Notjustok wrote:Hello Everyone,
EEA (PR) as Non- EEA Family Member (Retaining Right)
Here is my timeline.
Send application on : 04/11/15
Ho received on : 05/11/15
Payment taken on 10/11/15
Biometric letter dated on 13/11/15
Received on 19/11/15
Biometric done 24/11/2015
COA dated : 02/12/2015
PR Card : Still waiting
Update: My PR is refused on the 28-April-2016
Reason for refusal: Even though you meet all other residence requirements, you have failed to provide evidence that since your divorce on 14 October 2015 till the 4 November 2015 that your application was received by UK visa & immigration, you have been a worker, self employed person or a self sufficient person, how ever u have failed to provide evidence that you meet requirement of regulation 10(6) and you have therefore not retained a right of residence following divorce .
Update.....
Am glad to notify you that my application has been approved. after sending a reconsideration letter to the case worker. i receive a letter from the case worker this morning that my application has been approved and he also agree to have made an error in my previous refusal. see time line below.....
EEA (PR) as Non- EEA Family Member (Retaining Right)
Here is my timeline.
Send application on : 04/11/15
Ho received on : 05/11/15
Payment taken on 10/11/15
Biometric letter dated on 13/11/15
Received on 19/11/15
Biometric done 24/11/2015
COA dated : 02/12/2015
Refusal letter: 28/04/2016
Reconsideration letter sent on: 04/05/2016
Approval letter received: 20/05/2016
PR Card : Received together with approval 20/05/2016
I wish all of you good luck....
All the Best!
Hi Notjustuk
could you help with what steps you took for reconsideration request?
my application has been refused unjustly
"Your decree of absolute(divorce) certificate states you have been married for over 5 years and therefore the Home office can accept that you have been married for over 3 years and with the documents provided shows you have resided in the united kingdom for at least 1 of those years.
you would also need to provide evidence that the eea national was a qualified person and that you were therefore were residing in accordance with the regulation at the point of divorce. in order to do this you would need to provide evidence that the eea national was exercising free movement rights when the decree was issued"
"No evidence has been provided to show your former spouse was exercising treaty rights at time of divorce"
You have therefore failed to provide evidence that you meet the requirements of regulation 10(5) and you have not retained a right of residence following divorce, or that you have resided under the regulation for 5 continuous years to qualify for permanent residence.
here's the interesting bit, divorce was made absolute middle of October 2015, and i provided a profit and loss account statement from her accountant from April 2015 till 31 October 2015 and invoices from the same period, as tax return not due at time of divorce.