Need immediate help

[tehmina]

Hello Everyone,
One of my friend is in difficult position and need immediate help .
She married to EU national who is living in uk from last 4 years and he is unemployed and on benefits.

she came in uk in 2010 on 6 month visa and currently on 5 year dependent resident visa which is going to expire in 2016.
She has 1 year old daughter and she has only uk birth certificate and cannot get her daughter passport as her husband canot use EU trite rights due to getting benefits.

Currently she has bad relation with her husband and he may get separated or divorce her.

Questions:
1-if her husband get separated or divorced ,can she stay in uk and what will happen to her daughter if she has to leave country.
2-what will be her financial positions as she is unemployed and all benefits income is coming due to his husband.what type of support she may get in case he get separated or divorce her.

Any kind and detail reply will b highly appreciated.

[Universal soldier]

Until the other experts reply, I would like to tell that daughter can get same country's EU nationality where the EU national father from. Claiming benefits means become burden on state and is unfavorable for case. Normally after 3 years marriage on divorce a non-EU national can retain right but still treaty rights need. But I think from EU child maybe you get some rights.

[fatimahh]

Some more details may help people helping your friend. Is the 1 year old child the child of the EU? how did this person get her 5 years residence card, did the person applied as family member of an EEA who is exercising treaty right as workers or else? For this person to retain their righ of residence for both herself/himself and the 1 year old kid after divorce the EEA national will need to be exercising treaty right at time of divorce. Benefit will only be problem if EEA use the route of self suficient.

[tehmina]

1 year old daughter Father is only EU national,he move to UK and was self employed and sponsored his wife directly to UK.
so this marriage is registered in UK only.from last two year he is on JSA.

they are getting Husband JSA,Child Benefit and Housing benefit,in case he leave house then she will be in financial crises as well.
in case they get separated /divorced then mother has to go back to her home country and she cannot take daughter?

Till she has visa(2016) she can get some support from state(Child benefit and Housing benefit etc) or she cannot get?

thanks

[fatimahh]

[quote="tehmina"]1 year old daughter Father is only EU national,he move to UK and was self employed and sponsored his wife directly to UK.
so this marriage is registered in UK only.from last two year he is on JSA.

they are getting Husband JSA,Child Benefit and Housing benefit,in case he leave house then she will be in financial crises as well.
in case they get separated /divorced then mother has to go back to her home country and she cannot take daughter?

Till she has visa(2016) she can get some support from state(Child benefit and Housing benefit etc) or she cannot get?

thanks[/quote]

So if i understand clearly 1 year old is daughter of EU national so she is a EU national! why did'nt they apply for her EU passport, it is much easy and it does not matter if EU is working or not.

Eu national being claiming JSA for more than 2 years it will be difficult to get Residence card for the child as home hoffice does not like people being on JSA for more than 6 month. To get the Residence card the EU may need to resume work.

why is your friend not working? she will need to be working if she want to keep her residence card and apply for her daughter when they divorce as this is one of the requirement on top of that EU national must be working or exercising treaty right at time of divorce.
As far as i can see it does not look good for your friend. Guru and moderators may assist you with more detailed advise.

[tehmina]

Thanks for your reply
her husband didnt even made daughter passport and she thinks he is doing intentionally but he always says that since I registered marriage in uk only and whenever I will get work then I will try for uk passport for my daughter.

In current circumstances she canot even take her daughter to her home country and she afraid if I left daughter here then my husband can end my soponsorship and may be I can't enter uk again.

Unfortunately she is not that skilful and she tried for few jobs but no luck.

Can any one answer is there any possibility that she can stay here with daughter in case her husband divorce her and can she get any financial assistance from govt or not?

Thanks

[Universal soldier]

If she cannot retain her rights then I think through having Custody to EU child can get back residence rights. I think non-eu mother should try to focus urgently on getting the EU passport of that child. I guess but not sure that the passport even can be applied for that child from UK through that particular country's embassy in Uk instead going to that country. Try to inquire from embassy that what are the requirements.