About my application

[Scrobo23]

I am non eea national married to eea national form France
Married June 2013
Residence card issued September 2013
Start divorces December 2016
Get decree of absolute March 2018
Residence card will expire soon 2018
My ex wife she is not ready to assist to provide necessary document to support my application.
I contact my solicitor she said no problem because am working but my fear is she send me application form EEA(PR) instead of EE(FM).
Please I need help.

[Casa]

It's irrelevant whether you are working. You need submit evidence that your ex-wife as the EEA national sponsor has been exercising her Treaty rights throughout the 3 year qualifying period, together with documented proof that you were living together for at least a period of 12 months during these 3 years.

[Obie]

I am non eea national married to eea national form France
Married June 2013
Residence card issued September 2013
Start divorces December 2016
Get decree of absolute March 2018
Residence card will expire soon 2018
My ex wife she is not ready to assist to provide necessary document to support my application.
I contact my solicitor she said no problem because am working but my fear is she send me application form EEA(PR) instead of EE(FM).
Please I need help.

It does not appear that the solicitor fully appreciate the difficulties of your position. Firstly you need evidence that in March 2018 when you divorced, she was in employment, secondly you need evidence of your own employment.

You also need her ID card or passport. Without those the prospect of success is not very high.

[Scrobo23]

I have evidence of my employment history
My P60 from 2014 to 2018
Council tax from 2013 to 2016 on our name
BT ON HER NAME FROM 2013 to 2016
Water bill on my name

Please what do you think I can do now

[Obie]

You need evidence of her employment up to march 2018. It does not seem as if the lawyer told you that, did he?

[Scrobo23]

I have her employment history from tax from 2013 to April 2016.

[Scrobo23]

I have photocopy of her ID but she is working presently and not ready to give me 2017 AND 2018 P60

[Obie]

Well I do not think that is enough. You need to address these issues before application.

[Scrobo23]

Please which application form is right for to use and can I write covering with my application and explain my situation because I don’t think she is ready to assist me

[Obie]

You could potentially qualify for both, but you seem to have no evidence. I do not understand why the lawyers said your employment alone should suffice. You may need to speak to him or her to establish the basis of that assertion.

[Scrobo23]

I read through the client she send to me and said she will apply outside immigration rule.

[Scrobo23]

But my 5years visa expire September 2018 and she sending the application by June with EEA(PR) application form

[Obie]

That makes little sense to me. She is applying outside what rules.

[Scrobo23]

I need help about what to do my eea(pr)was refused vase on two point which is
-no original I’ d of your ex wife
-no enough employment history of your ex wife
But she is working and she refused to give it to me because we are not in good relationship anymore.
I have right to appeal

[conote80]

So basically your lawyer only had her eyes on collecting your money and nothing else. On what basis was she applying outside immigration rules? I am confused.

You can probably reapply and politely ask HO to check her HMRC records since she's not willing to give you her 2017 and 2017 NI records. Show them conversation proof that she's not willing to co-operate to give you her ID nor Tax/NI records.

What was in your cover letter when you applied? You can also appeal and argue the above points that she's unwilling to cooperate. You probably could hire a PI to check where she's employed and write a report that she was in employment in March 2018 when you finalised your divorce.

[Scrobo23]

Thanks for the reply please what do you mean by pl .

[CR001]

Thanks for the reply please what do you mean by pl .

PI = Private Investigator!!

[Scrobo23]

The cover letter says she is not willing to help and we are not in good relations since we divorce.But I have send my appeal on 29th of July through another lawyer.

[Scrobo23]

Please where can I get the private investigator

[CR001]

Please where can I get the private investigator

Google. Members are not permitted to name companies or details.

[Scrobo23]

I spoke to my lawyer now he said he already write it in the appeal letter that court should instruct home office to check her work history and she is not willing to give me the passport and her payslips.
Please what can I do now

[conote80]

I spoke to my lawyer now he said he already write it in the appeal letter that court should instruct home office to check her work history and she is not willing to give me the passport and her payslips.
Please what can I do now

That's good then. Looks like your new lawyer is an upgrade on the previous one
Speak to him and ask if you could reapply as well