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EEA2 URGENT ADVICE NEEDED PLEASE

Posted: Fri Jun 28, 2013 1:39 am
by first2013
...............

Posted: Fri Jun 28, 2013 3:01 am
by Obie
Reapplying in the circumstances of your case, will not work, as they are likely to refuse, giving the circumstances. An appeal will be most appropriate.

Posted: Fri Jun 28, 2013 7:38 am
by first2013
Thank you very much obie for the reply,so I wil go for appeal now but what are my chances to succeed the appeal pls if any one can still advice me on this and thank u all

Posted: Fri Jun 28, 2013 11:23 am
by Imshzd
Problem is your December 11 admission that you don't know where is your EEA national wife.

And you also submitted the proves of that time.So your case is not in your favour as you explained the circumstances.

Why you was arrested by the police?did your ex was the complainer?

Posted: Fri Jun 28, 2013 1:51 pm
by first2013
No it was not my ex, I was arrest because they were looking for my friend and I was one of the last people my friend speak to on phone so that is why they come to my house true my contrac phone number but I was not charge because they now find out I did't know anything about what my friend did

Posted: Fri Jun 28, 2013 2:52 pm
by Imshzd
You need a good immigration solicitor,appeal is the best option.

Posted: Fri Jun 28, 2013 8:04 pm
by Obie
The UKBA might be wrong in law.

Under EU law, you are not required to be living together under the same roof. And secondly, if they dispute any evidence the burden lies on them to prove it was not genuine.

In regards to Regulation 10(6), that is a controversial provision, as the directive does not strictly speaking require you to show you are self sufficient or exercising economic activity at the time of retention of residence. Such requirement may be necessary when you get to the Permanent Residence stage.

But credibility is the tool the want to use against you, and to justify that your marriage was not genuine, this is where the complexity come in.

But as a matter of law, the refusal is clearly unjustified.

Posted: Fri Jun 28, 2013 10:02 pm
by first2013
thanks to u all, my solicitor will lounge the appeal on monday, any more advice are very welcom

Posted: Sun Jun 30, 2013 3:46 am
by too old
when you apply for ROR One needs to prove that eea national was working or exercising her treaty rights at the time of divorce . after reading up on ur explaination i am wondering how did you prove to them that she was exercising treaty rights. AS YOU STATED you did not know of her where abouts and the relationship was on the rocks.