EEA4 refused under Regulations2006,10(5), 15(1)(b), 15(1)(f)

[buxgvs]

It would be truly thankful, If you advise me on following EEA4 issue,

This is tragedy story of my life ( Must Read It )

I am non-eea national, got married a eea national man on 2007 and came to UK by February 2007 with 6 month visa then applied for visa and got it by June 2007 (5 years visa). after few months later he left me alone since then i have no connection with him but I am still under his family name and have not get DIVORCE yet ( some people said that he got married another lady and live in another country with that lady, but i don't really know about that)

I applied for Permanent Resident Card (EEA4) through Solicitor on September 2012 and got refused, asked me to leave the UK or appeal under one or more of the following ground/s

1. The decision is not in accordance with immigration low
2. The decision is unlawful because it racially discriminates against you
3. The decision breaches rights which you have as a member of an EEA natioal's family under Community Treaties relating to entry to or residence in UK
4. A discretion under the immigration rules should have been exercised differently
5. The decision is otherwise not in accordance with the law.

(which is /are possible for appeal?)

My application has been considered from two assessment point which are( my solicitor has stated on the covering letter as MY marriage has broken down due to DOMESTIC VIOLENCE)
1. I am the spouse of an EEA national exercising treaty rights.
2. I am applying for retained rights following the breakdown of my marriage due to domestic violence.

Reasons for Refusal

1. It is noted that you have provided no evidence of how your EEA sponsor was exercising Treaty rights in UK from 2007 - 2013 ( I have no connection with him then how is it possible?)
Therefore, it has been decided to refuse to issue the confirmation that you seek with reference to Regulation 15 (1) (b) of Immigration (EEA) Regulation 2006.

2. Accordance with Regulation 10 (5) , Regulation 15 (1) (f) of Immigration (EEA) Regulation 2006 following information required
a). Evidence your marriage lasted for at least 3 years and that you and your former spouse resided in UK for at least 1 year during your marriage.
b). Evidence that you are currently in employment, self employment or economically self sufficient as if you were an EEA national.
c). Evidence that your EEA former spouse was exercising free movement rights in UK at the time of divorce ( how can i get this even if i could get divorce? because he is not in UK now)

3. you have not completed 5 years residency in UK according with those Regulations

4. you have failed to provide DIVORCE certificate to meet the criteria of Regulation 10(5)(a).

I have attached following documents with my application
1. Covering Letter from Solicitor
2. My Passport
3. Photo copies of sponsor ID (fortunately i have at least this one)
4. Marriage certificate
5. letters from employers and wage slip for 2006 for my sponsor, his bank statment copy for 2006( my former spouse)
6. my P60's- 2009/10/11/12 ( I have being worked since December 2007)
7. my current tenancy agreement and 2007 tenancy agreement ( at the time we were together)

Thats all

PLEASE HELP ME AND ADVISE ME

How can i get Permanent Resident Card? Is it Possible. I already spent huge amount of money for this.

I would thankful you all till i live in this country, If you help me

Thank you in advance

[Imshzd]

If your husband(EEA national) resided in the UK from 2007 to 2012 as a qualified person then you can ask to HO to check his record in HMRC.

But as you said that he is living in another country so this option is useless.Unless excercing treaty rights in another EU member state.(may be helpful).

Now come on your retain rights on residence under the shed of domestic violence.

If you have any proof of domestic violence such as police report or court protection order etc then you can easily secure your status by providing these documents.


If you don't have any proof of domestic violence then this point is also useless for you.


What you said,I personally feel then under EU regulations you are unable to secure any status.

You can try your luck under article 8.

[buxgvs]

If your husband(EEA national) resided in the UK from 2007 to 2012 as a qualified person then you can ask to HO to check his record in HMRC.

But as you said that he is living in another country so this option is useless.Unless excercing treaty rights in another EU member state.(may be helpful).

Now come on your retain rights on residence under the shed of domestic violence.

If you have any proof of domestic violence such as police report or court protection order etc then you can easily secure your status by providing these documents.


If you don't have any proof of domestic violence then this point is also useless for you.


What you said,I personally feel then under EU regulations you are unable to secure any status.

You can try your luck under article 8.

Thank you for your reply

If I apply for divorce now what will happen? can you give me the link of article 8?
Are there any options that i can securely apply for PRC?
thank you in advance

[Imshzd]

As you said that you are not yet divorced.


