Retention of right of residence or Article 8 Claim

[legomonster]

A brief over view of my very complicated immigration history,

Arrived in the UK in July 2006 on a student visa which was valid for a year when i was only 17 years old.

Married an EEA (Slovakian) National in August 2007.

Got a 1 year visa in October 2007 while my spouse was on the Workers Registration Scheme

Applied for EEA2 in October 2008

Got my EEA2 residence permit valid for 5 years in November 2009

Marriage ended in March 2012. Through out the time we were married my ex wife initinally worked for 2 years and then become a student. This is where the problem arises as the medical insurance policy we had wasn't comprehensive.

Married a British national in April 2012 and applied to switch my visa over to a family member of a person settled in the UK.

My application got rejected in February 2013 after a years wait.

Applied for JR and the judge ordered UKBA to consider if i retained my right of residence.

I received a letter from UKBA in August 2013 asking for proof of my ex spouse exercising her treaty rights. I sent through all her doucments in my possession.

UKBA revoked my EEA2 visa stating i havent responded to their letter even though i did by recorded delivery.

I filed an appeal in the first tier tribunal and was given 21st of July 2014 as the hearing date. In the mean while i lost my job because my visa got revoked and used up all my savings in legal fees which put alot of strain on my second marriage which resulted in a break down of my second marriage. My wife and I are currently separated.

Went to my hearing on the 21st of July 2014 and the Home Office withdrew their decision as soon as the hearing started and decided that they will reconsider their decision based on my documents in their possession.

Now i know for a fact that my sickness insurance wasn't comprehensive and the UKBA is going to revoke my visa again.

I have spent a total of 8 years in this country 1 year on student and 7 on EEA spouse visa which is still valid until October 2014. I have never taken benefits and have no criminal history not even a speeding ticket, i have worked for the NHS throughout this time period, I have strong ties to the community here in the UK and I have never been back to my country of origin since i came to the UK 8 years ago. I hail from a conservative society and because i married out of my religion and ethnicity and subsequently change my religious beliefs, i have been disowned and threatened by my family in my home country and therefore have no place to go back to. I have 2 brothers in the UK who i live with, one is a british national and the other has indefinite leave to remain.

I have used up all my savings and my matter has been pending with the UKBA for over 2 years. Its impossible to work with out my passport and i am losing my sanity.

My question is should i continue fighting the UKBA and hope that a judge might give me discretionary leave based on article 8 right to family and private life a year down the line. Do you guys think i have a case or should i just pack my bags and leave? Any help would be much appreciated, thanks !

[Obie]

They may want to issue you something which may explain why they felt the need to withdraw their decision.

If you retain your right, then no need to rely on article 8.

It is a shame that you lost so much on this.

[Imshzd]

A word Comprehensive health insurance is not necessary to be written on the policy papers.
Any private health insurance which cover in majority of circumstances is good enough with the support of bank statements.
If you already sent it to HO then I think you will definitely retain your rights in the UK.

[legomonster]

Thank you for getting back to me guys!! really appreciate the input

Obie- They withdrew their decision because they accepted that they had failed to consider the documents i had sent them, now they are in the process of considering my documents. I have a feeling once they have finished considering my documents, they will revoke my visa again, that's why i am trying to ascertain if i can rely on an article 8 claim keeping in mind the new rules governing article 8 claims brought in from July 2012.

Imshzd- I continued using the policy i had taken out from my country of origin when i came here as a student, all i did was add my ex-wife on the policy. It says travel health guard on the policy paper and the cover it provide is very limited compared to the cover provided by UK based health insurance providers. Keeping in mind the judgment relating to Baumbast case law (http://asadakhan.wordpress.com/2014/07/ ... #more-4503) , is it possible to argue that my circumstances are exceptional as i had some insurance cover and also worked for the NHS for the entire period i was married to an EEA national, hence i wasn't a burden on the host state or the NHS.