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Non EEA on family permit with an EU national

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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userdenied
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Posts: 2
Joined: Wed Mar 21, 2018 7:58 am
United Kingdom

Non EEA on family permit with an EU national

Post by userdenied » Wed Mar 21, 2018 8:26 am

Hi everybody,

I'm married to an EEA national and got 5 year family permit. I lived with him since December 2014. I got married in Sep 2015 and got my family permit on Feb 2016.
The reason I'm here is because I suffered from domestic violence in Jan 2018, since then my eu husband is absconding. I got 1 month emergency injunction and then hopefully I can apply for further injunctions ( when i go to court for next hearing ) due to the threats I'm still getting from eu husband. I got police reports as well.
I don't know now what to do with my immigration status. Shall I apply for retain rights of residence ? Or shall I divorce him ? My eu husband is still absconding.
Can anyone guide me ?
Thanks.

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

Re: Non EEA on family permit with an EU national

Post by Obie » Wed Mar 21, 2018 10:36 am

You will first need to divorce him and after that you could apply for a retained right of residence, provided he is still in the UK exercising treaty rights.
Smooth seas do not make skilful sailors

userdenied
Newly Registered
Posts: 2
Joined: Wed Mar 21, 2018 7:58 am
United Kingdom

Re: Non EEA on family permit with an EU national

Post by userdenied » Wed Mar 21, 2018 12:32 pm

Hi, thanks Obie. Is there any year/ years limit to apply for ROR while my case is going at the court for Domestic Violence ?

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