BWB's Ashley Fleming has won a four-year battle for a Canadian victim of domestic violence to remain in the UK, following the breakdown of her relationship with an EU citizen.

Sandra Sidey was living in the UK as the partner of a German national. Ms Sidey lost her right to remain when she ended the relationship in 2010, following a violent attack by her partner. Ms Sidey was afforded no right under EU law to stay in the country, but decided to challenge the decision.

Ashley Fleming has represented Ms Sidey throughout the process, from a favourable decision by an immigration judge in 2012, to subsequent refusals from the Home Office, through to a positive ruling from the Upper Immigration Tribunal in December. Ms Sidey received confirmation of her indefinite leave to remain today.

Reflecting on the decision, Ashley said, "This case highlights the lack of protection offered to survivors of domestic violence who happen to be unmarried partners of EEA nationals. The victims, who are more likely to be woman than not, are faced with a legal lacuna solely by virtue of their marital status when compared to spouses of EEA nationals or of British citizens, who are afforded some protection in preserving their immigration status should the unthinkable happen and their relationship ends as a result of domestic violence. This case charts a way forward for others in the same position seeking to retain their right to reside in the UK, where otherwise they would be required to leave."

Please click here for BBC coverage of the decision.

Posted on 26/03/2015 in BWB News

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