving here 11 years ago on a visitors visa, she has not renewed her visa and has not applied to have her status changed.
The marriage is now in jeopardy and she now needs to sort her status here as she is currently not entitled to any benefits and is not being supported, financially or otherwise, by her husband.
We need advice on getting her settled here. Her husband has refused to provide his passport for her to get permanent residence as a family member of an EU national and we are now looking at her applying for Indefinite Leave to Remain on the basis of her suffering domestic violence. The UKBA website stipulates that, in order to apply for this, applicant must have had temporary leave to remain - she doesn't technically have this. How do we proceed?
Thank you for your advice.

Kikiboo
Newly Registered
Posts: 6
Joined: Fri Dec 30, 2011 7:55 pm

Post by Kikiboo » Wed Apr 11, 2012 12:11 am

Also, is there any way she can apply for a EU Residence Permit without providing her husbands passport. We have been waiting for months to get this and he has still not provided it?
Cost is a major factor in this and neither of us know how to access help or advice in this situation.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Apr 11, 2012 1:20 am

It is quite a difficult situation. On the one hand she has never made an application to the Home Office, so they have no record of her.

Does she have any evidence that this polish chap has ever worked in the UK.

Was he working at any time before any of the 3 children started school.

What is the nationality of the children?

I believe the most sensible thing is for her to report this guy to the authorities if he refuses to seek help.

I believe that is the starting position.
Smooth seas do not make skilful sailors

Locked