Eea Visa Question, Advice Please

[scorpio]

any advice on this much appreciated. thai lady in uk on eea family permit , she is seperated from husband living on her own with a baby born here in uk. she has valid 5 year resident stamp which runs out on march 2013. can she then apply for uk citizenship ? she has suffered domestic physical abuse at hands of her husband, i understand, or at least have heard before that because of breakdown of marriage and suffered abuse by husband she will be granted indef leave to remain , any truth in this ?

what steps must she now take to be granted ILR ? or be granted uk passport ? she cannot be sent back to thailand as her baby was born in uk with uk passport ( mother and daughter casnnot be seperated )

thanks in advance

[ThaiVisaExpress]

They may keep their right of residence if :

• the marriage or partnership lasted for at least three years immediately before
• the initiation of proceedings for divorce, annulment or dissolution, and
• the parties to the marriage or civil partnership had resided in the UK for at least
• one year during the duration of the marriage or civil partnership, or
• the former spouse or civil partner of the qualified person has custody of the
• children or a right of access to the children in the UK, or
• there are particularly difficult circumstances (such as domestic violence)
• justifying the retention of the right of residence.

My link - Further details here

[7by7]

Is this the same woman in this topic?

If so, her circumstances seem to have changed dramatically in just three months!

That her child is a UK citizen does not mean she has an automatic right to live in the UK; as the information given to you in that other topic shows. However she could apply to remain in the UK so she can exercise her right of access to the child.

Although as said in that topic, the Zambrano case may be relevant; but this is by no means certain.

TVE has given you information on what she has to do to stay in the UK under the EEA regulations as the victim of domestic violence; to which I would add that she must have evidence of the domestic violence in the form of police reports; the UKBA are not going to just take her word for it.

Whatever she decides to do, I think that she needs the services of a qualified adviser or immigration solicitor.

As for British citizenship; as she entered the UK as the spouse of an EEA citizen to be time qualified for British citizenship she must firstly have been in the UK on the exact day five years prior to applying and also have had no time restrictions on her stay in the UK, e.g. PR, for at least 1 year. So that's 6 years after entering. She also needs to satisfy the KOL requirement. See also Standard requirements for naturalisation .