Hello
I am a family member of an EEA national from Guinea , my ex wife is from Romania and has been exercising treaty rights in UK for over 5 years. i first came in the UK in September 2005 as a student , in 2009 I met my wife and we got married in June 2010 and I changed my status in August 2010,I was given a residence card valid for 5 years till August 2015. In August 2015 , I applied for PR as a spouse of an EEA national but at that time after being married for 5 years I had some issues in my relation with my wife which I told the Home Office in my application . In January 2016 my PR application was refused because I couldn't provide my ex wife employment history for the 5 years and as she was a part time student the HO thought she didn't work in 2011 so they said that I didn't submit any health insurance evidences . meanwhile, In December 2015 our divorce was finalized which I wasn't aware of till February. however , I made an appeal against the Home Office decision on my first PR application. When I received my decree absolute in February 2016 I decided to lodge a fresh new application to retain my rights as a former spouse of an EEA national who has lived in the UK for 5 years and being married for more than 3 years . This time I had my ex wife employment history + national insurance contributions also at the time of divorce we were both working therefore exercising treaty rights. My concern is now that I made a new application for PR on the 18th of March 2016 , The Home Office received it on the 22nd of March 2016, after that I did my bio-metrics and received my certificate of application from the HO for my new application. 2 weeks ago I received a tribunal hearing date for my appeal on the first application set on the 21st of September 2016 to attend the tribunal. However, it has been 6 months since my second application was lodged and I have not heard anything from the HO yet , my local MP contacted them on the 26 of may 2016 and we received a reply from the HO on the 14 June 2016 saying that my latest application is under consideration and that they will make a decision as soon as possible . on the 15th of August 2016 my MP wrote again to the HO but we still have not heard from them. we just received a hearing date from the tribunal which is 1 day before the 22nd of September on which date the Home Office will exceed the standard waiting time of 6 months when an application for PR is lodged ( which is strange to me ).
I am confused , I do not know if I should attend the hearing or withdraw the appeal ?
My second application made on the 22 nd of March has been unanswered for 6 months as we are in September now ? 22nd of March to 22nd of September exactly 6 months since I made my retain rights PR application.
I need some advice on my case and the best course of action to take. please help , I have not got enough time left.
kind Regards
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