So try to contact your husband and ask him to provide you his Originsl I'd and his current UK treaty rights.

Once you get this then apply EEA 2 Again.


That is the simple way to secure your status.

Otherwise lots of mass and nothing to gain.

[buxgvs]

There is no connection with him and i dont really know where is he living for last five years

[Obie]

Firstly, i believe the refusal justified for the following reasons:

1. There is no retention of residence because their is no divorce. Therefore Reg 10(5) is not engaged.

2. Regulation 15(1f) is not engaged because you have not retained your right of residence, so no question of securing Permananent Residence on the basis of having retained residence.

3. You cannot qualify under 15(1b) because you are unable to show that the EEA national was exercising treaty rights from Feb 2007 to Feb2012.

Therefore, except you can find this person, or have evidence that the person is still in the UK, the question of PR is not engaged.

[buxgvs]

Firstly, i believe the refusal justified for the following reasons:

1. There is no retention of residence because their is no divorce. Therefore Reg 10(5) is not engaged.

2. Regulation 15(1f) is not engaged because you have not retained your right of residence, so no question of securing Permananent Residence on the basis of having retained residence.

3. You cannot qualify under 15(1b) because you are unable to show that the EEA national was exercising treaty rights from Feb 2007 to Feb2012.

Therefore, except you can find this person, or have evidence that the person is still in the UK, the question of PR is not engaged.

Hi Obie,
Thank you for your valuable time on this issue
Could you please advise me how can i deal this matter. because my solicitor got money form me to appeal.

Are there any other way to get PRC?

advised me that, IF i managed to legally remain in UK for another 3 years(Totally 10 years) continually , can I apply for PRC then?

Thank you in advanced
Buxgvs

[Obie]

It is difficult to comment. I dont really understand what your solicitor was doing, apply under those provisions, when he should have known you don't qualify under them.

I really don't know on what basis he is appealing.

He said there was domestic violence. Firstly, to qualify under domestic violence, there must be a divorce, which does not exist in this case, as far as i understand, secondly, you have no police report or other evidence indicating you were a victim of domestic violence.

In the absence of evidence that this individual was in the UK for 5 continuous years, prior to departure, if he has indeed departed, or in the absence of evidence that he is still in the UK, then pursuing an appeal is doomed.

The lawyer will me seeking to exacerbate the difficult financial position you are in.

[askmeplz82]

It is difficult to comment. I dont really understand what your solicitor was doing, apply under those provisions, when he should have known you don't qualify under them.

I really don't know on what basis he is appealing.

He said there was domestic violence. Firstly, to qualify under domestic violence, there must be a divorce, which does not exist in this case, as far as i understand, secondly, you have no police report or other evidence indicating you were a victim of domestic violence.

In the absence of evidence that this individual was in the UK for 5 continuous years, prior to departure, if he has indeed departed, or in the absence of evidence that he is still in the UK, then pursuing an appeal is doomed.

The lawyer will me seeking to exacerbate the difficult financial position you are in.

Can you find him? May be friends or family can help you. DO you have any contact with any family member from his country?

Search online using his full name, email address, Facebook account

also using private dedicative ( Trace & people finding tracing agency )

http://www.intimeinvestigations.com/UK_ ... inder.html

You never know ....

[buxgvs]

He played in my life. there is no future ahead so only the way is to quit my LIFE

good luck you all

[askmeplz82]

He played in my life. there is no future ahead so only the way is to quit my LIFE

good luck you all

You may be feeling overwhelmed by situations in your life leading to feelings of helplessness and hopelessness. That's not the END. there is always light end of the Tunnel

People in worst situation then you got ILR / PR .

Like other members wrote your solicitor is giving you wrong information

You should stop paying him and change solicitor

talk to your solicitor about if you qualify on Article 8

http://www.yourrights.org.uk/yourrights ... -life.html

[inex Generation]

Your supporting evidence is key in any legal matter. Your solicitor should help you with your application. xxxxxx helped me to obtain evidence.
All answer are in the documents and replies from government.

Moderator edit: Advertising link removed under forum Ts & Cs.

[Obie]

Your supporting evidence is key in any legal matter. Your solicitor should help you with your application. xxxxx helped me to obtain evidence.
All answer are in the documents and replies from government.

Please don't use the forum for advertisement purposes.