thai lady with 2 yr old baby has been married to to husband and living in uk on eea family permit for 3 years, has 5 year resident permit with 2 more years remaining, this lady has been seperated from husband due to "battery and physical abuse" can thai lady now apply for indef leave to remain based on these circumstances ? she is working, has baby with uk passport, uk government cannot send her back to thailand as she has to remain with baby. any help or advice much appreciated.

thankyou

she wants to apply for uk passport or leave to remain before the 5 year period is up on her resident stamp

She maybe entitled to stay in the Uk and retain her residence, if there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.

she can stay even without the domestic violence thing.

Retention of the right of residence by family members in

the event of divorce, annulment of marriage or termination

of registered partnership

Without prejudice to the second subparagraph, divorce,

annulment of marriage or termination of the registered partnership referred to in point 2( of Article 2 shall not entail loss of

the right of residence of a Union citizen's family members who

are not nationals of a Member State where:

(a) prior to initiation of the divorce or annulment proceedings

or termination of the registered partnership referred to in

point 2( of Article 2, the marriage or registered partnership

has lasted at least three years, including one year in

the host Member State; or

( by agreement between the spouses or the partners referred

to in point 2( of Article 2 or by court order, the spouse

or partner who is not a national of a Member State has

custody of the Union citizen's children; or

© this is warranted by particularly difficult circumstances,

such as having been a victim of domestic violence while

the marriage or registered partnership was subsisting; or

(d) by agreement between the spouses or partners referred to

in point 2( of Article 2 or by court order, the spouse or

partner who is not a national of a Member State has the

right of access to a minor child, provided that the court has

ruled that such access must be in the host Member State,

and for as long as is required.

sorry, there doesn't seem to be a way to turn off the smiley nonsense.

the quote is from directive 2004/38/EC

Edited August 25, 201015 yr by bangla

when can she get a uk passport then ? who does she make her case to ? uk border agency ? uk embassy ?

Edited August 25, 201015 yr by dmax

when can she get a uk passport then ? who does she make her case to ? uk border agency ? uk embassy ?

from whom did she get the resident card?

she has to go there and explain the situation.

they'll know what to do.