Unequal Application of the EU in cases of domestic violence

The immigration rules under the EEA regulations allows individuals whose stay in the UK is on the basis
their marriage to an EEA national to remain in the UK even though their relationship is broken down if
the relationship break down was as a result of domestic violence. Importantly, this same rule does not
apply to unmarried partners whose leave to remain was on the basis of their relationship with an EEA
national when their relationship ended as a result of domestic violence.
Under this rule, unmarried partners are not seen in the same categories as family members. However
the UK is under obligation to facilitate entry of unmarried partners of EEA nationals where the EEA
member is exercising Treaty rights. The exercise of treaty rights is not the only requirement here; such
unmarried partners must also be able to demonstrate that the relationship that subsists between them
is durable and duly attested.

It has also been noted that the rule (Directive 2004/38) appears to be silent on the continued
rights of residence afforded to unmarried partners whose relationship have broken down as a
result of domestic violence. The immigration rule in Article 13(2) is also vague on its provisions
relating to the retained rights of residence of EEA nationals who are in a durable relationship.
The above propositions is in a sharp contrast to the UK Immigration rules especially as it
applies to migrants in the UK; not including those who are currently exercising the rights to free
movement as enshrined in the tenets of the EEA. The rule provides that migrants already resident
in the UK as unmarried partners of British citizens may be able to retain their residence in the
event that their there is a breakdown in their relationship due to domestic violence.
The witnessed difference in the way the two groups are treated are in a stark violation of the
doctrines of equal treatment as canvassed by the EU laws. It also raises human rights issues
especially when looked at critically in the light of the durable partners of EEA nationals who
have had their relationship broken down as a result of been abused and/or been unfortunate
victims in events relating to domestic violence.
In a case law, Netherlands v Ann Florence Reed; [1986] EUECJ R-59/85, it was held by the
European Court of Justice that a member state of the EU that is in agreement with the free
movement within the EU cannot withhold the granting of similar privileges to migrant workers
who are also EU nationals. This means that where unmarried partners of British nationals who
have suffered domestic violence are allowed to keep their retained rights of residence, the same
should be given to unmarried partners in the EEA categories as well who are in a similar
position.
This principle must be upheld in all situations. But in reality, we have witnessed several
instances of double standards, instances where the principles of not been followed as they
should. Either by omission or commission, the standards have not been universal. It is therefore
important that individuals choose the right law firms, immigration lawyers and immigration
solicitors to deal with their cases. 9 out of 10 times when there is an immigration problem, there
is an expert immigration lawyer somewhere who is able to solve it.