Eea domestic voilence

[imi99]

Hi
I have a query, my sister she has been in the UK since 2005. Came on student visa in 2005, which was extended till last one expiry was in 2011. In 2011 she made application for further extension which was refused in 2012 and she did not appeal as she got pregnant from a swiss national. They didnt marry but her son was born in 2013 then she made an applocation for EEA family permit which was approved in feb 2014.
Soon the application was approved there were incidents of domestic voilence, police was involved, son was taken away by social services. Now the court has given joint custody to my sister and her ex partner. The ex is threatning her of deportation.
What can my sister do? Can she apply for domestic voilence ? She will complete 5 year on eea in Feb 2019 , can she apply before that?
I think she cant go on long residency becaae sr overstayed her student visa. What option has she got?

[secret.simon]

There are no rights, not even a retained right of residence, for unmarried partners of EEA nationals who are victims of domestic violence under the EEA Regulations.

Retained right of residence for victims of domestic violence under the EEA regulations is applicable only to spouses and civil partners (See Page 18 of the Retained Right of Residence guidance).

I am not sure that your sister can apply on Form SET(DV) as she does not currently hold leave under the Immigration Rules.

In theory, if her EEA partner informs the Home Office that they are no longer in a relationship, her right to reside in the UK comes to an end. She is only eligible for PR if her partner agrees that they are still in a relationship when she makes an application for PR.

Her only option in the near future seems to be a Zambrano application (assuming that the child has inherited Swiss citizenship from the father; Swiss nationality does not descent automatically from unmarried Swiss fathers), but that is a derivative rights based application and does not lead to PR.

[imi99]

How about a fact that she has a joint custody a child who lives in UK?
The child doesnt have swiss nationality.
Is there any application she can make

[vinny]

What is child’s nationality and Immigration Status?
Was child born in the UK?
Did father acquire PR prior to child’s birth?

[imi99]

Child is swedush, borm in uk. But father os not makimg her swedush passport.father has no PR,

[secret.simon]

Was her child's father a Swiss national or a Swedish national? They are different countries and have different laws.

If the child was born in 2013 to an unmarried Swedish father, the child does not acquire Swedish nationality unless the father submits a certificate of paternity to the Swedish Embassy. If the father has not done so or is being uncooperative, the child is not a Swedish citizen and therefore your sister cannot use the child to make a Zambrano application.

If the child is subject to the orders of a British court, an FLR(FP) application may be possible. But wait for others to comment.

But the long and short of it is that there is no reasonable prospect of either ILR or PR, unless the father is cooperative.

[imi99]

Thank you for the reply, child father has dual nationality swedish and french , my sister has a court case going and next hearing is end of octover regarding the chil passport so the judge will wither order the father to coprte in the xhild's father or not. Hopefully he order cooperation. So once the child get passport will ir make it wasy for my sister?