I am going to scream
my PR as a non EEA Ex family member who retains right of residence following divorce has been refused with no right of appeal after 13 months of wait
2000 married EEA member
2001 issued 5 years residence card
2005 petitioned divorce
2006 decree nisi and decree absolute granted
2007 applied EEA4 (retention of residence following divorce )with all required docs
8 months later HO request spouses EU passport and proof of employment at time of divorce What is going on?
Ex would never hand her passport or anything.
I worked and paid taxes for the last 8 years my ex-spouse as well until we divorced .
I managed to get a letter of employement from my ex but not her passport impossible.
I notified the HO about it and told them that my ex would not hand her passport after all we are divorced.
6 month later today (13 month in total) I received the refusal with no right of appeal on the ground that I have not suplied ID of the EEA national as required.
They considered my application as an Non EEA family member of an EEA and not of a non EEA who is retaining right following divorce.
I cannot believe how incompetent my caseworker is.
I sent the EEA4 form without filling section 3 relating to the EEA family member(as I am not anymore one),I joined a cover letter explaining that I was divorced and fulfill all the conditions for the retention of residence following divorce (included decree absolute 2006) I suplied proof that she was working at the time of divorce.I included a print of the 2006 EEA regulation(article 10 retention of residence following divorce)
After all those detailled explanations my caseworker managed to consider my application as a family member of an EEA under article 15 of the EEA 2006.
I really don't get it.I have been married for 6 years but I divorced why are they doing this to me?
What should I do?contact solvit?try a JR?reapply and wait 13 more month?
PS they had all the required docs (my 6 p60,my last pay slips,divorce certificate decree absolute proof of my ex's employment at the time of divorce.)
The funny thing is that they asked me about that last point for the period of decree nisi to decree absolute with the exact dates wich tells me they read the divorce certificate.
![Evil or Very Mad :evil:](./images/smilies/icon_evil.gif)