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Exhausted partner: Retained Rights or PR

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

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Samelove
Newly Registered
Posts: 2
Joined: Sat Feb 17, 2018 2:26 am
United Kingdom

Exhausted partner: Retained Rights or PR

Post by Samelove » Sat Feb 17, 2018 2:53 am

Hi everyone,
I came to the UK in August 2012 legally as a visitor and met my same sex partner, an Italian national. We entered into a civil partnership in July 2013. I got my RP in September 2013.
However, it has been an exhausting, abusive and emotional relationship. Over the years my partner became abusive, controlling and intimidating. She separated me from my friends, and (believe me) actually tried to force me to migrate to Italy with her to become an escort. I have proof (msgs) of this. However after 4 and a half years, I was mentally ill, and a shadow of my former self and summed up the courage to go to the police after a series of horrific verbal abuse, drug use and threats of harming me and "ruining" my life. She was arrested and given a formal caution.
I have filed for a dissolution of the civil partnership and she swore not to corporate as my 'punishment'.

Please dear friends kindly advice me if I can:
1. Apply for retained rights while waiting for the absolute. (She's refusing to sign divorce papers) due to the fact that my visa will be expiring soon and I don't know how long the divorce will take.

2. I am estranged from my family due to my sexuality and currently have no support. Can I ask HO to consider as part of my application, that I can't go back home for fear of inhumane treatment and fear for my life?

3. Can I continue working after RP has expired but my application is with the HO?

I don't have any of her payslips or documents, though I can tell them where she's worked. She's still in the UK, I know her address and she has no intention of leaving.

I am currently emotionally drained and mentally exhausted and look forward to your advice. Solicitors arent given me straightforward advice and i cant keep paying £300 for consultations leaving me with more questions than answers. Thank you.

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

Re: Exhausted partner: Retained Rights or PR

Post by Obie » Wed Mar 07, 2018 9:51 pm

If you were a victim of domestic violence then you will not need her treaty rights documents. However you will need police report. Did you ever report the incident to the police.
Smooth seas do not make skilful sailors

Samelove
Newly Registered
Posts: 2
Joined: Sat Feb 17, 2018 2:26 am
United Kingdom

Re: Exhausted partner: Retained Rights or PR

Post by Samelove » Sun Apr 29, 2018 4:26 pm

Hi Obie,
Thanks for your reply and apologies for my late response. I have a crime reference number and a copy of her police caution which I was able to obtain from a mutual friend she sent it to. I also now have a letter from a domestic violence support agency.

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