Thanks guys i have carefully read and followed up this tread for sometime now and i must say a big thank you to all of you.this tread has saved thousands on solicitor for many people. I wish i knew this on time.
My case is kind of complicated but if you follow carefully,you will understand my position.I am a Non EEA but got married to an EEA National in 2003 in Her own country while i was studying there and after our marriage we relocated to the UK, First i got the EEA family member permit valid for 1 year and on expiration, my wife using her own solicitor applied to the Ho and i got 5 years.while in UK both of us were employed and living together but my wife lost her job in 2006 and went on housing benefit while i became the only one working.
We started having problem in our marriage in 2007 and we struggled all through 2007 and in 2008, i moved out and we separated but she wouldn't let me have the marriage certificate. so i decided to request for a replacement copy from the EU country where we got married only to be told that my wife got me divorced in 2004 which obviously was without my knowledge.I have been on this case since 2008 and now the country's (EU) court requested that an appeal be made with all proof using a solicitor which i did and it is presently at the High court for criminal cases.
But the 5 years i had expired in 2009 before expiration,my solicitor has said the best thing was to apply for extention of stay in the uk on the ground that i have a cousin who is an EEA National settled in the UK.this was refused. we went on appeal,it was dismissed and went to the upper tribunal it was dismissed.
While this was happening,i didn't get any response from the country (EU) Court but in August 2010,the court sent me every detail regarding the divorce she lodged with the decision of the court based on the information she gave them and i discovered that my wife had told the court that a few days after our marriage,i disappeared and she is left alone.She also told the court that she tried so many times to contact me, but to no avail.The court took sometime to look for me in the country,obviously i didn't live there anymore this is because she told them i am still in the country.She gave the court a false address of me in that country knowing that i do not live there,the court contacted me on that address and obviously,i am not there so they believed and granted the divorce.I believe my wife did it for monetary reasons but for what ever reason, that is criminal.I got information that she was also on benefit in that country as well as UK.
But what surprised me was that we have both been to their embassy many times to obtain visa for me to enable us travel to her country as we made regular visits to her country.why didn't the embassy inform me of the unlawful act she committed against me?
When i put in the appeal in court, the court requested that i must use a solicitor from their country.I told then i can't afford it because i had lost my job then.That was when state then decided and granted me legal aid enable the case to proceed. Although a decision has not been reached, the court and the lawyer they appointed to handle my case regularly sent me written documents from time to time informing me how the case is going which i then put together.
I just made up my mind one day and went straight to the home office in person and i was so blessed that they agreed to see me on the day.
It was then i was told that based on the new evidence that i now have that they will put me on reconsideration.Today, I just got my document back and reconsideration refused.the reason was that the new evidence was not considered because they are fresh evidence.I was asked to send in a fresh application using EEA4
You can see that it is a very sad story.My wife is still here in London and she doesn't go to the her country because if she did she will be arrested.When i reported to the police,the police confirm it is an offense but they can't do anything because she did not commit the offense in the UK.
The Question is, If i apply for EEA4 will they require her passport as i do not have her passport and i don't even know the passport number but all other documents, i have including bills, bank statements,tenancy agreement, council tax,Hospital letters,photographs (Albums).invoice for plane tickets.I have been working since 2003 till 2010 when i lost my job but my wife lost her job in 2006
Can somebody tell me why didn't my solicitor go down the EEA route before?I wasted thousands on solicitor and home office fee.it is very upsetting.Please kindly help me with what you think i should do at each stage.I have been looking for work but the home office is not confirming my eligibility to work.what should i do?i need to work while i am waiting.
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