EEA4 refused

[angelo1181]

HI guys I need ur advice plz
i was married to an EEA national IN JUNE 2006 come 2 the uk august 2006
with family permet then been guarnted 6 months residency based on my wife was exercing treaty rights. then i was given 5 years residency permit expiring the 05/2013. my ex wife was student for 3 years and she finished her study. The marriage breakdown and the decree absolute was issued ion 22/09/2011 i submit an EEA4 application throw solictor on the 03/10/2011.
COA issued on 07/11/2011.
Got lettre from Ho refusing my application and asking me to leave the country bcos insufficient evidance to show that mu ex wife was exercising treat rights. ive sended all the docs ive got also she refused to co-operate.
she working prior 2 her study and ive been issued a permit on those bases she been studying for 3 years and working after that. ive submitted student loan lettre university lettreand the all others docs.
my lawyer was surprised that my application was turned down.
n we gonna appeal against that decission.
so what i need 2 do guys any advice plz the HO decission made my life a hell

[Obie]

What evidence did you provide? Did the evidence demonstrate you ex was exercising treaty right up to the time the divorce was finalised ? Which is the requirement for retained right of residence. If you cannot established a retained right under regulation 10(5) then you cannot secure a PR under 15(1f).

[Azhaar]

I believe u should have included a comperhensive sickness cover-- for the time ur ex was student..

and employment proof for the period of her being a worker..

your solicitor should have advised before applying -- as it says it clearly in chapter 2 of the caseworker guidance..
and chapter 6 for permenant residence / please check this link to show u the evidence needed for the applications..

http://www.ukba.homeoffice.gov.uk/sitec ... cklist.pdf


thanks

[Kitty]

If your ex was exercising treaty rights for the period August 2006 (when you arrived in the UK as her spouse), then you would have acquired PR on the 5th anniversary of the date you entered the UK, and would not need to show a retained right of residence.

It seems that the 5th anniversary date was before your divorce was finalised.

However, you will need evidence that your ex was exercising treaty rights (and had the correct sickness insurance for any period during which she was a student or self-sufficient). The refusal letter will probably set out examples of the kind of evidence that the Home Office would find acceptable.

If she will not co-operate but you have an address for her, then you may apply to the Tribunal to order her to provide evidence for you as part of the appeal process. Your solicitor should know how to apply for this.

[carrotcake]

The time frame for EEA4 processing seems to be very quick.

I pray i get my positive response very soon too. Application received by the HO on 4th October, COA received 14th November.

I am positive that it shall be well by God's grace.

[angelo1181]

hi thx guys for reply
Ive submitted my pay slips for the last for months and p60 prior to my application and the case worker wrote in the lettre that i didnt show enough evidance that I was exerceing my treaty rights. I got my ex wages slips now plus her employment contract showing that she was exerceing her rights while the divorce is going throw, also she give me her original degree as proof that she was student and she finished her course also she was doing some part- time jobs while she was student and thats why she doesn`t have comprehnsive sickness inssurance and ive got her P60 for one of those job.
thats what the lettre ask for anyway. n hopefully the appeal will go on my way. my solicitor said that in addition to all those papers i need to go n give oral evidance, Any one been in appeal b4.
thx guys