ILR OR EEA4 AFTER RETAIN RIGHTS?PLEASE HELP

[jazzy2015]

Hello Obie and Gurus,
I am new to immigration board, i kept reading this site usually as it is informative.
i need to consult something to you and i hope you can guide me through this in a better way with your invaluable experience and knowledge.
My immigration history is as follows:
Arrived uk in sep, 2005 on student visa (valid from 29 aug,2005 till 05 dec, 2008)
I did apply within time and got student visa extension valid until 31 OCT, 2009.
Married to a European and got 5 years residence card ( NOV, 2009 till NOV, 2014)
Got divorced on 19 APR, 2013. Due to this i had some limited documents of my Ex to prove her treaty rights. Applied my retained rights of residence (EEA2 form)
Got refused. Reason( not enough evidence of exercising treaty rights of my Ex)
Appealed at first tier tribunal and appeal was dismissed.(After this i tried very hard to contact with my ex through a friend to get some paperwork help and fortunately got some of her HMRC paperwork )
Appealed at upper tribunal and appeal was dismissed again. (honourable judge did not take into account these fresh evidences as they were not present at first tier tribunal. Honourable Judge suggested me to re-apply retained rights with those new evidences)
I filled EEA2 form again on JUNE, 2014 with those new evidences and got refused again.
Appealed at first tier tribunal and my appeal was allowed by the Honourable judge and i have got further 5 years residence card( Apr, 2015 till Apr 2020).

I have two options regarding PR:
1.PR through EEA4( European ruote): £65
In this route i would be needing my Ex's treaty rights paperwork till the date
of divorce(which i already have) and my economic activities paperwork from divorce till now.
we got married on sep, 2009 and its more than five years now.
(Need your Guidance).
2. PR through ILR Long Residency (non-european route):£1500 or £1900(same day)
(sep 2005 to sep 2015) My ten years residence in uk is complete.
And i think this is continous lawful residence as well as all correspondence with home office and court was on time. Section 3C protects me or not ? i am not sure. (Need your guidance)

Please Please Obie and Gurus, guide me through this.
Should i go for EEA4 route or ILR long residency same day service? your help means alot for me. thankx alot.

[vinny]

It's your choice.

Note that the Long residence option would also require evidence that you were residing in accordance with the EEA Regulations during the period that you were subject to the EEA regulations. KOLL also required.

[jazzy2015]

It's your choice.

Note that the Long residence option would also require evidence that you were residing in accordance with the EEA Regulations during the period that you were subject to the EEA regulations. KOLL also required.

thankx vinny, but could you please tell me what is KOLL.

and the documents you are talking about are required for both routes? is not it?
if those treaty rights documents required for both routes , then why should i not go for ILR same day, just to save time?
vinny , please guide me. do i need treaty rights documents of my own or my ex as well. and how old? please help

[vinny]

Do click on the given links for more information. KOLL is the life in the UK test plus B1 English language requirements.

See also 10 and Family members of EEA nationals who have retained the right of residence.

It's your choice, the Long residence option may be quicker, but more expensive.

[jazzy2015]

if i would go for premium(same day) service of ILR, do you think they would decide on that day or delay my decision?

[vinny]

It may depend on the evidence you present them with.

[jazzy2015]

vinny, could you please guide me once more.

as i heard, if i would go for EEA4 (PR) route, it will be mentioned on my residence card that i was a family member of european?
secondly, if it is written on residence card then i can not sponsor my non-EU wife now? somebody told me to sponsor my current non-eu wife, i need to go for BC first. is that is case vinny?

[vinny]

Having PR/ILR and satisfying financial requirements, etc., will be sufficient to sponsor a spouse under the Immigration Rules. It's not necessary to be a British citizen.

Did you marry after your divorce?

[jazzy2015]

No, I married before my divorce but abroad? is that not gonna be a problem?

[vinny]

I think that this may be a problem. What were the timelines or the marriages?

[Obie]

I am thinking , your case seem a bit complex in regards to the treaty rights issues, so you may encounter difficulties.

But if the treaty rights are in order you may be well even for citizenship.

[jazzy2015]

i married here in 2009.
i married abroad in 2010.
i got divorce here on 2013.
now i want to sponsor my second wife. according to law of land i was allowed to do second marriage abroad.
what you suggest now?

[Obie]

i married here in 2009.
i married abroad in 2010.
i got divorce here on 2013.
now i want to sponsor my second wife. according to law of land i was allowed to do second marriage abroad.
what you suggest now?

Got married to same wife in 2010?

[jazzy2015]

I am thinking , your case seem a bit complex in regards to the treaty rights issues, so you may encounter difficulties.

But if the treaty rights are in order you may be well even for citizenship.

dear Obie,
could you please make sure, while applying for ILR long residency same day, do i only need my treaty rights documents that after divorce from my wife , i am working continously. is that enough? or do they go in details of my ex-wife's treaty right documents as well. i have got retained rights, and personally i dont think they would ask for her paperwork. what you think? please guide

[jazzy2015]

i married here in 2009.
i married abroad in 2010.
i got divorce here on 2013.
now i want to sponsor my second wife. according to law of land i was allowed to do second marriage abroad.
what you suggest now?

Got married to same wife in 2010?

no , not same wife. i mentioned it was my second marriage.

[Obie]

You employments after divorce is insufficient.

Have you passed Life in the UK test and English language test.

You also need evidence of treaty throughout your marriage.

[Obie]

Marrying the other woman was an act of bigamy .

It could even call into question the genuine nature of the marriage that ended in 2013.

[jazzy2015]

You employments after divorce is insufficient.

Have you passed Life in the UK test and English language test.

You also need evidence of treaty throughout your marriage.

i have passed KOLL.
and i have all the employement documents after divorce. i have no employement documents to show before divorce.

dear obie, i phoned couple of times to european helpline of home office regarding EEA4 PR applications. they said to me you need to show your ex-wife's treaty rights documents till the date of divorce and from after divorce you need to show yours. is that true?

[Obie]

I may be true . Depending on your circumstances.

You case seems complex . I don't think ILR long residence will succeed.

[jazzy2015]

Marrying the other woman was an act of bigamy .

It could even call into question the genuine nature of the marriage that ended in 2013.

yes, but in some countries bigamy is allowed. one solicitor told me if bigamy is happening in such a country where you can legally marry more than one then its not a problem. becoz you are not commiting bigamy in Uk.

[Obie]

But you were habitually residence in the UK, and was married to another woman in the UK.

[jazzy2015]

I may be true . Depending on your circumstances.

You case seems complex . I don't think ILR long residence will succeed.

i have two options. PR or ILR
if you are saying ILR is not favorite one, then would you suggest me to go for EEA4 (PR)?

[jazzy2015]

But you were habitually residence in the UK, and was married to another woman in the UK.

i was resident in uk. i married first in UK, my second marriage was abroad. i married only once in uk, my second marriage was out of UK, my second wife never visited UK.

[Obie]

Well I can't make sense of your case, one thing I am sure of Is that if you don't qualify for ILR you will nor qualify for long residence and vice versa.

[jazzy2015]

Well I can't make sense of your case, one thing I am sure of Is that if you don't qualify for ILR you will nor qualify for long residence and vice versa.

Obie, i think we are confused becoz of two marriages.

ok lets keep the things simple.

i have got retained rights of residence after divorce from my EU wife.
its been already more than 5 years of my EU marriage. as well as my 10 years in uk has completed.

i have all employement documents of myself after divorce till now. and all employement documents of my ex wife from marriage to divorce.

should i go for ILR on my own basis or should i apply for EEA4 (PR)?
a bundle of thankx if you guide me plz