EEA Retain right of residence pending application

[john232]

Hi All,

I rarely post on any forums but thought this could be a good start. to keep it short, I am a non EU citizen (Lebanese) who came to the UK in 2007 on a student visa to do my MSc degree. In October 2009 I met a Lithuanian woman and in about 6 months we moved in together as a couple. soon after my student visa expired, I was then granted the 2 years PSW visa which expired round about Jan 2011. I overstayed after expiry as i was waiting for the COA to get married which came 5-6 months after. we then got married in the UK and applied for the residence card, granted till July 2016.
marriage lasted 3 years and a bit, and divorce was filed by my wife soon after, several reasons for this but mainly her affair with her current new English husband now.
in a nutshell, marriage lasted for 3 years, lived together for almost 4 years and a half, both employed, living and working in the UK. only issue was that I had to prove she was exercising her treaty rights through her company accounts (3 years accounts provided) as she was a director of her own company and hence not on a PAYE.

retain of residence application sent on 7/11/14
confirmation received on 17/11/14 with a note stating the application will be dealt with within 6 month, if not less
certificate of application received on 20/12/14
13/05/14 no decision, official complaint to the home office was sent through the lawyer - answer after 20 working days: still being considered.
to date i still haven't received a decision and it is adding a big burden to my life now. it's becoming very stressful and I am becoming very anxious as well. I have even wrote to my local MP who also didn't reply.

has anyone had a similar problem, how long did it take for the decision or would anyone be able to suggest an alternative that could speed up the process or decision?

thanks,
John

[mohamed82]

U applied through a lawyer so he should aware about your situation but i advise you that to give them a call .
have you provided evidence her treaty right between digree nisi to absolute?
applications retains the rights is straightforward specially in ur case its abit worry . About ur study visa and ur marriage
also ur marriage lasted excat 3 years and abit specially ur wife is married now that mean she was in relationship with her husband during this three years marriage so its abit not straighforward but i belive u will be fine if u provide all evidence specially her treatty right till decree absolute .but give them a call .

[john232]

Hi Mohamed,

Thanks for the reply, my lawyer has left the law firm and I'm not confident my case had been assigned to another yet.
Answering your questions, I have provided the home office with the last 3 years of her company accounts, that would include the period between the nisi and absolute. I will not comment on your second conclusion there.
Will take your advice and give them a call myself.

Thanks

[mohamed82]

I don't mean anything about comment i just try to let u aware about tht bit bcos so many application been refused recently bcos shame marriage specially retain the rights bcos of the marriage lasted excat 3years but as i told u i belive u will be fine if you got proves her treatty rights( work contracts or payslips or emplyer letter ) any proves she was working while the divorce processing.
u applied before the new application on 31jan that mean u have should called for interview
try to call them asap .

[john232]

That's ok and I can see why someone would jump to this conclusion, our relationship was for 5 years and not 3.