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Pr after retain the rights following devorce
Posted: Tue Feb 12, 2019 2:16 am
by Jint
Hi
I married to an eea national in 2009.
Got 5 year resident card.after 4 year devorce.
Then applied for retain the rights.
Refuesd on base eea sponsor not exercising treart at time devoce with right of appeal.
Later on won the case in court and got another 5 year residence card expires in 2023.
Question is
Shall i apply for pr now under eea route
Or
Settled status with new scheme right now
Or after 30 march.
Need help please
Thanks
Re: Pr after retain the rights following devorce
Posted: Wed Mar 13, 2019 12:03 am
by Jabir314
Jint wrote: ↑Tue Feb 12, 2019 2:16 am
Hi
I married to an eea national in 2009.
Got 5 year resident card.after 4 year devorce.
Then applied for retain the rights.
Refuesd on base eea sponsor not exercising treart at time devoce with right of appeal.
Later on won the case in court and got another 5 year residence card expires in 2023.
Question is
Shall i apply for pr now under eea route
Or
Settled status with new scheme right now
Or after 30 march.
Need help please
Thanks
Hi
I had the same case my ex wife wasn’t execercising her treaty rights by the time of divorce. She left job 8 September and my divorce proceeding start 14 September. And judge dismissed my appeal considering my ex-wife wasn’t exercising her treaty rights at the time of divorce proceeding initiate.
I’ve 14 days to ask permission to appeal upper tribunal. I don’t know what to do very confused. Need help.
Many thanks guys.
Re: Pr after retain the rights following devorce
Posted: Wed Mar 13, 2019 7:59 am
by Obie
Why did she quit job?
It is a relatively short time for judge to hold this against you.
Re: Pr after retain the rights following devorce
Posted: Sun Mar 17, 2019 12:27 am
by Jabir314
Obie wrote: ↑Wed Mar 13, 2019 7:59 am
Why did she quit job?
It is a relatively short time for judge to hold this against you.
Thank you Obie for replying
She said to me she was leaving the country. But now I’ve contacted her and she said she was self-employed from 1st September. So you think I ask for permission to go to upper tribunal or submit a fresh application because now it’s been 5 years from our marriage.
Regards
Jabir
Re: Pr after retain the rights following devorce
Posted: Fri Jul 05, 2019 10:11 pm
by Jabir314
Jabir314 wrote: ↑Sun Mar 17, 2019 12:27 am
Obie wrote: ↑Wed Mar 13, 2019 7:59 am
Why did she quit job?
It is a relatively short time for judge to hold this against you.
Thank you Obie for replying
She said to me she was leaving the country. But now I’ve contacted her and she said she was self-employed from 1st September. So you think I ask for permission to go to upper tribunal or submit a fresh application because now it’s been 5 years from our marriage.
Regards
Jabir
Hello guys any one have idea what I can do now?
Thank you
Re: Pr after retain the rights following devorce
Posted: Fri Jul 05, 2019 10:25 pm
by Obie
Have you obtained new evidence that confirm that at the time you filed the divorce in Court, she was a self-employed person?
Re: Pr after retain the rights following devorce
Posted: Fri Jul 05, 2019 10:54 pm
by Jabir314
Obie wrote: ↑Fri Jul 05, 2019 10:25 pm
Have you obtained new evidence that confirm that at the time you filed the divorce in Court, she was a self-employed person?
Yes I’ve got HMRC letter and tax return
Re: Pr after retain the rights following devorce
Posted: Fri Jul 05, 2019 11:12 pm
by Obie
You may have a better prospect now, in the light of the availability of those evidence, and depending on the findings of the tribunal.
Re: Pr after retain the rights following devorce
Posted: Sat Jul 06, 2019 8:02 am
by Jabir314
Obie wrote: ↑Fri Jul 05, 2019 11:12 pm
You may have a better prospect now, in the light of the availability of those evidence, and depending on the findings of the tribunal.
When judge refused my appeal and I apply for permission to appeal in upper tribunals on 14 March 2019 and still didn’t hear anything back. How long does it take to grant permission to appeal in upper tribunals? And can I send these supporting documents to the same judge which one will be giving permission for upper tribunals. Thank you Obie
Re: Pr after retain the rights following devorce
Posted: Sat Jul 06, 2019 10:02 pm
by Jabir314
Jabir314 wrote: ↑Sat Jul 06, 2019 8:02 am
Obie wrote: ↑Fri Jul 05, 2019 11:12 pm
You may have a better prospect now, in the light of the availability of those evidence, and depending on the findings of the tribunal.
When judge refused my appeal and I apply for permission to appeal in upper tribunals on 14 March 2019 and still didn’t hear anything back. How long does it take to grant permission to appeal in upper tribunals? And can I send these supporting documents to the same judge which one will be giving permission for upper tribunals. Thank you Obie
Many advice guys ??? Please
Re: Pr after retain the rights following devorce
Posted: Sat Jul 06, 2019 10:18 pm
by Obie
You may contact the tribunal to establish the reasons for the delay or the progress of your application.
Re: Pr after retain the rights following devorce
Posted: Wed Jul 17, 2019 2:56 pm
by Jabir314
Obie wrote: ↑Sat Jul 06, 2019 10:18 pm
You may contact the tribunal to establish the reasons for the delay or the progress of your application.
Hi Obie
Ftt refused my application for permission to upper tribunal. Now I have 14 days to apply direct to upper tribunals asking for permission. I want to know can I apply fresh application for retain rights as I’ve my ex wife employment history and she have got settle status as well.
Thank you
Re: Pr after retain the rights following devorce
Posted: Wed Jul 17, 2019 4:08 pm
by Obie
The criteria for retention is different for settled status. Your ex may have acquired settled status, but for that, she did not require exercise of treaty rights for a period of 5 years.
Re: Pr after retain the rights following devorce
Posted: Wed Jul 17, 2019 5:55 pm
by Jabir314
Obie wrote: ↑Wed Jul 17, 2019 4:08 pm
The criteria for retention is different for settled status. Your ex may have acquired settled status, but for that, she did not require exercise of treaty rights for a period of 5 years.
You think I can apply fresh application for retain rights.
many thanks
Re: Pr after retain the rights following devorce
Posted: Wed Jul 17, 2019 6:19 pm
by Obie
All depends on the strength of the case. How did you pursue a case up to upper tribunal if the grounds were not strong.
Re: Pr after retain the rights following devorce
Posted: Wed Jul 17, 2019 7:16 pm
by Jabir314
Obie wrote: ↑Wed Jul 17, 2019 6:19 pm
All depends on the strength of the case. How did you pursue a case up to upper tribunal if the grounds were not strong.
I’m going to put now to upper tribunals. It was ftt who refused my permission to upper tribunal.
Re: Pr after retain the rights following devorce
Posted: Wed Jul 17, 2019 7:18 pm
by Obie
Need to follow closely on whether the judge was correct in the law, otherwise permission may be refused again.
Re: Pr after retain the rights following devorce
Posted: Wed Jul 17, 2019 9:12 pm
by Jabir314
Obie wrote: ↑Wed Jul 17, 2019 7:18 pm
Need to follow closely on whether the judge was correct in the law, otherwise permission may be refused again.
Can I put fresh application ?