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The EEA saga continues (EEA PR) -- HO playing games --

Posted: Tue Jun 16, 2009 5:47 pm
by Morpheo
For those who are not familial with my experience so far, please check the following: http://www.immigrationboards.com/viewto ... 2&start=20

Hi All,

It is time again to endure a new challenge with the HO. The time has come to apply for my EEA PR.

I had contacted the previous case worker about the best way to apply for my PR and what is needed as supported document for someone who has retained the right of residence after divorce and has lived in the UK for a continues 5 years exercising the treaty right.

Here is the big surprise and I hope this information would help anyone who intends to apply.

The home office has informed me that I will need evidence that my ex spouse was exercising the treaty right during the period we were married (3 years and 4 months) and evidence that I was exercising the treaty right from the date the divorce became absolute.

To be quite honest, I have no idea how to supply the evidence for my ex as we have lost contact and I don't even know where she is.

I cannot ask for this evidence from HM Revenue & Customs nor her previous employer because of the data protection act.

Good news, I still have the previous letter from her employer that covers from 2006 till 2008 (letter supplied to the HO as evidence of my ex spouse was exercising the treaty right at the time of divorce).

Bad news, I still need to fill the 2 years gap because I was married on June 2004.

While sitting frustrated and not knowing what to do, I recalled that my ex wife applied for her PR, she supplied evidence of her exercising the treaty in the form of P60, and it was granted to her on January 2006.

I was looking into my archived files and I found a letter from the HO addressed to my Ex spouse confirming that she was granted the PR. the letter is dated as 30 January 2006

So, if I am not mistaking and if my logic is right, to prove that my ex spouse was exercising the treaty right from June 2004 till October 2007 I could provide:

1- Letter from the HO dated on the 30 January 2006 which confirms that my ex obtained her PR (this will cover from June 2004 till 30 January 2006)

2- And, My ex-spouse employement letter supplied to me last year which mentions that she was working with the new employer from 25 January 2006 till May 2008 ( this will cover from 2006 till October 2007)

What do you think guys?

M

Posted: Wed Jun 17, 2009 5:06 pm
by irakra
Hi Morpheo,

Thanks for keeping us updated.

I think they don't need documents about your ex. They already asked for that when you applied for retention of rights. So they gave you this response, I believe, as if you didn't apply for retention. If they issued you with this 5 year new visa, then you can apply for PR after it expires on the grounds that you have retained your rights and lived in the uk for 5 years after divorce.

That is my understanding. Otherwise, what's the point to apply for this retention, if you still would have to contact you ex after 5 years, that is nonsense!!!
Another question is why on earth they need the same documents regarding your ex, like proof of excercising the treaty rights from you, if they have just seen them recently?? I think you need to contact them again and clear this. Or even complain to the North West serice, like you did before.

Thanks

Posted: Wed Mar 03, 2010 12:47 pm
by Morpheo
Hi All,

Good news, today I received my documents back with the PR affixed to my passport.

To give an insight.

• I applied for PR on the 20/08/2009
• COA a week letter
• I requested my passport back to travel in December
• Home office called me 18 of Feb informing that my application was successful and requesting passport back.
• I sent the passport on the 19th of Feb
• All documents back today with PR

Next: In 3 months time will start the naturalisation process

M

Posted: Wed Mar 03, 2010 10:58 pm
by El shaddai
Congratulations.

Posted: Thu Sep 02, 2010 9:17 pm
by Morpheo
Hi All,

At last the journey has finally come to an end and I have finally obtained my naturalisation certificate.

I have applied for naturalisation on the 6th marriage anniversary. The NCS somehow was lacking the knowledge and requetsted me to wait till Fev 2011 because my PR was issued on Fev 2010. but against all odds I requested her to submit my application an take my chances.

Application came back succeful after a 5 weeks wait.

I hope this experience helps.

M

Naturalisation

Posted: Tue Sep 21, 2010 8:27 pm
by nanaaddo80
Hi Morpheo,
Could you please let me no what docs you added to the form AN. Did you add any P60 at all?
Thanks