Divorce Advice - VISA (Chinese married with Polish)

[contrast]

Hi All

This is my friend's situation.

She's married with polish guy who's working in the UK and they have been married about 2 and half years and have a child (born in the UK).

But she was beaten and abused by her husband on several occasions, sometimes in front of their child, finally she reported him to police.

As she is non EU, he often told that she can't divorce due to her visa status if then she will loose everything. (leave the UK, child and etc..)

Also they bought house registered with both names but she paid 2/3 of deposit.

Now she's depressed and having very difficult time because of visa, child and house.

If she divorced by domestic violence is there anyway she can stay in UK legally? if then can she have a child custody right?

It would be really appreciated any advice regarding this matter.
Please help my friend.

Many Thanks in Advance

[hongleuk]

I think because she is having a child , so she can claim asylum as the chace to get that is high for woman with child.

[MPH80]

On what grounds could she claim asylum??

There is a domesic violence option.

http://ukba.homeoffice.gov.uk/siteconte ... schapter8/

However - this seems to apply to persons applying for indefinate leave as a spouse of someone settled here (e.g. the UK route) - rather than the EEA route I presume she's under.

Your friend should contact a good immigration advisor about this.

M.

[Mr Rusty]

I don't think an asylum application would be appropriate.

If she has evidence of domestic violence in the form of police reports, she can probably make a case for retention of her right of residence under the EEA Regulations. See the following casework guidance:-

A person who ceases to be a family member of a qualified person on termination of a marriage or civil partnership will retain a right of residence if:
• the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and
• the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or
• the former spouse or civil partner of the qualified person has custody of the children or a right of access to the children in the UK, or
• there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.

She should ask the police or the council to put her in touch with a support group for victims of domestic violence and proceed from there.
That guidance is badly worded as it appears to suggest that the marriage must have lasted for 3 years before the other criteria take effect, but that's not what the EEA Regs themselves say. She could apply either on the grounds of custody of the child or domestic violence provided that she makes herself a "worker" by getting a part-time job or registering as a jobseeker. As suggested, she should take legal advice.

[86ti]

See also a recent discussion here http://www.immigrationboards.com/viewtopic.php?t=72997