Permanent Residence Card Revoked by HO

[olegunna]

Hi all,

Hoping someone can advise.

I applied for permanent residence card in 2015 after 5 years with my EEA spouse to whom I have subsequently divorced and received my residence permit in October 2015. I received a letter in July from the HO revoking the residence permit because they believe the marriage wasn't real and that my ex never exercised her treaty rights in the UK, even though they checked for evidence of my ex exercising her treaty rights less than 12 months before and based on which I was awarded the residence permit.

I am currently appealing the revocation at the first tier tribunal which seem to drag forever. I submitted my appeal in July but even though I have a case ID, my case has still not been listed.

Does anyone has a similar experience? Any advice would be much appreciated.

[noajthan]

Very unusual.
Is HO intimating all evidence is fabricated?

[olegunna]

Yes essentially

[olegunna]

Mainly that my spouse never exercised treaty rights

[noajthan]

Yes essentially

Burden of proof is on HO to prove marriage of convenience.
What steps have been taken to do that?

Have you been invited to interview?
Served any documents? what are they?

The following Regulation covers what is being done to you:
http://www.eearegulations.co.uk/Latest/ByPage/part4_20

The following HO guidance may illuminate the process you are embroiled in:
https://www.gov.uk/government/uploads/s ... val-v2.pdf
&
https://www.gov.uk/government/uploads/s ... _clean.pdf

[olegunna]

The case hasn't even been listed according to the first tier tribunal who are handling the appeal which was lodge in July. Called them last week and they said it's unlikely to be listed until the new year

[noajthan]

The case hasn't even been listed according to the first tier tribunal who are handling the appeal which was lodge in July. Called them last week and they said it's unlikely to be listed until the new year

Something odd here, if a serious step such as revocation has occurred then a due process must have been followed to strip you of the PR card.
But you appear to be on a sticky wicket if long divorced and partner is long gone and not able to support you.