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Thank you so much, your reply is much appreciatedMary1 wrote:Thanks Swan,
Unlike other posters i applied using the eea2 since i had never applied for a RC before, it just so happend we split up and the divorce was put in while application was still in a queue. i then submitted the decree absolute when they req for more docs in december.
Its obvious that if you held a RC prior to a divorce you will most definatley get another RC anyway and PR is out of the question even if you have reached the 5 year Pr period. I dont know how the h/o gets by with such incompetence.
Sorry to see your partner's application was declined, its seems the h/o cannot be botherd to check if any NI contributions are being made by the ex thus making it easy for the applicant. but no they have to send you a refusal and then follows a court case which in my view is likley to go your way as the burden of proof lies with the h/o esp seeing that your partner sent a letter explaining all this.
if you do read the case worker instructions as you have, showing that your ex was exercising treaty rights at time of divorce is mandatory so i think if a judge if faced with your case proof can then be requested by legal means (i assume)
i really wish you the best and hope you get the outcome your partner deserves.
Mary
This is exactly the point that I am trying to make, and the basis on which we defended our appeal, our lawyer is convinced that the HO have no right to ask about the ex employment or ID since the non EEA applicant was and is still working and self sufficiant and was married for more than 3 years ..isceon wrote:Those caseworkers don't even read their own caseworker instructions from their web site.
I start to think that they refused me because I did not apply for the retention of residence when I divorced but waited that I complete 5 year for PR (5 P60's evidence).
this is from their website it states :
5.3 Making an application following divorce or annulment of marriage / dissolution ofcivil partnership
The following documents must be supplied:
• Passports of the non-EEA family members
• Divorce certificate/certificate showing termination of civil partnership
• Evidence that at least one of the non-EEA family members is a worker, self-employed
or self-sufficient.
If we have not previously issued a residence card we must be satisfied that the alleged
EEA national is an EEA national and that the non-EEA nationals were living in the UKwith the EEA national prior to divorce / dissolution of civil partnership, and that EEA was
exercising Treaty rights during that time.
They specify clearly where they need to see the EEA passport when no residence card has been issued previousely,this why they asked mary to see her ex passport.
But in my case I had been issued by a residence card and they have seen my ex spouse passport on 2 occasions:
_when we applied for the residence card
-when we applied for ILR just before our marriage has brokendown and the application withdrawn.we divorced a year later.
They have no reason to ask for the EEA passport at all and I am counting on The judge to humiliate the HO representative.
Mary1 wrote:Hi datuchi
Logic would imply that once you retain your rights then the assumption is your parents would as well. If you look at the eea2 and eea4 forms, there is a sections to include other family members in the application. I would ring the bia if i was you( try and speak to more than 5 advisors) and enquire...although the information you will receive is unlikley to yield and real answers. Try solvit or any other european based body for clarification.
Could you please give more information on what requirements you had to fulfill for your parents to obtain their RC on your dependancy as a Married couple. I only ask because if the original application included a financial aspect as a familiy unit(you and your ex) wheather this is a factor when re applying now that your a divorced
Other posters may have a different opinion. You will find your case is quite unique and i cant say i have seen this kind of situation before on this forum
Mary