Post
by Zerubbabel » Thu Feb 20, 2020 9:43 pm
Hello
It's a messed up situation in the sense that the Home Office has a strong hand here.
When it comes to your sponsor exercising Treaty Rights, the burden of proof lies on your shoulders. You have to be able to demonstrate that proof when they require you to do so.
It seems like for 4 years they pushed you to somehow spend your energy on the wrong fight. Because you managed to prove that the marriage was genuine but they turn around and say "now demonstrate that she was exercising Treaty Rights". In case of separation / divorce, the EEA national doesn't want to provide his ID, payslips and other documents, so you are in a situation where you can't demonstrate anything.
You need to find documents on her name of that qualifying period you are relying upon. That could be HRMC documents, payslips, employment letters, maternity/NHS documents... that if you go to court you have in hand enough to prove that in the balance of probability she was exercising Treaty Rights. But you can't go there bare hands. You need to see what documents you have from the time you were with your EEA wife.