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Forum Home  →  Discussion  →  Access to justice and advice sector issues  →  Thread

Domestic violence and right to reside for EEA national

Sue123
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EEA Family Support, Children's Centre Calderdale

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Total Posts: 135

Joined: 16 February 2015

Hi, could I please ask a question.

Polish national (woman) wants to leave her husband (also Polish) who has been emotionally abusing her. They both have been in the UK for 8 years. She’s never worked but he worked for more than 5 years and is still working.
He would be able to get permanent right to reside and I assume she could too as his wife.
If she leaves him, what are her options?
thank you

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Joined: 12 March 2013

If she has spent at least five years as his spouse while he was working she already has a permanent right to reside (as does he).  It isn’t something that needs to be applied for: it just exists.  However, in these uncertain times it is probably not a bad idea to apply for a residence card as this will provide peace of mind.

If she leaves him her right to reside is unaffected: the only thing that could deprive her of her permanent right of residence now would be if she left the country for more than two years ... although of course we cannot be sure that the rules will not change over the next couple of years as a result of Brexit.

If the Home Office is not convinced that she has a permanent right to reside, Plan B is that she has a right to reside based on his current economic status - if he is working now she has a right to reside as his spouse even if they separate.  Only divorce would end her right to reside as a current spouse, always assuming of course that he continues to have a right to reside himself.

As in all cases of this type, evidence is the tricky part.  Assuming that she won’t be taking his P60s with her she needs to provide the Home Office and/or any benefit decision maker with enough evidence, or the means to get enough evidence showing that she has a right to reside.  That means as much info about him as she can muster: where he works, his NINO and if she can get her hands on docs or copies of docs so much the better.  Although this isn’t a lot of use in an immediate emergency it is worth knowing that Tribunals can direct disclosure of third party information even if the data subject has not consented

Sue123
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EEA Family Support, Children's Centre Calderdale

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Total Posts: 135

Joined: 16 February 2015

thank you for the reply.

so I think the best thing for her would be to apply for permanent residence document. If she can’t, I will advise her to get as much information as she can regarding her husband.
she does want to divorce him so that’s why I am asking for her right to reside when that happens.
I know she is ok while they are married but don’t know what will happen when they divorce.
It is always difficult to leave abusive relationship and when you are not sure if you will be able to provide for your children, it makes it a lot worse.
if you have any other advice, please let me know.

thank you

Sue123
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EEA Family Support, Children's Centre Calderdale

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Total Posts: 135

Joined: 16 February 2015

Just a quick question. Phoned the home office who said she can only apply for a permanent residence document with her husband. They will not be able to provide it just for her. Is this correct? Her husband does not want to apply for it.
If this is the case then she can’t apply for it and will struggle to obtain benefits in her name I assume.
Thank you