Evidence of Treaty Rights from Non-EEA for PR

[coolcalm]

Hi all,
Your advise is needed on this.

Married in 2003. Got 5 years July 2005. Got problem with wife and she wouldn't help me to apply for PR. I Initiated divorce in May 2009. Submitted my EEA4 application on my own and informed HO that I have initiated divorce. My application was returned in July 2009 with a request to produce Decree Absolute.

I got decree absolute in Jan 2010 and resubmitted application mid Jan 2010 with proof of ex working docs for 5 years. Payslips, p60, bills etc.


The HO has again returned my application with a request that I should provide evidence of me Exercising Treaty rights. The letter reads:

"Your applications requires additional supporting documents in the following area(s):-

Evidence of Exercising Treaty Rights in The UK(D) - Please provide recent evidence for Mr ...."

Do I need to provide this proof? I thought they would only require the docs for my ex up till the period of Divorce, which I have already produced.

Please advise.

[Ben]

Married in 2003.

When did you take up residence in the UK with your EEA national spouse?

[coolcalm]

Married in 2003.

When did you take up residence in the UK with your EEA national spouse?

As stated above, in July 2005.

[Ben]

Married in 2003.

When did you take up residence in the UK with your EEA national spouse?

As stated above, in July 2005.

It's not stated above. What's stated above is "Got 5 years July 2005." So you moved to the UK in July 2005, correct?

[coolcalm]

Married in 2003.

When did you take up residence in the UK with your EEA national spouse?

As stated above, in July 2005.

It's not stated above. What's stated above is "Got 5 years July 2005." So you moved to the UK in July 2005, correct?

Sorry, I moved to the UK in 2003, got married same year. My ex got residency confirmed in 2004 but mine was delayed until 2005 due to passport issue.

[Ben]

Ok, so you moved to the UK in 2003 and got married later in the same year. Got it.

Assuming your spouse was exercising a Treaty right in the UK from between when you got married and the same month in 2008, you acquired the right of Permanent Residence on the latter date (your 5th wedding anniversary).

To answer your questions, in order to receive a Permanent Residence Card you need to prove that you and your spouse were resident in the UK from when you got married in 2003 until the same date in 2008. You also need to prove that your spouse was exercising a Treaty right in the UK during this time.

What happened after your 5th wedding anniversary does not matter. I am referring to your / your spouse's economic activities as well as to your marital status.