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There are certain procedures available.nuille wrote: Although my ex was exercising treaty rights between 2004-2009 i don't have many of his documents to show only mine. we are no longer in contact…it ended badly.
If they had, which they probably did, perhaps you may had succeeded with the EEA aspect of your case.[b]HS (EEA:revocation and retained rights) Syria [2011] UKUT 165 (IAC) (13 April 2011)[/b] wrote: 59. In marriage breakdown cases, the EEA national spouse may not wish to cooperate with the non-national former family member in providing evidence of the retained right of residence. This may cause problems if the burden lies fully on the applicant in making a first application for a residence document or permanent residence. A material consideration to whether the applicant can discharge the burden of proof is whether the Home Office had previously accepted that the relevant person was working or otherwise exercising Treaty rights. Disclosure of such applications should be made in appellate proceedings as the applicant may not always have taken the precaution of keeping a copy. The 2007 application has proved important in determining the outcome of this case.
60. Applying the language of regulation 10(5) to these facts:-
a. The wife was a qualified person at the inception of the marriage (2002 residence permit).
b. The appellant ceased to be the family member of a qualified person on divorce in March 2007.
c. The appellant was residing in the UK in accordance with the Regulations as the husband of a qualified person at the time of the divorce as there was evidence that the wife had been working part time throughout the previous year.
d. Prior to the initiation of the divorce proceedings the marriage has lasted three years and the parties had resided in the United Kingdom during the marriage for at least a year.
e. The Home Office were twice satisfied that the wife had been exercising Treaty rights in 2002 and 2007, and there was nothing to suggest that satisfaction was based on material misconception of fact. There was some evidence that the wife was a worker at earlier periods in the marriage
f. At the time of the 2009 application there was evidence that the appellant was working. There is no indication that this was disputed by the Home Office or that the appellant had had recourse to public funds. If regulation 10(6)(a) is a legitimate requirement the evidence indicates that the appellant met it, although our reading of the Directive is that evidence of post divorce employment is not necessary to enable the non-national former spouse to acquire and keep the retained right of residence.
61. The appellant has resided in the United Kingdom as the husband and former husband of an EEA national for nearly 10 years. That residence has been under the authority of two residence permits. The issue of the residence permits is evidence that the Home Office was satisfied that the spouse had been exercising Treaty rights in 2002 and 2007.