Retained leave to remain refused ex wife treaty rights?

[Pakistanmgh]

Hi, just a little bit of advice please.
I had a residence card on behalf of my wife at that time and after 4 years (2016) we got divorced. During the divorce process immigration revoced my visa and I've been backwards and fowards to courts to prove that the marriage was genuine. Finally, after almost 4 years in October 2019 I won the case against the home office and I've applied for the rentained leave to remain. Today I just received the refusal and the reason is that I can't prove that my ex wife was exercising the treaty rights. She is working and at the time of the divorce she was getting the maternity pay but I have no way to get a proof for that as she is long time gone now and when I contacted her on the phone she refuses to talk to me. Someone that appealed and won the case? After four years is getting a little bit tedious

[Zerubbabel]

Hello

It's a messed up situation in the sense that the Home Office has a strong hand here.

When it comes to your sponsor exercising Treaty Rights, the burden of proof lies on your shoulders. You have to be able to demonstrate that proof when they require you to do so.

It seems like for 4 years they pushed you to somehow spend your energy on the wrong fight. Because you managed to prove that the marriage was genuine but they turn around and say "now demonstrate that she was exercising Treaty Rights". In case of separation / divorce, the EEA national doesn't want to provide his ID, payslips and other documents, so you are in a situation where you can't demonstrate anything.

You need to find documents on her name of that qualifying period you are relying upon. That could be HRMC documents, payslips, employment letters, maternity/NHS documents... that if you go to court you have in hand enough to prove that in the balance of probability she was exercising Treaty Rights. But you can't go there bare hands. You need to see what documents you have from the time you were with your EEA wife.

[Pakistanmgh]

Hi, thank you for your reply.
THe situation is really messed up honestly. I have the proof that she was working when we were together until 2015 and I've already submitted those and nothing. I've sent her passport and 3 years of tax returns but nothing for 2016 as we weren't together. We were still together in March 2015 and that was when the 3 years were up. She has moved on and obviously doesn't want to talk to me. If I had the chance to do this when I got divorced things would of been different but all this years gap made a huge difference in my case.
I spoke to my solicitor to appeal the refusal as it is data protection, I can't access an information that is private to someone right?

[Wincel17]

hello the same thing happened to me after they revoked ,I got it back from the appeal and refused again time of permanent residence, I appealed again and the

[Pakistanmgh]

hello the same thing happened to me after they revoked ,I got it back from the appeal and refused again time of permanent residence, I appealed again and the

And then what happened? I really would like to know. Another option is that I marry my fiancee and apply the visa on her behalf. We wanted to wait for my visa to come through because If I marry her without visa they might detain me on the wedding day isn't it? Everything is so confusing honestly

[Obie]

You could seek an Amos direction when the matters goes to the court and ask the tribunal to direct the Home Office to obtain her tax documents from HMRC.

[Pakistanmgh]

You could seek an Amos direction when the matters goes to the court and ask the tribunal to direct the Home Office to obtain her tax documents from HMRC.

Thank you very much. I am going to appeal and let's see how it goes