My application get refused by the home office after 03years of marriage with EEA member.

[korano]

Hi Everyone ,

I need someone please to explain to me what i need to show or to prove as documents to the home office and to the court as well.

Well ,i got divorced after 03 years of marriage in UK with EEA family member ,my ex-wife was a polish and she was living in UK more that 10 years when we got divorced ,now she lives in poland.

after i got the divorce absolute letter from the court ,i applied to the home office for retain right of my residency,after 05 months of my application the home office refused my application ,the reasons from the letter are :

You have not provided adequate evidence that you have retained right of residence in the uk following the end of your marriage to your EEA national partner
You have failed to provide any evidence that would document that your EEA national sponsor was exercising treaty rights at the time of your decree absolute,january2017 therefore you have not provided adequate evidence that your EEA national family member was qualified person/had a right of permanent residence in the UK on the date of the termination of your marriage.
you have therefore failed to show that you have retained a right of residence in the UK.

After reading the reasons ,can anyone please explain to me what i need exactly to show as documents to appeal the decison of the home office .

[helpneeded2018]

its clear my friend, the HO is looking for the documents where you can show that your ex-wife was exercising treaty right until the day your marriage was terminated. that is the fundamental requirement of your application. you would better show that you have been living together for one year at least, like some bills/bank account/ or any document that can prove that you have been living together. second of course your marriage lasted 3 years. you have the divorce certificate. and finally it would be helpful if you can give them the id/passport of your ex -wife. i guess that is not required but it help the application to be positive.

hope it will help you. recently i am doing a lot of research on this matter so i guess my information will help you.

thanks

[korano]

thanks a lot for reply...

i gave all that what you said to the home office before and about my EX-wife ID or Passport i gave a scan copy of it with her signature to the home office as well .

now to appel the decision , I have a proves( HMRC letters and Bank statements ) that my EX wife was working until the day of the divorce absolute(january 2017) but i didn't understand why the home office asked me about her permanent residency ,well she is polish and she didn't need that .

thats what the home office said :

provided adequate evidence that your EEA national family member was qualified person/had a right of permanent residence in the UK on the date of the termination of your marriage

can you explain that to me please ,i'm confused

[korano]

Can anyone please explain that to me ...

what i understand from the home office letter that i just need to prove that my EX-wife was working until the decree absolute ,or something else ?

[jay.ho]

The requirements of retain right of residence after divorce is

The marriage is listed for 3 years
2) you and your partner live in the uk at least 1 year

3) at the time of divorced your partner exercise her trinety right is the uk mean working in the uk .

And your refusal clearly shows that you didn't provide your partner working prove .

Regards

Jay

[korano]

thanks jay for reply ,

i' already sent the appeal to the court ,right now i have all the proves showing that my EX-Wife was working until the decree absolute (January 2017) .

I didn't show that before to the home office ,because the lawyer i used for the application before he didn't ask me for that .

with the documents i have now of my EX-Wife job am i having a chance to win the case on the hearing day ? i'm worried .

[jay.ho]

If you have all the documents you can make a fresh application
now a days it's take 3-4 month depend of your case.
The best option reapply . And provide all the documents .

Regards

Jay

[korano]

1* but what about the court ? is the judge gonna check all the documents i provide to the home office or gonna focus only on the reasons of refuse and documents to prove that ?

2* so what i undertand now ,that i have only one thing to prove is that my EX-Wife was working until the decree absolute ?

3* what about the other documents ( married at least 03 years before get divorce ,living together at least 01year ) ,are they accepted already by the home office if i have only one thing to prove ?.

[jay.ho]

As I told you can reapply and provide all the documents or you can wait for hearing date .

But the HO was right you didn't provide the ex treaty document that's why they refuse your application.
But if you got all the documents you can reapply

[korano]

I heard there is a big chance to win the case in the court rather with HO ,is that correct ? like i showed in the beginning of my subject that HO asking me only for one thing which is to give proves that my EX-Wife was working until January 2017( treaty rights ).

i have my ex-wife bank statements showing her payments also i have two letters from HMRC showing employment history of my EX-Wife for the last 03 years and definitely she was working on January 2017 and paying her tax as per the documents .

what i'm concern ,on the hearing day is the judge gonna focus only about the refuse reasons or will check all the documents of my application to the HO from the beginning ?

I'm worried if I'll reapply again to the HO ,maybe they will give me another refuse reason .

[Obie]

I don't understand how a competent lawyer did not tell you that you were required to provide evidence of treaty rights.

Is it the same person.doing the appeal?

[korano]

yeah even me ,that lawyer really destroyed me .because as per the refuse letter ,the HO accept most of my documents i provided to them ,only one thing was missing which the fundamental of my case ( the treaty right of my EX-Wife )

no , is different lawyer for appeal.

But i don't know if the judge gonna focus only on one thing( the treaty right ) or gonna check all the documents from the beginning ?

[korano]

can anyone please has knowledge answer my question ...thanks .

[korano]

Hi ...

What documents i need to prove that me and my EX-Wife been living together for at least 01 year ?

1/I have a bank statement which showing the same home address .
2/i have her statement with her signature saying that we been living together for 03 years .
3/i have DVLA letters on my name showing the same home address as well ...
4/payslip and work contracts on my name showing the same home address .

do i need to prove more or thats enough ?