Non-EEA and Domestic Violence

[denizen]

Hello
I am non-EEA family member, and married with a European boy/EEA national/. In the end of June I had Domestic Violence and after that my husband left me. We are married for one year and living in UK more than 5 years(living together for last one year and half), and now going to do divorce soon. We have a daughter 10 months old. Also I am pregnant.
I have got EEA 2 family permit since last year. Could you tell me, please, I will be eligible to apply for Leave to remain under the Domestic Violence?
Also I have a daughter from previous marriage who lives with me. She has got a Family Permit visa for 6 months period. And she was victim of Domestic Violence as well.
Can she apply for Leave to remain?
Thank you

[EUsmileWEallsmile]

Hello
I am non-EEA family member, and married with a European boy/EEA national/. In the end of June I had Domestic Violence and after that my husband left me. We are married for one year and living in UK more than 5 years(living together for last one year and half), and now going to do divorce soon. We have a daughter 10 months old. Also I am pregnant.
I have got EEA 2 family permit since last year. Could you tell me, please, I will be eligible to apply for Leave to remain under the Domestic Violence?
Also I have a daughter from previous marriage who lives with me. She has got a Family Permit visa for 6 months period. And she was victim of Domestic Violence as well.
Can she apply for Leave to remain?
Thank you

I'm sorry to hear about your troubles. Did you report the incidents to the authorities - Police for example?

Article 13 of directive 2004/38/EC is relevant to you - especially 13.2 (b) and (c). Bear in mind that post divorce, your will need to be a worker or self-sufficient person in your own right if you wish to achieve PR later.

What has your spouse been doing in the UK? What is he doing now?

[denizen]

thank you for answer.
Yes, I did report the incident to the Police.

My husband works since the time that he came to the UK.

[Directive/2004/38/EC]

When did he come to the UK?

[denizen]

He came to the UK in 2006.

[Directive/2004/38/EC]

If your estranged husband has worked continuously in the UK since 2006, then he now has PR. Ignoring the domestic violence for a minute, that means that as long as you are married and he remains resident in the UK, then you have a right of residence in the UK. The same is true for your daughter who has the Family Permit.

I assume your 10 month old has three citizenships, and that you are primarily responsible for her at this point.

I would strongly suggest you seek professional legal advice from somebody who knows about the intersection of (1) domestic violence and (2) immigration. If you wish to remain, there may be issues which would dictate going slower on the formal divorce, or maybe not.

I do know that UKBA has special programs for victims of domestic violence.

Is your husband being prosecuted by the police?

Is your oldest daughter settled and in school?

[denizen]

[quote="Directive/2004/38/EC"]

I do know that UKBA has special programs for victims of domestic violence.[/quote]

What about SET (DV)?

[/quoite]Is your husband being prosecuted by the police?[/quote]

No.

[/quote]Is your oldest daughter settled and in school?[/quote]
She is 20.