EU permanent residence refused

[Diida]

Please can someone help me!!!

I have been refused a PR card for the reasons stated below

1) I have been unable to prove that my ex husband was exercising his treaty right at the time of divorce

2) I have stated that my ex husband was incapacitated in 2014 and is now on benefit without providing any evidence to support this.

I am now divorced and just barely getting documents to make this application.

My ex had a mental breakdown and a few surgeries in 2014 and has been receiving benefits from DWP since then. The only letter he provided at the time of the application was dated 2014 and that covered payments till 2020 as stated in the letter submitted to the home office. I have since been able to get a letter stating his payments breakdown and dated the month of our divorce in 2014 which am praying should be a enough to cover point 1.

I am still unable To provide any medical evidence to support point 2 as I am unsure what the HO mean by evidence to show he is incapacitated. The benefit letter in my option should have been enough to support that he is unable to work due to one reason or another which is why DWP has agreed to give him the benefit in the first place.

Any input will be greatly appreciated as I am about to make another application due to how fast I got a response from the first application rather than go through the appeal I was granted.

Many thanks in advance

[NikiGio]

As a minimum, you should include a covering letter explaining how the extra evidence you're providing addresses refusal reason 1).
For refusal reason 2), you should explain you've taken all reasonable steps to collect evidence but your husband hasn't collaborated, and asking the Home Office to exercise their discretion to obtain the information directly. Also explain the point that in your opinion the benefit letter should be accepted as evidence that he is unable to work, hence why the DWP has agreed to give him the benefit. Make sure the wording in the letter is clear, concise and to the point - summarise the situation and make it "idiot-proof".

However - given you've already been refused and to avoid wasting another £65, suggest you get in touch with a lawyer for a consultation before re-applying. UKCEN, The Good Law Project and the Aire Centre can refer you to good pro-bono lawyers if needed.

[Diida]

Many thanks for your input I will do just that.

I already have a lawyer looking into this as he made the first application. We have included a cover letter explaining the situation and also attached the new letter covering point 1 to the divorce certificate to make it easier for who ever looks at the case this time.

However with the points you have raised, I don’t know if it would be possible for me to send in another cover letter written personally by myself to support the application?

Looking forward to hearing from you

Regards

[NikiGio]

If you have a lawyer already advising you - you should follow their indications rather than anything advised on the forum. Don't write a second covering letter and follow the lawyer's advice.
Good luck

[Diida]

Hello again,

Refusal letter received today from my second application.

Very frustrating situation with the home office!!!

So they have accepted the fact that my ex was/is execiseing his treaty right and that the evidence I have submitted covered the period of our divorce.

But they are still demanding medical records to show his why and how he was incapacitated in 2014.

I now have no access to my ex has he has either changed phone or barred my number, he has been very helpful with providing me with al the documents he has so I really don’t blame him because this HO stress is a lot to deal with.

I have attached the refusal letter received and any helpful feedback will be greatly appreciated.

In my opinion they seem to be contradicting themselves by saying although I have submitted evidence Which they accept they will still expect to see medical reports which I cannot provide.

Please how do I move forward?

[Diida]

I have been unable to upload the refusal letter as expected my apologies.