DV separated Non eea (holding 5 years residence) help please

Azhaar · Post by **Azhaar** » Tue May 05, 2009 2:25 pm

Hello

my name is Azhaar Omar

I am a national of yemen, got married to a polish citizen in 2005 and moved to the UK in Nov 2006, as he works in the uk.
currently holding EEA Residence Card 5 YEARS expiring in 2013

Last Year IN april i was seprated from him as i was a victim of a domestic Violence.. after many times of hitting and beating and i only reported twice to the police, first time the neighbours called the police when they heared me screaming and crying (he was hitting me) so i went to the police and i let him out (but they gave him a caution).
i was still suffering from the abuse until i reported to the police in april 2008 and i was adviced to leave the house..
so i left the house and i was working and supporting myself.

until i met a guy and i got pregnant from him and the relationship broke up. and now im pregnant (6 months ) and baby due in august.

i have stopped working as i was very ill suffering from excess vomiting and couldnt keep food or water in my stomach (I WASnt able to stand on my feet).
anyway...

I cant go home as in my culture what i did was bad, and i am pregnant now and i dont know what right i have and what the baby's right , as his father left me and left the country..

i am feeling lost..

Help me please

if i can claime benefit for the baby (housing, child benefit)..
my immigration status and the baby's..?

thank you so much

Azhaar

Wanderer · Post by **Wanderer** » Tue May 05, 2009 2:41 pm

where is your husband now? UK or has he left?

Azhaar · Post by **Azhaar** » Tue May 05, 2009 2:55 pm

Wanderer wrote:where is your husband now? UK or has he left?

I dont know anything about him.. i was so scared of him so i was hiding.. so now i dont know where he is.. he moved from the address we were living together..

Wanderer · Post by **Wanderer** » Tue May 05, 2009 3:58 pm

Azhaar wrote:
Wanderer wrote:where is your husband now? UK or has he left?

I dont know anything about him.. i was so scared of him so i was hiding.. so now i dont know where he is.. he moved from the address we were living together..

I'm afraid ur gonna need his co-operation to remain in UK or at least his passport, work record etc unless DV charges can be brought.

Azhaar · Post by **Azhaar** » Tue May 05, 2009 4:03 pm

Wanderer wrote:
Azhaar wrote:
Wanderer wrote:where is your husband now? UK or has he left?

I dont know anything about him.. i was so scared of him so i was hiding.. so now i dont know where he is.. he moved from the address we were living together..
I'm afraid ur gonna need his co-operation to remain in UK or at least his passport, work record etc unless DV charges can be brought.

thanks a lot for ur reply

i dont have any of his documents and i dont think he will help me, but i have the charge from the court. he was charged that he was abusing me will that help.. and what to do with the divorce
?

JA13I · Post by **JA13I** » Tue May 05, 2009 4:38 pm

Azhaar, I may not be able to help you with the Benefits side of issue, but from an immigration point of view your next move must be to apply for your retention of right of residence under the basis of being a victim of Domestic violence.

The catch 22 here is that you must prove that you are economically self sufficient or working to be able to get the right of residence, which hardly seems likely if you are not even able to stand up let alone sustain yourself and the young one.

How are you surviving economically lately?

Azhaar · Post by **Azhaar** » Tue May 05, 2009 4:45 pm

JA13I wrote:Azhaar, I may not be able to help you with the Benefits side of issue, but from an immigration point of view your next move must be to apply for your retention of right of residence under the basis of being a victim of Domestic violence.

The catch 22 here is that you must prove that you are economically self sufficient or working to be able to get the right of residence, which hardly seems likely if you are not even able to stand up let alone sustain yourself and the young one.

How are you surviving economically lately?

thanks JA13I for replying
I am gettin help from some of my friends and family over here.. and i was advised to apply for JSA but i think this will affect my right to retain my rights.. ?

JA13I · Post by **JA13I** » Wed May 06, 2009 8:00 am

To retain the right of residence under the Domestic Violence route you will need to prove that you will not be a burden on this country's public resources and being on benefits might not look too good for the purpose.

Your best bet would be to get through your pregnancy, safeguard a job and the apply for your right of residence so that you will be free of your dependence on your EEA husband. Applying right now looks like a dead end to me and could only compound to your current woes.

Azhaar · Post by **Azhaar** » Wed May 06, 2009 11:27 am

JA13I wrote:To retain the right of residence under the Domestic Violence route you will need to prove that you will not be a burden on this country's public resources and being on benefits might not look too good for the purpose.

Your best bet would be to get through your pregnancy, safeguard a job and the apply for your right of residence so that you will be free of your dependence on your EEA husband. Applying right now looks like a dead end to me and could only compound to your current woes.

thanks mate for replying..

the best way to wait after pregnancy.. ok but claiming child benefit will affect the application.. true??

and wont they ask me about my husband when i apply to retain my right of residence... or will the court charge will be ok to show by then.

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DV separated Non eea (holding 5 years residence) help please

DV separated Non eea (holding 5 years residence) help please