This is a very interesting post. With you mentioning that your friend has been here in the Uk for a few years already, I would want to assume that she has some form of employment, and hopefully not relying on the husband's salary alone. The reason I brought this up is because, from a legal perspective, the courts will favor custody to a parent who can financially support the children. And in your message, you mentioned that there are 2 kids, which would make the financial aspect of this legal battle even stronger. Now if both parties are working, then the courts will look at who can support the children better. You also have to consider the ages of the kids, because in certain countries, when kids reach a certain age, they are asked as to who they want to live with, and this decision, together with other factors presented in court, will be considered and then decided on.

I suggest in this case, that your friend hire a good divorce lawyer, and let that lawyer know the "shouting" parts of the relationship (some countries consider that verbal abuse and is a ground for divorce), as well as "hiding the visa card and other papers", as this constitutes harassment and in one way, can also be considered a threat, which are grounds for divorce.

Let me know how things progress and give me more details, and I will consult my network of friends, some of which are lawyers, or have actually undegone the divorce process themselves.

 

Hi Mermaid,

Under EU Freedom of Movement Laws 5yrs continues residence of the non-EU Partner in an EU State entitles her to a Permanent Resident Permit.

There are however 3 situations by which the Permanent Residency can be given to her much earlier. The first is the case of a proven domestic abuse/violence. If you friend can prove this with some records (police visitation, court documents etc) she would be entitled to a Permanent Residency even though her 5yrs is not yet due.

The second situation under EU Law says that if the couple prior to divorce/death had been married for more than 3 yrs, the non-EU Partner is entitled to make an application on her own rights and should be granted by the authorities.

The third situation is somehow linked to the custody of the children and is known in EU Law as the Bambaust Case. Under Bambaust if the non-EU Partner have custody of a child of the relationship and the the child is in an educational establishment, the non-EU Partner should be allowed to stay in the country until the child attains the age of 18.

Your friend shouldn't be worried about her status. She is very well protected under EU Law and should be entitled to UK benefits to support herself and children in case of a divorce since she has a legal right to stay in the UK.

 

Great legal advice Coyan, that would give her information as to what her rights are and what course of action to take. I received, read, and replied to mermaid's pm, and you're right, she shouldn't be concerned about her status, which can be taken care of later. What is more important is the issue of domestic violence/verbal abuse. Mermaid has been a witness to this, not only once, but on several occassions. I've been trained in counselling since hgh school and deducing from the information mermaid gave me in her pm, safety for her and her kids are the utmost concern.

I have seen and heard many cases such as this and what I can only say is, time is of the essence. It can make or break the people involved (literally).

 

Yes I agree, the kids are the ultimate victims on matters like this. Hopefully, things are remedied in time to minimize the actual damage done to these innocent kids.

 

I have a similar situation, I m married for 8 years, arrived to Great Britain in May 2004, moved to Ireland in August 2008, to give birth. My younger daughter from joint marriage. The elder son - from first marriage. I returned to England in July, 2010th. My Husband did not work and was on Job seekers, for this reason I was not given the PERMANENT RESIDENCE , I have got only 5 years more family visa!
My husband in every possible way humiliates me and intimidates, shouts at me bad names, does not allow to work, says that will throw me out from the country and will take away our daughter , saying that I do not have any rights in this country,
My husband having an affair with women, different ages and does not hide it, and describes it sometimes!
If I do not work,( as nursery is very expensive and my daughter is only 2.5. What can I do? I am afraid, if I will call in police or will sue for divorce, he will do something awful to me!

Is there any chance to receive the PERMANENT RESIDENCE?
Thanks