EEA application on domestic violence

[Hubbitten]

hi ,My case is in critical stage.

I am married for six and half yrs and is living in uk for four and half yrs .Currently I am separated from my EEA spouse after domestic voilence incidents.

I have a child of four yrs living with me and is in nursery education and is going to start reception in september.

My child is non EEA national born in UK.

I have filed my application for retained right of residence in may 2010.

filed divorce petition in june 2010.

My eea spouse is very clever and has moved to another EEA country(to harm my immigration status and divorce case) but is still employed with UK employer (on SSP with UK employer and is working with other employer in other eea country.)

Can anybody tell me if his leaving UK before decree absolute would result in refusal of my retained right of residence application??

Or if i should withdraw my application and apply again on some other grounds?

PS :my visa is valid until december 2010.

plsssssss help .

My life would be ruined if i had to go back(cultural reasons)

[Obie]

In order to be able to answer your question, i will need to ask you few question myself.

1. Is this child the EEA national's child

2. What is the status of the child, does he or she have a residence card.

3. Have you evidence he is exercising treaty rights in the UK.


4. Was the child in school before you and the EEA national seperated and commenced the divorce proceedings.

5. Do you have evidence showing your ex exercising treaty rights in the period immediately leading to the termination of your marriage

[Hubbitten]

hi ,

Thank you very much for your response.

please find below the details as required by you:

My child is EEA national's child but having non EEA passport as my spouse never wanted to apply EEA passport for him.

yea my child is also having five years residence card which is due to expire in september 2012.

I have copies of his pay slips and p60s as an evidence of his exercising treaty rights from the date he started his job in UK ie septembre 2005 until december 2009. For evidence after our separation only thing i can say that As my child maintenence case is with CSA so i know through them that he is still employed with same company.(but as said earlier that he is on SSP with that company since may 2010 but said to be practically left UK AND IS WORKING WITH SOME OTHER COMPANY IN SOME OTHER EEA country )

Yes at the time of our separation my child was in nursery education (funded by government and is going to start her reception class in this september)

I hope this helps .

Please let me know should you need more information.

Once again thanks for your help.

[Obie]

You are allowed to stay and support your child's education in the UK under EU law, whether or not you retain your right of residence following Divorce.

Therefore you can apply on that basis.

[Hubbitten]

hi , Thank you very much for your response.

Do you think HO consider nursery education seriously in applications filed as primary carer of child in education.

If yes i would consider withdrawing my current application for retained right of residence on the basis of separation/Domestic violence.



Many thanks

[Hubbitten]

hi obie

any ideas????

[Obie]

I think you can submit that as further basis to retain right of residence. It is pointless withdrawing application.

[Hubbitten]

thanks Obie,

You mean to say that i shouldnot withdraw my application, rather send the HO additional information and raising the point of my retention of right on the basis of primary carer of child in education????

One more thing if they allow me to retain my right rather than Premanent residence when would I be eligible to make an application for permanent residence.

I hope it's not that everytime they would just extend it for further five years.

Can you advise any solicitor who is expert in such EEA cases. or any barrister for opinion??

sorry I have so many questions....

My husband has messed up mine and my child's life.


Any ideas are welcome.

[Obie]

Hi,

Please note that the time spent as someone who has acquired the right of residence is counted towards the 5 years residence required to obtain PR, this is confirmed by caselaws. Also it is in accordance with regulations 2006.

In hindsight it might have probably be best to have not included the CSA, but it make little difference to you right of residence.

Your child has right of residence under Regulation 1612/68, which was in some part reppealed by the citizenship directive.

However the part which provide for children of Migrant worker or former migrant worker in school in the memberstate still applies.

The applications should be pretty straightforward.

You could write a cover letter stating the relevant provisions you are applying under.

[Ukagain_2015]

fAO: OBIE ..... I would like to ask about myself . Actually i was in uk on spouse visa and due to misunderstanding and fights our relation didnot subsist and my husband didnot get me PR at the time which was due on dec2015 , hence i came to my home country india . But now after staying apart we both feel and miss the good time togther we had. Therefore , we want give another chance to our wedding .
I did have police caution as well coz of the fights taking place in the past.
What do say if i apply again now for spouse visa as we both want too stay togther and he is fully supporting me in everyway..
What are the chance for me to get a visa?,