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sleeper wrote:I think that their decision should be based on the rules which a set for them by Directive. When I retained my rights, I had to provide the docs that my ex was exercising her treaty rights before the divorce as it’s says in the Directive about it. That EEA member should be in UK before divorce and exercised treaty rights here.
It doesn’t say there that I have to prove that she was exercising her treaty for the whole period of our marriage (please see my post avove) and I think if someone will take them to AIT once, this issue will be resolved. She was working all the time during that period, but it’s quite complicated to get the information (Data Protection Act, etc...). I heard many times from this forum because of the incompetence of HO staff, information given by HO over the phone is incorrect. So I will not rely on the information given by Morpheo in his topic. Yes, he sent all the documents requested, but I think his case would be resolved without them as well.
Correct me if I’m wrong with a Directive rules.
P.S. Another question, even if they request this information, will I be eligible to apply as a self sufficient person. I have comprehensive medical insurance though my employer for the whole period of 5 years.
Hey, sleeper! Morpheo's link is of some antiquity I think. The point you are making is spot on. To be regarded as a person who retained rights, you had to provide loads of docs. Later, as per Regulation, you only need to provide your status from the point you were given the retained residence status till the PR application. Otherwise it's illogical and noone would apply to retain rights if it doesn't count for anything, and moreover, the work done by the caseworkers would prove a waste of the taxpayers' money?sleeper wrote:Hi Mary! Thank you for your advice.
Still waiting to recieve more information.