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HI,i urgently need advice on my case.
Got married 2006 september,
got resident card 2009. didn't border to apply early.
divorced 2012.
applied for retention of right april with all my documents ,including me ex 3years payslip.
refused october.
HO claim i didn't show that my wife was working at time of divorce and that i didn't submit any document,which i did.
and didnt return any of these ducuments.what should i do.pls help.

can any one pls help. guru moderator pls.
how do i get my wife's employer to confirm she is working with them ,because i believe she is still working with the same company.
or get the home office to send or return all my documents back.

Did they give you a right of appeal?

Are you sure you submitted document which show that you ex was exercising treaty rights at time of divorce?

If you did, did you take copies of these documents?

if you can answer in the affirmative to the above question, then you have a good chance of succeeding on appeal or reconsideration.

Obie wrote:Did they give you a right of appeal?

Are you sure you submitted document which show that you ex was exercising treaty rights at time of divorce?

If you did, did you take copies of these documents?

if you can answer in the affirmative to the above question, then you have a good chance of succeeding on appeal or reconsideration.

Hi thanks for your reply.
yes they gave me right to appeal.

Yes i did submit lots of documents weighing more than 1.2kg to the home office.
no i didn't take copies,my mistake.
i only have the special delivery receipt with me..
from the refusal letter ,this is what i think happen.
when i submited my application,few monthss latter i requested few of my documents back and then returned them after use.
i called home office after six months of application and told them i was going to make a complain for delays.
few days later i got the refusal.
they only spoke or talked about the documents i returned,its like they decided my case on the few documents i sent back to them and not the entire documents.

my ex is not helping,how do i get to get confirmation from her employer? or get all those documents back.
yhanks alot.sorry for the long post.

Before going down the appeal route, I would write back to the HO addressing the letter to the case worker who signed the refusal letter and ask for reconsideration of your application.

You should draw their attention to the fact that evidence alleged not to have been provided in support of the application was actually with them.

Might save you time (and money).

Well, did you supply evidence confirming that at time the decree absolute was passed, your ex was working. Such confirmation now will not suffice. You will need to establish that shortly before the divorce, when you cease from being a family member, that she was exercising treaty right.

No need to ask for reconsideration if you cant prove that or has evidence that you did sent it to HO.

you best bet is to proceed with appeal, which i believe will give you more legal certainty. You can at the tribunal ask the judge to request the HO to check your ex employment status. You may even succeed in getting a summon for her to come to the tribunal and confirm her status in the UK

I am very sorry to hear that, I do hope you appeal successful. It doesn't sound they have been reasonable.

Good luck with thing. I am sorry I have no any idea. Myself in the process of divorce after 10 years of marriage, and as we moved to other countries, I didn't accumulated enough year to apply EEA4. Just 6 months to go to be 5 years in UK, now I need to apply Retention of the right to stay soon. I couldn't find the application form on the website!

Please keep us posted!

thanks guys, you've been so helpful.
i am trying to contact my ex to see if she can help.
she is willing to help me but wouldnt because she is thinking i would take her to court if i get to know her address,as she left alot of bills for me ,includig council tax ,i did give her all the money to pay them bought she didnt ,the council to me to go to court with it that she can be ordered to pay her half of it.
i was working 12hr sometime more a day.
i just need to convince her ,(because i told her my intension before now)that i will drop the going to court issue.
If there is any other thing i could do,pls help .thanks alot guys.

Hi guyz just an update .
My appeal was heard on 18th december and got a letter saying the appeal was allowed.
and the home office was asked to give me permanent residence.and to refund my appeal fee.
thanks for all your help.

Good news.best of luck

Well done. Congratulations. A good start to the year for you.

Did you get the documents from your ex in the end.

Pls Yemi can u clear this for me I want
To know did u infom ukb when u divource
Or did u apply for another eea2 again
Pls I want to know because am confeused
Now pls pple say u need to inform ukb
When u get ur decree nise that u are
No more with ur wife pls let me know
Pls

Pls Yemi can u clear this for me I want
To know did u infom ukb when u divource
Or did u apply for another eea2 again
Pls I want to know because am confeused
Now pls pple say u need to inform ukb
When u get ur decree nise that u are
No more with ur wife pls let me know
Pls

Oke1 wrote:Pls Yemi can u clear this for me I want
To know did u infom ukb when u divource
Or did u apply for another eea2 again
Pls I want to know because am confeused
Now pls pple say u need to inform ukb
When u get ur decree nise that u are
No more with ur wife pls let me know
Pls

no yo dont have to.
let me know ur situation so i know how to advice u. because ,i regreted informing them.

I'VE GOT A PR AND I WILL BE DUE FOR BC NEXT YEAR APRIL BUT MY PROBLEM NOW IS THAT I WENT TO COURT FOR DRIVING WITHOUT INSURANCE AND WAS GIVING 6 POINTS ON MY LICENSE,,,I WAS GIVIN A FINE TO PAY WHICH I COULDN'T DUE TO FINANCIAL PROBLEMS,,,,,PLZ CAN ANYONE TELL ME IF ITS GONNA AFFECT MY APPLICATION FOR NATURALISATION NEXT YEAR OR WHEN I WILL BE DUE TO APPLY DUE TO APPLY.NB I WAS GIVIN THE 6 POINTS N FINE LAST YEAR MARCH......PLZ WILL REALLY APPRECIATE UR KIND ADVICE

yes.it will definately affect you. u have broken the good behaviour code.

I dont think so, because that is a minor offence.

drink driving, driving while uninsured ,dishonesty (for example theft)
violence or sexual offences are major and not minor offences.
but speeding is a minor offence . driving withou insurance is very very serious and major.
i am not trying to scare you but that is the truth. go to this link.
http://www.ukba.homeoffice.gov.uk/briti ... character/
then find out for urself.thanks.

Agreed. Emmyemmy you're definitely right. When did you commit the offence? If it's less than five years, then I will advise you to wait till the offence becomes spent.