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my application for PR had being refused by the ukba based on the fact that there is no evidence that me and my ex wife lived together in the uk for at least one year before divoiced, I was given the option to appeal. I have lived here for 6 yrs, one yr with my ex wife who is an eea citizen and 5 yrs with my partner who also is an eea citizen, we have a child together and are still living together. Is this enough for me to make an appeal against the ukba decision?

You cant bring your whole life story into an appeal hearing. You application was based on you cohabiting with your wife (now your ex wife). You are challenging UKBA on the refusal of that application, and you have to prove that they were wrong to refuse your application.
Your cohabition with your new partner is of no use for appeal hearing. Judge is there to hear your arguments that challenge UKBAs decision and not your present circumstances with your present partner.

You should consider what rights you might have as a result of being "unmarried partner" of an eu citizen ie your present partner. If you qualify and you have proofs to show you are living together then you can make a new application to UKBA on those grounds.

Experts correct me if I am wrong.

Thanks, mrlookfoward,
actually, I am contesting the decision based on the fact that I have build a family life here in the uk, the UKBA wrote that my application had been considerd under Article 8 of the Human Rights Act. also me and my partner have a date already for our wedding.

Thats good that you have decided to marry. As soon as you marry you can make a fresh application to UKBA based on your new (present) marriage.

I was trying to point you out about the appeal process. You article 8 argument that you have now have new relationship is a useless argument for your appeal hearing. As I said before, judge is going to decide on how correct or how wrong was the decision of UKBA to refuse you PR based on your previous wife. If the judge decides that UKBA was wrong to refused your PR you win, otherwise you loose. Your present relationship has nothing at all to do with your appeal.

Thanks.