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Kenworthy's Chambers

Immigration & Asylum Law Update: Durable Partners of EEA National After Surviving Domestic Abuse

by Kenworthy's Chambers 29/01/2018

Following earlier successes before the First-tier Tribunal in securing a retained right of residence card for a durable (unmarried) partner of an EEA national whose relationship had broken down due to domestic abuse, Mark Schwenk has now won an appeal at the FTT against the refusal of that person's permanent residence application.

This marks significant achievement to secure long-term residence in what was a long legal battle for the client. The case is also a huge achievement for persons in this category, as there are no provisions in either the domestic regulations or the EU Directives to allow unmarried partners of EEA nationals to retain their rights if they are survivors of domestic abuse.