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Hi everyone,i have have applied for EEA4 permanent residence following divorce and after nearly 8 months the HO refuse my application with the right of appeal and the reasons is i did not submit proof of ex treaty rights at the time of divorce .i have asked UKBA to use the power to ask other governments departments for record of NI payments and income tax being paid by the EEA national.
my questions are :
1-whats best to do appeal or submit a further application for consideration and how long it takes for both?
2-if i ask for reconsideration and its refused do i have a right of appeal?i have asked cause i may try to contact my ex and get proof of exercising treaty rights?
3- do i have to pay for court fees or exempted under EU law?
hope someone will help me here and thanks

mezoued wrote:Hi everyone,i have have applied for EEA4 permanent residence following divorce and after nearly 8 months the HO refuse my application with the right of appeal and the reasons is i did not submit proof of ex treaty rights at the time of divorce .i have asked UKBA to use the power to ask other governments departments for record of NI payments and income tax being paid by the EEA national.
my questions are :
1-whats best to do appeal or submit a further application for consideration and how long it takes for both?
2-if i ask for reconsideration and its refused do i have a right of appeal?i have asked cause i may try to contact my ex and get proof of exercising treaty rights?
3- do i have to pay for court fees or exempted under EU law?
hope someone will help me here and thanks

You can tell us is detail when you married EU national and When you divorced

What was your wife doing after marriage till divorce

normally for PR application you need to send EEA national exercising treaty right

5 years after marriage ( if you are still together )

if not together then From the date of the marriage till Divorce date ( EEA national )

and Divorce date to 5 yrs completed date ( NON EU national )


What documents you submitted then ?

marriage date since 2006 enter uk 2007 applied for residence card granted 2008 after 5 years applied eea4 refused.
my ex been working all the time from marriage till oct 2011 when she been made redundant because of government cuts due to have public sector job.
dec 2011 start divorce proceeding 2012 decree absolute .so basically from oct 2011 till may 2012 she got jsa job seekers allowance but i know she still be treated as qualified person so exercising her treaty rights and one more thing she been living and working in uk more than 10 years so she already got PR but she didnt applied for it.am i right please correct me if not?
i have submit 5 years p60 wage slips and bank statements proof my full 5 years residence.anyone will help answer my questions please in first post so i can decide what to do as i only have few days to appeal.
your help much appreciated.

You should try and put the appeal through. You could also ask UKBA to reconsider, and if reconsideration fails, you can still proceed with your appeal. The

What proof did you submit of your ex wife? How many years proof , i mean what was missing?

If appealing, then use the Tribunal to help.

HO is using that rule in their favour that non eea have to prove that eea national was exercising treaty rights when divorce was in process(starting till decree absolute), i will love to hear that some one will win case against home office that after divorce no husband and wife will be good friend that eea spouse will help. Divorce means hey are not happy with each other and they don't want to live together. So how can non eea will get help from EX after divorce e.g pay slips/ p60....
This law is ridiculous,but i can't understand how come judges not feel that this is nearly impossible after divorce.

May almighty hansard your prayer have wright things
About this before this is not assept able in any country
World wide ones you divource you don't have wright
To call he-she on phone if you do that is trouble
Talkles of asking for document because must people
Are scared to fight for their wright that why ukba is doing t
All this if some one can start
It i know they will know that what they are doing is
Wrong

mezoued wrote:marriage date since 2006 enter uk 2007 applied for residence card granted 2008 after 5 years applied eea4 refused.
my ex been working all the time from marriage till oct 2011 when she been made redundant because of government cuts due to have public sector job.
dec 2011 start divorce proceeding 2012 decree absolute .so basically from oct 2011 till may 2012 she got jsa job seekers allowance but i know she still be treated as qualified person so exercising her treaty rights and one more thing she been living and working in uk more than 10 years so she already got PR but she didnt applied for it.am i right please correct me if not?
i have submit 5 years p60 wage slips and bank statements proof my full 5 years residence.anyone will help answer my questions please in first post so i can decide what to do as i only have few days to appeal.
your help much appreciated.

What was she doing during decree absolute date ? Working, job seeking ?

normally Home office require 5 years exercising treaty right for your EU national ( until decree absolute )

Thanks everyone will be in contact with a solicitor and lodge an appeal soon.i did not submit any documents about my ex .

Hello please update us what did your solicitor says?

mezoued wrote:Thanks everyone will be in contact with a solicitor and lodge an appeal soon.i did not submit any documents about my ex .

Your case should be pretty straightforward, the preceding 5 year of her employment should have sufficed, provided she had never left the UK for 2 years after that.

UKBA will not assist, except if the person had been a victim of Domestic Violence, which has been proven.