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Applying for Settled Status on basis of Domestic Violence

Posted: Wed Apr 11, 2012 12:08 am
by Kikiboo
My friend has been married to a Polish national for 7 years, they have 3 children together. Since arriving here 11 years ago on a visitors visa, she has not renewed her visa and has not applied to have her status changed.
The marriage is now in jeopardy and she now needs to sort her status here as she is currently not entitled to any benefits and is not being supported, financially or otherwise, by her husband.
We need advice on getting her settled here. Her husband has refused to provide his passport for her to get permanent residence as a family member of an EU national and we are now looking at her applying for Indefinite Leave to Remain on the basis of her suffering domestic violence. The UKBA website stipulates that, in order to apply for this, applicant must have had temporary leave to remain - she doesn't technically have this. How do we proceed?
Thank you for your advice.

Posted: Wed Apr 11, 2012 12:11 am
by Kikiboo
Also, is there any way she can apply for a EU Residence Permit without providing her husbands passport. We have been waiting for months to get this and he has still not provided it?
Cost is a major factor in this and neither of us know how to access help or advice in this situation.

Posted: Wed Apr 11, 2012 1:20 am
by Obie
It is quite a difficult situation. On the one hand she has never made an application to the Home Office, so they have no record of her.

Does she have any evidence that this polish chap has ever worked in the UK.

Was he working at any time before any of the 3 children started school.

What is the nationality of the children?

I believe the most sensible thing is for her to report this guy to the authorities if he refuses to seek help.

I believe that is the starting position.