EEA Family Member, Domestic Violence, EEA2? ROR?

[AJ14]

Hi all,

Would really appreciate your inputs on my situation. The background:

I (US national) followed my husband (EEA national) to the UK on an EEA FP in 2013, and applied for and received a UK residence card on the basis of my marriage. We were married in early 2013. Unfortunately within a few months of my joining my husband here, he became physically abusive.

I have not been able to afford to move out, as I am unemployed (currently job searching). Neither of us are claiming benefits. I am actively applying for jobs and the game plan is to move out as soon as I can afford to. I don't have any family here in the UK, or would have left a long time ago. I have been spending most weekends over the past few months on friends' couches; I have limited engagement with my husband during the week as he returns from work in the evening and is out the door early in the morning. It's hardly ideal, but I'm managing in the absence of alternatives.

On to my questions:

1. Do I understand correctly there are two routes to consider: EEA2 and the retained right of residence ? Can you help me understand the difference between the two? I'm trying to get a sense of the pros and cons of both routes.

2. Has anyone here submitted either of the above applications on the basis of domestic violence?

3. I understand I need to submit proof of the violence. Is there anything else I should submit apart from this: letter from my GP (who has been documenting these issues); letter from the two domestic violence agencies who have been supporting me, letter from the agency that has been providing me with counseling support; testimony from friends re: the issues and the fact that I have spent so many nights in their home; messages to and from friends documenting the marital issues; personal bank statements indicating I could not afford to move out. I plan to go to the police as soon as I have moved out, as I am afraid of what his reaction will be.

4. In terms of process, I understand the EEA2 route is as follows: apply for and be granted a divorce; submitting an EEA2 application with the divorce certificate, waiting up to 6 months for a response, with the right to appeal if rejected. Does this sound about right?

5. Can you help me understand the process for the retained right of residence route?

6. Does the fact that my husband and I have been married for just over 1 year impact my case in any way? FYI we have lived together in the UK post marriage. I raise this because the EEA2 application asks if we have been married for over 3 years AND spent at least one year living together in the UK.

7. I called the HO, who said the primary issue they would have with my application is that I have continued to reside with my husband after the DV. I explained the lack of real alternative, the limited weekday interaction and the weekends away, and the officer recommended I submit friends' testimony to this effect. Certainly by the time I submit an application, I will have moved out. But will the fact that I did not move out immediately hurt my case?

Many thanks in advance for your help with this!
AJ

[LunarGirl]

I'm so sorry to read about your situation. I cannot answer all of your questions (this is a very involved situation with so many issues).

''3. I understand I need to submit proof of the violence. Is there anything else I should submit apart from this: letter from my GP (who has been documenting these issues); letter from the two domestic violence agencies who have been supporting me, letter from the agency that has been providing me with counseling support; testimony from friends re: the issues and the fact that I have spent so many nights in their home; messages to and from friends documenting the marital issues; personal bank statements indicating I could not afford to move out. I plan to go to the police as soon as I have moved out, as I am afraid of what his reaction will be.''
- I know you are very scared of what his reaction will be if you involve the police but doing so will certainly improve your case, in terms of having documentary evidence. I've been through a similar experience in my first marriage and the police report certainly added concrete proof towards proving unreasonable behaviour in the divorce proceedings.

You should also look into contacting organisations such as Woman's Aid for support -
http://www.womensaid.org.uk/default.asp

[Obie]

I believe the Home Office is wrong.

You have sufficient evidence of DV for the purpose of Regulation 10(5).

Victims of DV sometimes continue to stay with their abuser. It doesn't affect their ability to prove such abuse.