EEA Retain Right to Remain

[Milla1983]

Good Afternoon All,

I have a query, what are my chances of success if I apply for the retain right to remain if my ex husband is unwilling to assist when it comes to prove that he has been exercising his treaty in the past 12 months in the UK?

He is a Czech Citizen and has been in the Uk since 2004 I am Brazilian and have been here since 2006 initially as a student , then PSW and EEA Family member I am now in a new relationship with another EEA citizen and we have a child together .We were together from 2010 and were married from 2012 to 2016 but the marriage only lasted 2 year and divorce just became final in the last 3 weeks and I am now filling my application and I have all of the necessary documents the only thing I am missing is something to show that he has been financially active in the last 12 months.

I have his home address and work address and is I recommended him for the job he is at the moment I know that he has been working for the same company since 2012.

if I provide the Home office with all his working details will that be sufficient? would they contact them to confirm he is still in the country and working or will they refuse my application straight away?

Any advise will be helpful

Thank you/

[noajthan]

Your case should not be refused out of hand.

In such cases HO, can be sympathetic and be persuaded to obtain certain information relating to an estranged partner.

This process is described here:
https://www.gov.uk/government/uploads/s ... als-v4.pdf
- page 24

HO can also be encouraged under UK Borders Act 2007 (section 40) to gather such information once the applicant has shown they have made reasonable efforts to gather it (but failed).
A cogent cover letter explaining all the circumstances will surely help the caseworker understand your situation.

[Milla1983]

Thank you noajthan,

I did see that information before but was not sure if they would use it as I think those things are like a lottery. You can get a really good caseworker so will actually do a pretty decent job or you can come across someone that will do the bare minimum. So yes I will write a rather coherent letter making my point clear and hopefully this will be enough.

Thanks for the assist.

[noajthan]

Thank you noajthan,

I did see that information before but was not sure if they would use it as I think those things are like a lottery. You can get a really good caseworker so will actually do a pretty decent job or you can come across someone that will do the bare minimum. So yes I will write a rather coherent letter making my point clear and hopefully this will be enough.

Thanks for the assist.

If all else fails press for the rights you have, and obligations HO has, under auspices of UK Borders Act 2007 (section 40).
Good luck.