Help!!!!!!!!!! EEA PR Refusal

Hi guys,
My application for permanent residence was recently refused on the basis that my ex partner was not exercising treaty rights. Just tell you a brief history of my case is as follows:

We got married on the 16/11/2011 and I had my 5 years from March 2012-March 2017. We had our son in May 2012, then separated in 2013 when she she started taking job seekers allowance from June 2013-July 2013.
We got divorced in August 2015, then I was advised by a solicitor to apply for permanent residence base on retained right of residence. In my application the lawyer also used the "Zambrano " example to support my application. He also made mention of the fact that my ex partner could not work because my son who is autistic needs wrong the clock care.

Unfortunately my application was refused on the basis that my ex partner has not been exercising treaty rights, but I was given a chance to appeal. My ex partner is not cooperative at all, she will be happy if I am out of the country.
I have been paying towards my son's up keep and use to have contact with him until lately I have applied for a contact order to see him because she has moved to Scotland.

Please please can anyone help on what to do next that is, what grounds should I use during my appeal and any other routes I could use to regularize my stay.

The lawyer seem really confused.

How is he conflating Retention of Residence and Zambrano, they are 2 different things.

I am not surprised that you were refused.

Hi Obie,
So what do you propose I do please, your help is much appreciated.
My appeal is in August, I am really confused.

How has your wife been surviving?

Has she been receiving benefits? do you have access to your child?

yes she has been on benefit due to my sons condition she has not been able to get work i also pay child support weekly.we had an agreement for visitations and stay overs for the child but lately she has not been respecting that so i have applied for a contact order its still pending

hi,
really sorry about your refusal, however your circumstances same as me and dates are as well just 2 3 months difference.

I married with my ex in jan 2011 and had son in septemeber 11.
seapreated in may 2012
then divorce July 2015.
untill divorce she was ok and I oftenly see my son in 2 3 months. but after divorce she didnt let me see him.

other side after divorce I applied ROR (Retain of rights) and got it in January 2016 for 5 years.
then I completed my 5 years of marriage and applied for PR which refused by HO as they belive that my marriage was not genuiun (funny enough "as they already issue me a ROR RC on base of same documents).

As my ex didnt let me see my son I did apply for court order which I got in almost 3 months. then I also recieved child maintaince ornder from HMRC so now I have hearing in october 2017 and i belive these are enough documetns to prove that my relationship is geniun.

you side, when you will get this contact order, you will have right to apply of base of your child and (i belive) you dont need to present any of your ex doucments.

ndejude234 wrote:yes she has been on benefit due to my sons condition she has not been able to get work i also pay child support weekly.we had an agreement for visitations and stay overs for the child but lately she has not been respecting that so i have applied for a contact order its still pending

Is the agreement a formal or an informal one.

When exactly did your wife enter the UK, for her to receive benefits, she must have a right of residence. It is possible she may had acquired the right of permanent Residence.

Otherwise, you may have to rely on Human rights. Zambrano is unlikely to work in my opinion.

Is the agreement a formal or an informal one.

When exactly did your wife enter the UK, for her to receive benefits, she must have a right of residence. It is possible she may had acquired the right of permanent Residence.

Otherwise, you may have to rely on Human rights. Zambrano is unlikely to work in my opinion.[/quote]


Hi Obie,

The agreement is informal but we both have our signatures on it, and prior to that I tried mediation but she didn't attend. She came to the UK in 2007 and worked from 2008 till June 2013 when she started receiving job seekers. Then from July 2013 till present I don't know the type of benefit she is receiving. With regards to her right of residence I don't know if she has it, she has an EEA passport.
I am so so confused so please help me if you can.

really sorry about your refusal, however your circumstances same as me and dates are as well just 2 3 months difference.

I married with my ex in jan 2011 and had son in septemeber 11.
seapreated in may 2012
then divorce July 2015.
untill divorce she was ok and I oftenly see my son in 2 3 months. but after divorce she didnt let me see him.

other side after divorce I applied ROR (Retain of rights) and got it in January 2016 for 5 years.
then I completed my 5 years of marriage and applied for PR which refused by HO as they belive that my marriage was not genuiun (funny enough "as they already issue me a ROR RC on base of same documents).

As my ex didnt let me see my son I did apply for court order which I got in almost 3 months. then I also recieved child maintaince ornder from HMRC so now I have hearing in october 2017 and i belive these are enough documetns to prove that my relationship is geniun.

you side, when you will get this contact order, you will have right to apply of base of your child and (i belive) you dont need to present any of your ex doucments.


Hi,
Thanks for sympathizing with me as dealing with immigration is quite stressful.
If you don't mind me asking was your wife on benefits?
Also what are the documents you submitted to the Home Office when applying for your ROR?
I will be very grateful if you can answer these questions, thanks in advance for your help. I am also in the process of applying for a court order but it is taking a while and I don't think I will have it before my appeal in August.

hi,

Yes she had benifites in past which i mentioned in ROR application but I didnt know that how much she recieved and what date she recieved.

I sent all of her and mine documents since we live together till the end of divorce. almost 4 years.

however again, if you will recieve your contact order... belive me your will win your appeal (with grace of GOD). If you have a kid here court will consider your application on different sides. I recieved my court hearing for contact to my child in 2 months so you will recieve soon as well.

Best of luck

ALIADNAN770 wrote:hi,

Yes she had benifites in past which i mentioned in ROR application but I didnt know that how much she recieved and what date she recieved.

I sent all of her and mine documents since we live together till the end of divorce. almost 4 years.

however again, if you will recieve your contact order... belive me your will win your appeal (with grace of GOD). If you have a kid here court will consider your application on different sides. I recieved my court hearing for contact to my child in 2 months so you will recieve soon as well.

Best of luck

Hi,
Thank you very much for the support, I hope by God's grace I will get the contact order before my appeal in August.