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Forum Home  →  Discussion  →  Residence issues  →  Thread

UC and domestic violence (EEA National)

JojoMitchell
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Hi again

Due to see a client on Friday to claim UC but am concerned as she doesn’t yet have a decision on ILR under this new vulnerable people settlement process.  From what I have extracted from her immigration solicitor who had a copy of a ESA HRT decision from September 2018 is that she came to UK in 2005 and from 2005 to 2010 no info held by DWP and then from 2011 to 2015 very intermittent JSA applications.  In July 2017 she again claimed JSA which was refused. 

I have no details of what she did from 2005 to 2010 yet.  She has 2 children aged 9 and 10 and they reside with her ex partner who was reported for domestic violence in October 2017.  She sees them but is not the primary carer. 

I cannot see how she can pass the HRT…at least her PIP is in payment.

Any suggestions?

Thanks

Elliot Kent
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I’m not sure there is enough information to usefully comment.

It’s possible she’s a permanent resident depending on the details of her lengthy history here - this could possibly include time she was here as a family member of another EEA national. We don’t know her former partner’s nationality or whether they were married or ever had the right docs to make her an extended family member. She could have other relevant family here.

I would start by taking a history from her directly and seeing what comes from that.

JojoMitchell
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Yes, I realise it’s threadbare which is why I’m seeing her again.  Just have the DWP decision so far to go on.  Will update once I know more.  Difficulty is proving anything when her ex (British National) was abusive.  At the moment cannot see how she could qualify as not a former worker, s/e etc.

ClairemHodgson
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i should think the question of whether she was married to the british national ex is also relevant.  and whether her children are british or not (given from what you say their dad is).

is she seeing a solicitor re the DV /child maintenance and contact stuff?  and social services may be helpful since if there was DV there may also have been child protection issues, and they may have evidence/info

JojoMitchell
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Thanks Claire.

JojoMitchell
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Disability Law Service, London

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Ok. Just seen client. Didn’t claim UC as she’s getting HB and this would be at risk as likely to fail the HRT.

Client was not married and was with her British ex for 15 years. During that time he didn’t allow her to work and he worked very briefly claiming benefits. Children are British and no custody battle as yet as my client had a breakdown and needs to get well. Police got her into a hostel where she has been since Dec 2017.

No other family members.

Cannot see how she satisfies the HRT…No right as a family member. Any thoughts? Not sure how her HB was awarded? Was I right to not claim UC?

Thanks
Jo

Elliot Kent
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It certainly doesn’t sound encouraging.

I would ask about whether the former couple ever spent any time elsewhere in the EU. The only argument I can think of would be if there was some way to rely on Surinder Singh/Banger.

Staying on PIP/HB only in the hopes that the future brings a grant of some sort of domestic status with recourse to public funds might be the best option otherwise.

[ Edited: 14 Dec 2018 at 03:09 pm by Elliot Kent ]
JojoMitchell
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Sadly only spent time in London.
Thank you though.

Ros
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Just in answer to your question above - sounds to me as though you were definitely right not to claim UC for her.