EEA PR Declined - Regulations 2006

[Skywards]

Hi There,

I have posted this on another board so apologies in advance but I want to capture the largest audience if possible.

I recently applied for EEA PR having held a 5-year EEA residency permit. After 7 months the HO have finally returned all my documents with a covering letter turning down my application on the grounds that my Decree Absolute was on the 20th of April 2006 and the said regulation was applicable from 30th April 2006! It goes on to say there is no right of appeal.

A little back ground information - I was with my ex for 13 years, of which we were married for over 3 years, lived in the UK as a couple for over 10 years and also lived and worked in the Republic of Ireland. The ex held dual nationality (Irish/British) as she was from NI. In total, I've spent 18 years between the UK and the Republic.

Now, before I consult an immigration solicitor, I want to know what re-course do I have and how best to approach this. Surprisingly I am calm given they've had 7 months before getting around to telling me all this and furthermore, it's only 10 days difference between the revised act and my Decree Absolute. BTW, I am in full time employment, have my own house and a new partner who is Austrian. We have been together for nearly 2 years now but I do not want to go down the un-married partner route before I have all the available options.

If anyone has encountered a similar situation himself or herself, I would like to hear from you and how things panned out.

Many Thanks.

[No Name]

You should contact the European Commission Signpost Service for free legal advice:
http://ec.europa.eu/youreurope/nav/en/c ... ml#11444_6

Best of luck!

[jude]

Hy Skywards,
To be honest with you i don't really understand your question at all , do you live with ur wife for 3 years r while marraige to her and did she worked 1 year or study if so u have the right to see a lawyer if not then i think the home office maybe right but still contact a lawyer.

[republique]

I recently applied for EEA PR having held a 5-year EEA residency permit. After 7 months the HO have finally returned all my documents with a covering letter turning down my application on the grounds that my Decree Absolute was on the 20th of April 2006 and the said regulation was applicable from 30th April 2006! It goes on to say there is no right of appeal.

Many Thanks.

Thats pretty rough and unfortunate What is your nationality?

[Skywards]

Hello No Name, Republique & Jude and thanks for the replies. This is the fist opportunity I have had to reply..

My nationality is Australian and yes, I was married to my wife for over 4 years (3.5 years + 9mths separated) although we had been together for 9 years prior to that. I saw a lawyer last week and there a number of options for me that I will pursue once we have gone through the finer detail. Needless to say, I will update you when I know more.

BTW, Jude - I believe you are referring to EEA Regulations 2006 but the point the HO are arguing is that it did not come into force till 30/04/06 and my Decree Absolute was on 20/04/06. A differential of 10 days! I could go on forever about the various wording & interpretation of 2004/38 along with transitional arrangements but essentially, that is what my legal bods will be doing for me.

[jude]

Hy Man ,
Whatz up? what is going on now ? have you got ur stay now ? ask your lawyer if it is possible to remarry with ur new EEA now . keep us inform.