Permanent Residence application via EEA route

[r4012209]

Hi:
In Holland, I met a German girl in Feb 2002. We fell in love & we used to live together during her summer & winter holidays.
I returned to India in June 2004 & she also came to India in Jan 2005 & we got married (she even converted to Islam for the marriage).
She came to UK & I followed in May 2006 & received a 5 year (EEA Family Permit) Residence stamp.
Our relationship broke-down & she filed for divorce, uncontested by me, decree nisi issued in May 2010, no children
In her divorce petition, she has stated that we lived together in India for a year & also lived together in UK for a year, but we don't have any other proof of living together, except for what she said in her divorce petition (is it admissible in IAC hearing slated for 6 dec 2011?). I had taken on rent two properties, 1st, Jan-June 2007 & 2nd, Mar-Nov 2008 for us to live together but she refused
I have been working continuously in UK for the full 5 years since my 1st arrival (except for 2 short visits to India), proof as all p60s, p45s & few pay-slips submitted.
unfortunately, no documents available with me proving employment of my ex-wife.
Initially she was very friendly & promised all help, but later phoned to retract all promises. no phones & no contact with her, & unreachable too since. Her mother could be contacted, in an utmost emergency, but I'd rather not give her any more stress, if possible, regarding this issue
I have an idea of where she was working between my coming in 2006 & our divorce in 2010,
but according to the Home-Office, those employers have not responded.
I lost my passport which had the Entry-Clearance & Residence Permit stamps, but i've kept photocopies
I applied for Permanent Residence in July 2011, but it was refused, reasons, according to the "refusal letter:
1. not completeing 5 years in UK (easily disproved by photocopies of arrival stamp on my Entry-Clearance)
2. no documentary evidence to show that we resided together for atleast a year, [problem.. , except her divorce statement]
3. no evidence to show that the EEA spouse was exercising treaty rights at the time of divorce [problem.. ]
hence not qualify under regulation 10 (5) and 15 (1) (f) of immigration EEA regulation 2006, according to refusal letter"
I have appealed and my date of hearing is 6 dec 2011
any suggessions, or advice, or anything, about documents or otherwise to strengthen my presentation to the 1st-Tier Tribunal regarding refusal points 2 & 3, or any other key point would be Absolutely Hugely Appreciated.

[Obie]

There are some serious issues here, the most serious is the fact that you have no evidence of her activity prior to the divorce.

I believe the 1 year residence will be easy to prove, but the lack of evidence up to the final divorce of her treaty rights is the major issue.

Is this ex wife in the UK. Have you any idea if she is working or was working prior to divorce? There sre procedures for summoning her to court or getting the HO to investigate her tax records.

[r4012209]

Hi Obie:
Thnx a very lot for ur quick replying
"I believe the 1 year residence.." is it referencing to the time spent together?, but no documentary evidence, no joint accounts or statements, except for her statement in the divorce petition. U still think it's easy to prove,
& also, she refused to stay with me in the two properties I rented for us to live together.
Still thnx a lot for giving me hope

As stated, I have an idea of the two places where the Ex was in employment from May 2006, uptil Apr 2011, when she was finally made redundant, (decree nisi in May 2010). These 2 places cover for the entire period between May 2006 & Apr 2011, & this information was passed on to the Home-Office in the application submitted in july 2011.
During our last meeting in June 2011, she told that her pay-slips and all employment records from her final employer were stored online, no paperwork. hence no wonder, the Home-Office got only answerphone from her last employer's HR, according to the refusal letter, as the Ex had warned.
No idea if the Ex is presently in the UK now, sorry, lost touch..
I'd rather not take any help from the Ex please, if is somehow possible, hope u understand my sentiments.
It's just that I still love her immensely & it deeply disturbs me to involve her
Her mother can be contacted, but only as sorts of an utterly extremely last emergency,
"Getting the HO to investigate her tax records", as u so sweetly put it is a much much preferable option.
Thnx again for boosting my confidence. I hope to recover from the break-up, a stronger, more vibrant person

[r4012209]

Hi:
Asides aside:
I read in these columns about Subject Access Request
I was wondering if I could request a Subject Access Request for my Ex regarding her employment history..?
what would I need to request this S. A. R?
I don't know her passport details or her NI number,
but I do know her date of birth & her familial details..
And also, when we together applied for the EEA Family Permit here in UK back in 2006, we sent the application form & all documents together & she received her Residence Card at the same time as my stamp. Is it possible that she has the same Home-Office reference number as me? that might make my matter more simple..

[Directive/2004/38/EC]

You could do a SAR for your own data. Your wife would need to do her own SAR for her own data. I can not do a SAR for any other person, except with their permission.

Your solicitor may be able to force UKBA to get the information about your wife: http://freemovement.wordpress.com/2011/ ... rden-post/ and http://freemovement.wordpress.com/2011/ ... ean-cases/