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Discussion 01.3

Navigating Legal and Administrative Barriers

Guidance on handling complex legal processes.

4 messages

Hanne

Question

A woman I mentor asked me, at the end of a session about something else, whether leaving her husband would cost her the right to stay in the country. Her permit depends on his. I did not know the answer, I said so, and I have been uneasy about it since. What should I have done?

Mentoring team

Reply

Saying you did not know was the right answer. A wrong answer here is not an embarrassment, it is a decision she may act on. Residence rules turn on the permit type, how long she has held it, national law and often her own file, and none of that can be read off a general rule.

What you can do is make sure the question reaches someone who can answer it. That means knowing, before it comes up, which organisation in your area gives free immigration advice to women in this situation, whether they work with interpreters, and whether the first appointment can be made without a case being opened.

Two things are worth knowing so that you do not accidentally discourage her. EU law now names women whose residence depends on a partner as being at heightened risk of violence and requiring specific protection, and it requires shelters to be available to women experiencing domestic violence regardless of residence status. Member States have until 14 June 2027 to put the directive into national law, so what exists on the ground varies while that is happening.

Be careful with the other half of it. Rights groups criticised the final text for dropping the provision that would have kept a victim's data from reaching immigration authorities, so in many places the fear of reporting is not irrational and should not be waved away.

Hanne

Reply

That last point matches what I hear. Telling someone the system will protect her, when she is not sure it will, ends the conversation. What would you say instead?

Mentoring team

Reply

Say what you actually know and be plain about the edge of it. Something close to: I do not know how this works for your permit, and I am not going to guess, because guessing could cost you. There is a service that does know, and you can talk to them before deciding anything.

Then do the practical part yourself. Have the name, the address and the opening hours ready rather than a search result, offer to make the first call while she is in the room if she wants that, and ask whether it is safe for her to receive a letter or a message at home before anything is sent anywhere.

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