Immigration status after end of the relationship

[mary jones]

20 days ago, after 7 years living together (and since april 2009 on the UK), I told my unmarried partner I wanted to get separated. I offered him to stay with me until he gets a job (or stay separated until he gets a job) while I paid his bills (all this 7 years I was the only breadwinner of the house, he could never get a lasting job). He got mad and wanted to go back to South America, where we lived before. And he tried to force me to leave the UK with him (he punched me in the eyes and threatened me with more physical and moral violence and even said he will kill me). He forced me to quit my job and sign 2 letters to the Home Office saying we're separated and asking to cancel my residence permit. He even sent e-mails to my manager and the HR of my company saying horrible things about me and that he wanted to make me illegal here. When I realized he was really going to kill me, I went to the police to report him and told the HR and my line manager of my workplace. My manager asked if I wanted to retract from the notice I gave I could keep working there, and I agreed. My ex-partner returned this weekend my passport and left the UK. He cut off my residence permit and damaged and old expired entry clearance of 2009. My residence permit was issued on September 2009. I can support myself with my job. My ex-partner is an EEA national, but I'm not. He called me yesterday and said he won't do anything against me if I go back immediately to South America. I don't believe him anymore. I just want to stay here legally and protect me from more domestic violence. I don't believe he won't kill me if I'm there. He knows where I would have to live. I want to report the passport damage to the police, ask the Home Office not to cancel my residence permit and get a replacement one. When the police arrested him while he was in the UK, I said I didn't want to go to court to ruin his life, he has traumas with this due to his ex-wife, so they said there will only be issued an injuction order. Is this the correct procedure? If they cancel my residence permit, should I apply for domestic violence permanent residence permit? He said the Home office contacted him and wants to help him, but I think this is only more psychological terror against me. Please help me.

[geriatrix]

Please confirm:
The unmarried partner you are referring to is a EEA national.
You are not a EEA national.
You are in UK under EEA regulations (family permit).

And, please consider use of paragraphs when writing.

[mary jones]

Yes, my ex-unmarried partner is an EEA national.
Yes, I'm not an EEA national.
Yes, I'm in the UK under EEA regulations (family permit).

[fysicus]

If the relationship lasted longer than three years and you lived together in the UK for at least one year, your residence rights under the EEA regulations are not affected. You are well over these thresholds, so you don't need to worry about that.

My first impression is that you need to take three steps as soon as possible:
1. report the damaged passport to the police (as well as the rest of your story)
2. get a new passport
3. get a new Residence Card

[vinny]

Can an extended family member retain the right of residence (due to 7(3))?

[Directive/2004/38/EC]

Thank you for reporting it to the police! That is so over the top. If you are living at the same place, have the locks changed on the doors, even if he has left.

I would encourage you to contact your MP, and ask for their help in approaching UKBA. Your MP's constituency office can write to indicate that you were forced to send the letter by threat of violence. Make sure that you include the relevant police report.

On immigration matters: As others have said you likely have retained a right to be in the UK already. There are also special immigration provisions regarding people who are immigration-dependent on an abusive partner. I am not sure either way if that is you.

If your partner has not been working, then you would have both had to have had CSI (Comprehensive Sickness Insurance).