ILR refused

[ogoCHI]

HI ALL,

PLEASE I NEED AN ADVICE AND SUPPORTING SIMILAR CASES. I AM REFUSED AN ILR BECAUSE I COULD NOT SHOW EVIDENCE THAT MY EEA FORMER SPOUSE WAS EXERCISING FREE MOVEMENT RIGHTS IN THE UK AT THE TIME OF DIVORCE. WE WERE MARRIED AND LIVING TOGETHER FROM MAY 2010. BUT SINCE JAN. 2014 WE HAVE LIVED SEPARATELY AND APART SINCE THEN BECAUSE HE SAID HE FELT FRUSTRATED BECAUSE AM UNABLE TO CONCEIVE AND AM MAKING HIM THE LAUHING STOCK AMONG HIS FRIENDS AND FAMILY.

DIVORCE WAS ISSUED IN OCT 2015. I COULD ONLY PROVIDE HIS P60 AND PAYSLIP UP TO APRIL 2014. I DON'T KNOW HIS WAY ABOUT AND DON'T HAVE ACCESS EITHER HIS P60 OR PAYSLIP BECAUSE NON OF HIS CORRESPONDENTS COME TO ME.

I HAVE BEEN ON FULL TIME EMPLOYMENT SINCE WE GOT MARRIED UPTIL NOW.

I HAVE RIGHT TO APPEAL . PLEASE I NEED ADVICE.

[CR001]

Did you apply for ILR based on 10 years long residence?

Or did you apply for PR (EEA route)?

After divorce, did you apply for Retained Rights of Residence?

Also, please don't write in CAPITAL letters, it is the same as shouting and is very difficult to read.

[ogoCHI]

Am very sorry for writing in capital letters. I applied as former EEA family member.

[ogoCHI]

After divorce I did not applied for Retained Right of Residence. Divorce was granted Oct 2015 and the 5 years residence expired Dec 23,2015

[noajthan]

After divorce I did not applied for Retained Right of Residence. Divorce was granted Oct 2015 and the 5 years residence expired Dec 23,2015

Can you post an extract from the refusal letter (removing personal identifying details).

If the application related to ROR, the requirement is that spouse was in the county and exercising treaty rights at initiation of proceedings.
From your stated facts it appears that may have been the case. Was it?

If the application related to confirmation of PR (not 'ILR' for an EU-related case) then you may have acquired PR by May 2015 assuming hubby was exercising treaty rights continuously since your wedding.

Has either party enjoyed any prolonged absences from UK since the marriage?

If you are unable to collect vital evidence due to estrangement, you should be able to ask the HO to make enquiries regarding your hubby's status and documentation.
If that request is made it is my understanding that HO will comply under section 40 of UK Borders Act, 2007.

Ref: http://www.immigrationboards.com/eea-ro ... 08838.html

[CR001]

In that case, you have not applied for ILR (UK immigration rules) but for PR (EEA/EU rules), they are quite different routes and substantially different prices.