Benefits- Domestic violence- pregnant

evenasus

TELLIT01 wrote: »

That is a very unfair generalisation. The OP has been here for 4 years, working and not claiming any benefits. It is a change of circumstances which puts her into this situation and she is simply seeking advice on what help might now be available.

She said she's been here 5 years but only worked 2 years. She's not worked for the past 2.5 years according to her post.

pollyanna_26

It's worth remembering this board is for advice and not judgement . Two posts from the OP do not give more than a brief outline of the situation .
polly

OhWow

Malika0620 wrote: »

Hi
women from third country can apply for visa because of domestic abuse. I understand the law, but I really haven't choose this situation... better stay with violent partner and waiting what is he gonna do?
There is any help for me please, I am so stressed

The EU does not have anything in their free movement rules for those suffereing DV as you can easily retrurn to your own country or move another EEA country. What you speak of are those who paid for a UK "Visa" under UK immigration rules and staying under DV is very difficult to get. As an EEA citizen, you need to be a qualified person to have a right to reside in the UK. You can claim benefits if you work.


Report to UKVI that you are no longer with your partner so they can take steps to remove him from the UK. Non-EEA partners (not married) are not allowed in all EEA countries as they have no rights under EU law. The UK let him in but only as an Extended Family Member and he has no right to stay in the UK, work, or use the NHS bill free now that he is no longer your partner.



As an Extended Family Member, he has no rights to stay in the UK. Be careful of him trying to persuade you to come back when he finds this out, or trying to get you to marry him as a non-EEA spouse would have different rules, but only if you are being a Qualified Person


His RC actually became invalid when you stopped being a qualified person.
An EU RC is given to a non-EEA citizen when their EEA citizen sponser is being a Qualified Person, and is given in expectation that EEA citizen will be a Qualified Person continuously. RCs become invalid and the end date means nothing.


In 2016, the UK made illegally working in the UK a criminal offence under the Immgiration Act 2016.

OhWow

huckster wrote: »

You might have a right to reside, but not to claim benefits.

The EU's "right to reside" seems only to be if they being a qualified person: worker: jobseeker for limited time: self sufficient living on their own means: and student. For Self Suffients and Students to be a Qualified Person, they must buy Comprehensive Sickness Insurance for themselves and all their Family Members etc as they are not allowed to be a "burden" to another EEA country.


Wasn't it more of the case that the EU courts ruled that an EEA citizen can not be an illegal overstayer, when the UK were deporting those sleeping in the streets? They can't claim benefits from the UK. But the same does not apply to any of their non-EEA Family Members and they can be deported.

OhWow

tacpot12 wrote: »

It may be difficult to ask, but if your partner is also the father of your children, you could ask him to provide for their living costs.

Under EU rules, her ex non-EEA citizen partner no longer has a right to be in the UK, let alone work! That ended as soon as he was no longer her partner. Even if they were still together, the OP must be a qualified person, or her partner's right to be in the UK has ended, even if he was her spouse.


If he is in the UK on Immgiration rules, then he will have a UK work visa but the OP would still have needed to be an EU Qualified Person to have a right to reside in the UK.