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EEA national extended family visa and DV

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

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estreladomar
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Posts: 1
Joined: Fri Jul 01, 2016 7:20 pm

EEA national extended family visa and DV

Post by estreladomar » Fri Jul 01, 2016 7:44 pm

Hi

I´m quite desperate at the moment. I´m supporting someone that fled Domestic violence and the fact that she fled it seems that put her in the worse position ever.
She has a EEA extended family permit as she came as a partner of an EEA national. She has a doc they had an stable/durable relationship for four years as in her country you have to register partnerships. In october she got a permit card for her and her son valid until 2020.
Meanwhile she fled and we tried to claim benefits, they were refused. On top of that DWP also told me that her permit card is not valid anymore as she separated... she is panicking!
When she fled she had a DV org, a social worker and the police involved , the police try to convince him to handover the permit cards but he refused stating he did´t have them, meaning she does not have permit cards. I want to request a second copy butI don´t know how aND i´m afraid if i do that I will make her situation worse as the HO will find out she is no longer with him. The other thing is as she wasn´t entitled to benefits she desperatly needs to work. I´m not sure.. is she allowed to work? she can´t also open a bank account as she has no permit cards.
I don~t know what to do anymore, any advice welcome!

thanks

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: EEA national extended family visa and DV

Post by noajthan » Fri Jul 01, 2016 7:56 pm

Most unfortunate.
If the relationship is terminated at any point during the five years immediately before permanent residence, then the durable partner no longer has a right of residence. Durable partners cannot retain (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.
Ref https://www.gov.uk/government/uploads/s ... _clean.pdf
- page 23

What is nationality and immigration status of son?
Who has parental responsibility for child?
Is the child in primary or secondary education?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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