EEU Spouse --Application for PR Rejected- Urgent Help

Hi dears,

I moved uk on student visa in jan 2004. I got married with a Swedish national and HO given me five years resident permit. After three years of marriage, my wife left UK and proceeded divorce from Sweden. While I stayed in UK and I was told from this forum that,

http://www.legislation.gov.uk/uksi/2006 ... on/10/made

“Family member who has retained the right of residenceâ€

Do they say why the application was rejected? If so, please tell us!

How was your (ex-)wife exercising Treaty Rights in the UK? And however she was doing that, can you prove it?

John wrote:Do they say why the application was rejected?

UKBA wrote me that, my Certificate of divorce was not original- They thought I sent them only photocopies- Its not True I actually send them original Certificate of Divorce with english translation because it was in swedish.

Also they said that my ex wife was not exercising her treaty rights at the date of the divorce....
They also said that i didnt provide sufficient documents that we had been living together for at least a year in the 3 years of marriage.
If so, please tell us!

How was your (ex-)wife exercising Treaty Rights in the UK?
She was working and living with me together. And however she was doing that, can you prove it?[/quote] I have a P60 and also wage slips from her employment. I also have an employer letter notifying her of a successful application. The wage slips are dated 2006. After this she kept visiting sweden for the purpose of her education. Then she started a pharmacy job in 2008 for which i have a letter confirming this.
She moved back to sweden on october 2008... she started divorce proceedings immediately.
The divorce was settled within a year.

She had right to move sweden at anytime and law is very straight that if couple HAD LIVED for one year in uk during their three years of marriage before termination.

Was the only reason given that the Divorce Certificate was not the original? What were the exact words that UKBA used?

Why did you send them a translation of the Divorce Certificate? Was it an officially done and notarized translation?

The UKBA said 'You have provided a photocopy of the original Swedish document. This cannot be relied upon as evidence that you are divorced as claimed'

I sent them the original PLUS an english translation and it was an official translation which was sent with the original documents. It is obvious it was the original one and not a copy so i dont understand what they want.

If that is the ONLY reason they gave, then why not appeal?

I have not read the whole letter they sent you, but you might explain in your appeal that UKBA failed to properly examine the divorce certificate you submitted: that it was the original in Swedish, and that you ALSO submitted a notarized English translation (for their convenience).

You might also request that UKBA provide expert resources who can authenticate Swedish divorce certificates.

I am not sure of the protocol in these things, whether you should submit again WITH your appeal the original and the translation, or submit solicitor notarized photocopies of each and then take the originals to the appeal hearing.

Since the issue depends on the documents being original, I would definitely attend the appeal hearing yourself with the documents. Or send a solicitor/barrister in your place.

it was NOT only defined reasons from UKBA. they also objected,

Also they said that my ex wife was not exercising her treaty rights at the date of the divorce....

which I cant understand, LAW is require couple to live at least one year out of three in UK and non-EU spouse is pursing economic activities

UKBA wrote that "you have submitted insufficient evidence that you are resided in the UK fort he period of one year with your former family member. You have submitted various utility bills in your own name but insufficient evidence that your former family member was residing with you"

Also

"you have submitted no evidence that your sponsor was a qualified person in the uk at the time of termination of your marriage in sep 2009. you have submitted an employers letter from a pharmacy which states your former wife was working there for a month until sep 2008 which she left without notice. you also submitted p60 in her name until april 2006. you have submitted no further proof of this"

[/i]

Well you need to have submitted proof that, as UKBA says, your wife had been a "qualified person" in the UK (e.g. working), and that you had been living with her. Sounds like it was a bit fragmentary...

Do you have more evidence of her working? Did she pay taxes the whole time? You solicitor can help with getting some information: see http://freemovement.wordpress.com/2011/ ... rden-post/ and http://freemovement.wordpress.com/2011/ ... ean-cases/

Do you have more evidence that you were living together? e.g. bills for each of you to the same address, council tax receipts, photos of you together, airline receipts from your holidays together, ....

I have evidence that she was working with P60 and wage slips and letters from employers. These were all under her NI number so she was paying her taxes. Obviously there was a gap in her employment history when she would return to Sweden for her education purposes...

Most of the pictures i had i have deleted because it was a while a go and i have since re-married... With regards to letters and bills as such, before she left she took quite a lot of things with her which i didnt question because i was under the impression that she was coming back. I do have a choronology of events from the day we married to the day the divorce came through which has exact/approximate dates and events that occurred in the marriage. I can send that you in an e-mail if you like so you can have a look.

I do have some of her bank statements etc

There is no need to actually live TOGETHER at the same address in uk. DIATTA judgement 1965 i think and many cases confirming that. As long as eea is in uk exercising treaty rights, u can live in different cities for all u like.

The bigger concern is that ur wife u said left to study in Sweden? U have to understand that for ur pr app to succeed she must have been exercising tr rights throughout the divorce procedure from beginning to end. If she left to study at any point during the divorce proceedings, u couldnt really qualify to retain ur rights in the first place. Dates when she left to study, were u still married then?

She resided in the UK during the marriage and exercised her treaty rights... she would only visit Sweden for a week or as far as I know, according to the law she is permitted to do so.

She started job in 2008, worked for three months. She started divorce proceedings when she left me for a 'holiday' to sweden and she didn't return to the UK during the whole divorce proceedings. It was all done through mail.

I kept working all the time in UK, our marriage last over three years fulfilling article 10-5-d-i.....

what you think now?

I think they have rejected you for three reasons. An appeal would likely have to address the documentation provided in each, assuming you qualify.

If you have timely access to and can afford a good immigration-experienced solicitor, I suggest you talk with them to help structure the appeal.

I dont know of any good immigration solicitors locally (Manchester are), and the ones i have spoken to know very little or almost nothing about EEA laws....

Do you have any recommendation?

difficult_guy wrote:Do you have any recommendation?

I wish...

Directive/2004/38/EC wrote:

difficult_guy wrote:Do you have any recommendation?

is there anybody else who knows of any expert solicitors in manchester area about EEA laws.....