PLS URGENT ADVICE !!!!

[leky *]

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

[Azhaar]

Hi sorry to hear about the refusal.

Have u submitted ur divorce certificate and if u had a residence card the home office should have seen ur marriage certificate.

Did u provide any proof to show that ur ex was working until divorce

U should b working after the divorce to qualify for retention right of residence if u r a student u won't.

U can resubmit ur application.


Let's see what others will say.




Take care and don't worry it'll b sorted

[leky *]

Hi thanks for your replay!

yes I submitted my divorce certificate and they definitely have seen my marriage certificate!

but I don't have any proofs from him, just empty words! really tried to get something from him but without success!

and yes I worked after divorce...still working but long time ago finished Uni.

seems there is still hope but not sure where to start???

anyway thanks

[Azhaar]

Do u know where he works. Cus u can try to give his work address to the home office so they can investigate. Im not sure they can do that but at least the court will.


Best of luck.

[aa123]

You should hire a good solicitor that can fight your case on the previous legal stay when you was a student and worker and the stay when you was married.

[Kitty]

leky, you can appeal, and the appeal process could be useful to you in obtaining the documents you need.

If you know where your husband is living, you can apply for a witness summons to force him to provide evidence to the Tribunal.

Was your husband living in the UK during the whole 7 years of your marriage?

If he was exercising treaty rights (working, studying etc.) during all that time then you may be able to show that you have actually acquired a right of permanent residence on the 5th anniversary of your wedding.

Did your husband provide evidence of his earnings as part of the divorce process? Did he make any statements as part of the divorce process or in reaching a divorce settlement? Contact the solicitor who handled your divorce and ask for your file, if you have not already done so.

What other accounts did you hold jointly during your time together? If they were in join names then you may be able to approach utilities companies or your bank for back-dated statements of account showing a joint address in the UK.

[Obie]

Based on what you have stated, i don't believe your current lawyer is representing you properly. Whether or not you keep him on board is a decision only you can make.

Firstly i believe you can do what kitty suggested above,

Get a summon for him to attend court, or under the Court of Appeal ruling in Amos, you could even ask the HO to enquire with the revenue service of his employment history, which they can do if the want to help.

If all of this fail, you could wait until you click 14 years, which you would have mostly reach before the end of the appeal process and apply under the 14 years Long residence rules.

If during the this 13 years period, you held 10 years lawful residence, you could apply under 10 years long residence concession.

I wish you all the best.