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Residence card, Non –EEA, divorce, home violence–please help

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Pitarda
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Posts: 6
Joined: Thu Aug 29, 2013 10:19 am

Residence card, Non –EEA, divorce, home violence–please help

Post by Pitarda » Thu Aug 29, 2013 10:29 am

Hi All. I really hope that someone can help me to find an answer for my worries. I live in the constant stress for the last 2 years and I think my current solicitor is not giving me a qualified advice on emigration matter. I will be really grateful for any information.
I am Non-EEA citizen, who was married to EEA citizen in the EU state in January 2007. We moved to UK in April 2008 and I have obtained residence card expiring August 2014. My husband was abusive against me and my marriage broke down on the grounds of home violence. We have separated in September 2012 having an occupational and non molestation order in place. I was granted decree absolute in July 2013. My solicitor has advised me that I can put an application to remain in the UK on the grounds of home violence and I can wait until closer to the time when my residence card will expire.
I think I should apply under “remain rights of residence”. I have to admit it would be very difficult to provide any documentation in relation to my ex husband employment as I am absolutely terrified to contact him in this matter. I was in full time employment ( and additionally self-employed) from the time I have entered UK.
My questions are: is my residence card still valid as my relationships with EEA are officially ended? Can I travel outside of UK with current residence card (my Dad is not well and I book a trip outside of EU in 1 week time) or the entry to UK can be refused on my return. What are my options to get a status of permanent resident in the UK and when should I apply?

Deeply appreciate any help.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Thu Aug 29, 2013 11:09 am

You should be able to apply and succeed under Regulation 10 (5). You could even qualify under Reg 15 (1f).

You should not seek to contact him at all. The evidence you have is sufficient to request the HO to undertake the necessary enquiry of his employment for you.

You could travel and return. But make sure you hold evidence of Non molestation order.
Smooth seas do not make skilful sailors

Pitarda
Newly Registered
Posts: 6
Joined: Thu Aug 29, 2013 10:19 am

Post by Pitarda » Thu Aug 29, 2013 11:18 am

Thank you very much for your reply.
Obie wrote:.

You could travel and return. But make sure you hold evidence of Non molestation order.
My non molestation order expired in March 2013. And I have moved to different town to avoid any possible contacts. Is it still going to be OK for returning to UK?

I just don't know what to say to the UK Border Agent in case if he/she starts asking me questions while checking my passport in the airport.

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