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When did your ex begin exercising a Treaty right in the UK?isceon wrote: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 )
Then you gained PR in 2005 (on your 5th wedding anniversary). The fact that you subsequently divorced is irrelevant and, frankly, nobody's business but your own.isceon wrote:My ex started exercising treaty right in july 1999 we married in 2000
I think isceon automatically gained PR on 30/04/2006, before that date you had to apply for PR, you didn't gain it automatically.benifa wrote: Then you gained PR in 2005 (on your 5th wedding anniversary).
isceon,isceon wrote:Hi tasha75
when you read the regulations EEA 2006 or the directive 2004 you are right I had PR status on 30 /04/2006.unfortunately the HO has a different reading of it.
The reason I applied for pr is that:
in 2005 when I was still with my wife ,she applied for ILR and me as dependant however before we get the ILR we had problems and our marriage was over within a year .She withdraw the application,and they just returned my passport without revoking my card or anything.
This is why I thought I had to apply for PR .
The Ho in their refusal letter are not disputing the fact that I was married for over 6 years to my ex who was working in the uk as they had all the evidence of that,but strangely they just said that they needed the proof that my ex was an EEA national??/They had her passport in their hands in 2 occasions (2001 residence card issued and 2005 when we applied for ILR) they know very well that she is an EEA so why asking for her passport now that we are divorced?
I thought about applying for BC directly but because I was divorced I believed that I had to apply for PR first.Now I find myself in the situation wher I can't even appeal.
Solvit has not replied to my complaint so far or will they?
I wrote to the caseworker asking her to reconsider but nothing yet.
First of all the EEA applications have all been moved the Liverpool, while the staff stayed in Croydon. That means all applications are currently handled by caseworkers that have only a few months experience at best. The quality of decisions has certainly suffered significantly because of this move.isceon wrote: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?
Maybe, but they misread the law. According to the Directive 2004/38, this period is not relevant for the retention of the right of residence.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.
Well... that is happening all the time. The UKBA is losing cases left, right and centre, and that is not limited to EEA applications. I just read the UKBA only approves 10% of asylum cases, but a further 20% are granted appeal - so the tribunals approve more asylum seekers than the UKBA!JA13I wrote:I concur with thsths, that these steps are by far the practical way to handle the situation, but somebody need to give the HO a rude awakening about the mess they are dishing out.