What are my options?

[Krants]

I have been following this forum for 4 years now. And it has been very helpful and informative. My situation is weighing me down at the moment and I will appreciate it if someone can shed some light on it for me. I was married to an eea national in October 2012 and put in an application for residence card in May 2013 which was refused in November 2013. The refusal was because of the Karen proxy marriage saga. I appealed and won my appeal at the first tier tribunal but homeoffice challenged it at the upper tribunal and my appeal was dismissed in August 2014.I put in another application in October 2014 based on durable relationship and it was also refused on April 2015 because ukba claimed they did not meet me and my husband at home on two occasions and we also failed to attend an interview. I put in an appeal in May last year and and got a hearing date this past April. Now the problem is that during the appeal my husband filed for divorce and the decree absolute was issued in April. My question is that will I be able to retain my rights even though I have not previously been issued with a residence card? Advice needed urgently.

Thanks

[noajthan]

I have been following this forum for 4 years now. And it has been very helpful and informative. My situation is weighing me down at the moment and I will appreciate it if someone can shed some light on it for me. I was married to an eea national in October 2012 and put in an application for residence card in May 2013 which was refused in November 2013. The refusal was because of the Karen proxy marriage saga. I appealed and won my appeal at the first tier tribunal but homeoffice challenged it at the upper tribunal and my appeal was dismissed in August 2014.I put in another application in October 2014 based on durable relationship and it was also refused on April 2015 because ukba claimed they did not meet me and my husband at home on two occasions and we also failed to attend an interview. I put in an appeal in May last year and and got a hearing date this past April. Now the problem is that during the appeal my husband filed for divorce and the decree absolute was issued in April. My question is that will I be able to retain my rights even though I have not previously been issued with a residence card? Advice needed urgently.

Thanks

If your marriage has never been recognised then you obviously have a problem, compounded by now being divorced.

If you are only considered to have been an extended family member in a durable relationship then you have no status now that the marriage has terminated; even if you had had an EFM RC it will now be null and void.

If you are recognised as having been married then certain rights can be invoked, even if you have never held a RC; (a RC is optional for a direct family member).

What was the outcome of the recent appeal in April?

[Krants]

Thanks noajthan. The appeal was adjourned and the judge issued directions to the ukba to reveal the new evidence in the light of my change in circumstance and also produce evidence to show that the supporting evidence I used for my application is genuine. The new date is in July so fingers crossed. Am at my wits end.

[noajthan]

Thanks noajthan. The appeal was adjourned and the judge issued directions to the ukba to reveal the new evidence in the light of my change in circumstance and also produce evidence to show that the supporting evidence I used for my application is genuine. The new date is in July so fingers crossed. Am at my wits end.

Understood. Very difficult time for you.

I don't know about Karen proxy...but if married you appear to have been married over 3 years and also in UK 3 or 4 years.
So, rather ironically, if the marriage is finally recognised as genuine you should have a case for ROR now that its ended.

Suggest gathering and copying/scanning all relevant documentary evidence (if possible) - you never quite know when it may be needed,
And there are ways and means for HO (/UKVI - it's not UKBA anymore) to be persuaded to extract information from an estranged spouse, if need be.

Good luck.

[Krants]

Am hoping for the best. I sure will post updates on the forum after the next hearing. Once again thanks for the information.