Hello Moderator
I came into the country as a student 2009 after that was on post study visa for two year when i met my ex wife. Got marriage in 2012.
I got my EEA family member 5 year visa in first quarter of 2013
We lived together till 2016 when the relationship broke down.
However both of us were still in work till the divorce in October 2016 ex wife was self employed at the time of divorce.
Application for retained rights of residence sent in 08/02/2017
refused 20/07/2017
Refusal to issue a PR card ( HO Determination Letter)
you have applied for a permanent residence card on the basis that you have resided in UK in accordance with the 2016 regulations for a continuous period of 5 years and have a retained right of residence as the former spouse of an EEA national. However you do not qualify on this basis
Appeal
you are entitled to right to appeal against this decision within 2 weeks
Reason for refusal
Your application for a PR card as a family member who has retained a right of residence following the end of your marriage has been refused.
Reasons why your application has been refused
you have not provided adequate evidence that you have retained a right of residence in the UK following the end of your marriage to your EEA partner
Consideration as a family member who has retained right of residence
In addition was for a PR card
(but i never applied for PR card )
My Questions:
1. why would the HO refuse a retained right of residence to former EEA family member who met the requirements and the ex wife was exercising treaty right for three years plus before the divorce.
And the excuse for refusal is that the application was for PR card. (divorced before applying and have not been in contact with ex wife since then)
2. my appeal is coming up soon and i will like to know what sort of questions will i prepare for for the full hearing ( i am going with a barrister and no witness)
good luck to people waiting for their applications and hearing dates
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