Domestic Violence Route for EEA citizens Petition
Posted: Thu Nov 22, 2018 6:05 pm
Currently , Non-EEA citizens who fall under the statutory definition of victims of domestic violence can apply for indefinite leave to remain under the "domestic violence rule". This rule is contained in Part 8 of the Immigration rules 1994, s.289A-289D. These rules grant Indefinite Leave to Remain by virtue of having been a victim of domestic violence regardless of the victim employment status or economic activity in the UK.
These rights do not apply to EEA nationals as they fall under the the Immigration (EEA) Regulations 2016 and the Citizen’s Directive 2004/38/EC. EEA nationals who are victims of domestic violence by British citizens are not allowed to apply under the domestic violence rule for settled status. They can only qualify for settled status if they are workers, or family members of a foreign worker. This does not protect victims adequately, especially if they have been prevented from working due to coercive and controlling behaviour, which is now an offence, Serious Crime Act 2015 and/or if the perpetrator is British, as they are not classed as EEA citizens exercising treaty rights.
In light of Brexit, this inequality in the Immigration rules based solely on nationality needs to be addressed, as it runs counter to the rule of law and art. 14 of European Convention of Human Rights, which prohibits discrimination based on "sex, race, colour, language, religion, political or other opinions, national or social origin, association with a national minority, property, birth or other status
A link to the petition can be found here
https://petition.parliament.uk/petitions/231371
These rights do not apply to EEA nationals as they fall under the the Immigration (EEA) Regulations 2016 and the Citizen’s Directive 2004/38/EC. EEA nationals who are victims of domestic violence by British citizens are not allowed to apply under the domestic violence rule for settled status. They can only qualify for settled status if they are workers, or family members of a foreign worker. This does not protect victims adequately, especially if they have been prevented from working due to coercive and controlling behaviour, which is now an offence, Serious Crime Act 2015 and/or if the perpetrator is British, as they are not classed as EEA citizens exercising treaty rights.
In light of Brexit, this inequality in the Immigration rules based solely on nationality needs to be addressed, as it runs counter to the rule of law and art. 14 of European Convention of Human Rights, which prohibits discrimination based on "sex, race, colour, language, religion, political or other opinions, national or social origin, association with a national minority, property, birth or other status
A link to the petition can be found here
https://petition.parliament.uk/petitions/231371