eea application for residence card

I applied for residence card as a family member of an EU national as my partner is from Czech and we have a 16 months old baby together and we had been living together for 3 years but my application was rejected without right of appeal. The reason they gave was I was married before to another and I didn't show prove of divorce and enough documents like bills and council tax in our names to show we have been co-existing since then. please what can I do?

momoney007 wrote:I applied for residence card as a family member of an EU national as my partner is from Czech and we have a 16 months old baby together and we had been living together for 3 years but my application was rejected without right of appeal. The reason they gave was I was married before to another and I didn't show prove of divorce and enough documents like bills and council tax in our names to show we have been co-existing since then. please what can I do?

Collate evidence to address each point of refusal and reapply.

one o the reasons for rejecting my application was my former marriage and I have separated from my ex for 5 years and I don't even know her where about. do I really have to divorce before I reapply?

momoney007 wrote:one o the reasons for rejecting my application was my former marriage and I have separated from my ex for 5 years and I don't even know her where about. do I really have to divorce before I reapply?

Caseworker may want to see that your former relationship is not subsisting.
You will need to investigate if this a valid point of refusal in such circumstances as there is case law to say the HO approach is not fully compliant with EU law.

My understanding is HO will apply the guidance set out in their European Casework Instructions (based on the requirements for unmarried partners under the UK domestic Immigration Rules).

HO will consider a relationship to be a durable one where:

• The couple have been living together in a relationship akin to marriage (usually for at least two years);
  The couple intend to live together permanently;
  The couple are not blood relatives; and
  Any previous marriage or other similar relationship by either party has permanently broken down;

And address the other points too.
Proof of subsisting relationship 'akin to marriage'; any/all proof of cohabitation for 2+ years will help here.

To support all these types of application you need to be generating a solid papertrail of documentary supporting evidence.
Especially as unmarried partners need an EFM RC in order to reside and work in UK as well as for the time to count towards acquiring PR.

I will like to know if I can make same day application for residence card as unmarried partner of an eea member please?

momoney007 wrote:I will like to know if I can make same day application for residence card as unmarried partner of an eea member please?

No.
Due to the complexity and checks required.

https://www.gov.uk/ukvi-premium-service ... he-service

My partner wants to go to the home office in person to challenge the rejection of my first application because she feels we cant survive another six months waiting if we make another application. I can not work and she only works part time as we have a 16 months old sick baby, she has a rare condition and doctors said only one in a million babies has that condition and she is still currently undergoing treatment and control at GOSH, we have a joint council tax outstanding and council has a judgement to posses our belongings already, plus landlord is threatening to eject us for rent outstanding, we can barely survive as a family and she feels this decision is unfair on her and our sick baby, should I allow her to make this move because she is really in pains as we are going through a very difficult situation?