EEA durable relationship question.. difficult situation

[Obie]

I am of the view that they are wrong.

At the exercise of 17 (4)(b) discretion the issue of passport would have been resolved.

Furthermore they mentioned it on their refusal, if they thought it was important, they should have relied upon it at the hearing.

It is my view that their course of action was not open to them at all and a JR will succeed.

[paullight]

Thank you Obie. At the hearing HO brought that up and argued for adjourment of the case but the judge disagreed. It seems the JR is now the way to proceed.

[paullight]

Question. I think HO used the reasoning that by failing to produce id, my partner failed to provide evidence of her identity as a non-EEA national, thereby not fulfilling the requirement of 17(4). IS that something we can challenge?

[Obie]

In my opinion question of discretion only comes in after the issue of ID has been resolved. So HO cannot go behind the judgement .

Even my views, seem wholly consistent with Home Office policy .

[paullight]

Would you be able to provide some links where I can read more about that?

[Kokosari]

Hello mr obie please help me on this issues...I'm from Africa ,I married EU national . We got married April 2010, and he has been working throughout until January 2014 when his contract ends. He later got another job June2014 , meant he spend 5month without working and he did not claim any benefit . In march 30 2015 we got divorced . Although he still working up till date.
Now my fear is I have made eea4 application because my five years end November 9 2015 and I have submitted all the document I got to the home office. Instead of applied for right of retained I mistakely applied for permanent resident . I have done biometric and and I received coa . Please help ! What can I do next.

[Annebee]

Hello mr obie please help me on this issues...I'm from Africa ,I married EU national . We got married April 2010, and he has been working throughout until January 2014 when his contract ends. He later got another job June2014 , meant he spend 5month without working and he did not claim any benefit . In march 30 2015 we got divorced . Although he still working up till date.
Now my fear is I have made eea4 application because my five years end November 9 2015 and I have submitted all the document I got to the home office. Instead of applied for right of retained I mistakely applied for permanent resident . I have done biometric and and I received coa . Please help ! What can I do next.

Starting a new thread would have returned comments for you. Anyway, based on your date of marriage, and if living in uk from that date of marriage, you qualified for PR April 2015. If marriage was abroad, the 5 year countdown to PR starts from the date you entered UK.

As per PR application as a Divorcee. You can apply for PR if ex exercised threats rights from the date of marriage (or entered UK) till the date of divorce. And then you need to add proof that you are a qualified person (eg worker) from the date of divorce. PR will be based on former family member of EEA who are divorced.

You mentioned your ex didn't work for 5 months in 2014, was he registered as a job seaker during those times? If not I fear you may have problems acquiring PR.

If you fear you haven't included sufficient evidence to secure you a PR , you can withdraw your application and the apply for a residence card under retained rights of residence using the EEA(FM) form .

Hope this helps

[paullight]

Following up on our case.

Things have become complicated by the fact that my partner had been an overstayer and later claimed asylum using false info (name, nationality and d.o.b.).

We really want to get this thing straightened out. If she puts in a fresh eea2 application with her original id and admits to lying, what are the possible consequences? Can she be prosecuted? How much weight will this bad immigration history have when it comes to the eea2 application? We have already established our durable relationship. Can HO question that again?

Any advice would be greatly appreciated.

[Kokosari]

Thanks annabel,I really appreciate your replied. Anyway, I can't do anything again because my application has already with Ho .i will keep my finger across. God forbid ,if Ho refuse my pr because of 5month that he didn't work ,means we foreigners are still in slavery . They want us to be under them for the rest of our life. Just 5month out of 6years . In fact , that would be wickedness .i have been in uk for the past ten years. I never go out of the country , just like a prisoner. I'm scared . May god almighty answer everyone's prayer in this forum.amen.