Post
by leky * » Sat Dec 03, 2011 5:12 pm
Hi,
I have applied for Residence Card as confirmation that I retain a right of residence as former spouse of an EEA national. And I've been refused! and at the moment I'm facing appeal against this decision!
To explain all my life story: I'm Albanian! Was married with Swedish guy for more than 7 years!e We divorced in July 2011! Just divorce took more than one year, all what was love turned into hatred! we have lots of proofs from together life but after fights started he took all relevant documents which I would need to proof our marriage as he knows that I will need it! Don't need to mention how much I bagged him to give me what I deserve!
However my lawyer explained all that in letter in my application BUT they said that he didn't lived 5 years in UK as they/I don't have any proofs for it!
With + without marriage (before I had student Visas) I'm living in UK almost 13 years, legal life, built successful career, tax payer, volunteer work etc.
And know I'm facing deportation, not right now but have feeling very close to it!
Yes I have right to appeal and here it is what Home Office sent to me:
''You are entitled to appeal against this decision under section 82 of the Nationality, Imigration and Asylum Act 2002 and Regulation 26 of the Imigration (EEA) Regulation 2006. The appeal must be made on one or more of the following grounds:
-that decision is not in accordance with imigration rules
-that the decision is unlawful because it racially discriminates against you
-that decision breaches rights which you have as member of an EEA National's family under Community Treaties relating to entry to or residence in the United Kingdom
-that discretion under the immigration rules should have been excercised differently
-that the decision is otherwise not in accordance with law ''
I'm so helpless, although I have lawyer, who said me one when I applied and after they refused me he speaks other story , have feeling I know more than him!
PLEASE give me advice, or if someone knows lawyer who dealt with similar cases!!!!!!
Thanks