EEA 4 help?

[GODYY]

Hi all! I got married in 2004 applied for EEA1 then, which I was granted for one year! I then applied for anther EEA3 that I was granted for 5 years in 2007! In 2010 I applied for EEA4 permanent residence! Since I got married in 2004 and I had finished the five years. My application was refused as we had separated and the devoice was granted in 2008! I applied on the bases that I had retained the right of residence after being married for more than 3 years and we lived together in the UK for more then a year and been married for more then 3 years as well! As my ex wife was a student I failed to produce a medical insurance and my application was refused on those grounds. I appealed to the court and the apple was not successful! I then applied to the higher court of which it was not successful to. Notwithstanding the fact that I was in another relationship that had lasted over two years with a European national, they still refused my appeal at the high court. We are married now with my new wife. So do I apply for EEA4 or do I have to go through all the same process again! Remember that I still have a five-year permit in my passport, which is still valid! And I have been living in the UK for more 10 years now! What sort of application should I use for permanent residence?

Thanks

[Azhaar]

Ok it seems that there is a bit of confusion..

you are non eea who was married to eea national. in 2004
you dont use form eea1 if you are a non eea.. so u must have submitted a fmrs form that why u were granted with only 1 year possibly ur eea national was from A8 countries (so he/she was under WRS).

THEN IN 2007 you applied for EEA2 -- which you were granted with 5 Years valid till 2012..
circumstances changed as you were divoced in 2008 - so your married lasted from 2004-2008, but u wife was a student and you failed to show her medical cover..
appealed but unsuccessful, went to court but again not successful..

now the question..
i believe that home office didnt accept you as a person who retained right of residence (lack of Medical cover)..

so did your ex wife hold medical cover, until the divorce was finalised as she was a student?

if no then you lost ur residence at that time..

you started another relationship with another eea national can I ask when was that..

in order to be qualifed to be part of a durable relationship, your relationship should have lasted for at least 2 years before UKBA can recognise it..

so i believe once that happens you will start to start with a brand new eea2 application..

thats my opinion but lets see what seniors think..

[GODYY]

Hey AZhaar thanks for the reply
My EEA family member (ex wife) was from Denmark hence not from the A8 countries. They granted us one year for the reason that we were to move back to Denmark with her! That’s the reason they gave!
My ex wife had medical cover! We provided the paper work to the Home office! In 2007, they approved it and gave me five years but they never returned it either. After the devoice, I could not get hold of her to get any sort of proof of medical insurance! That she had at the time! I provided the rest of the evidence they needed apart from the medical insurance.
We have been together with my new wife for 1 year and 10 months but we got married about 6 months ago! I have all the proof that we have been together for about 1 and 10month as we leave in the same house! We have bills together, tendency agreement and the Germany embassy recognized our married too! When I went to court the judge said yes I have established a life in the UK but I do not have evidence to proof that! They know am in a new relationship as well:
Question is: like you mentioned did I lose my residence? Coz if I did it also means I married illegally in this country for the second time!
But having been in the UK for over 10 years now! What sort of application should I use for this! Am thinking of reapplying with EEA4 do you think that’s the right way or am pushing my luck here?

Thanks mate!

Ok it seems that there is a bit of confusion..

you are non eea who was married to eea national. in 2004
you dont use form eea1 if you are a non eea.. so u must have submitted a fmrs form that why u were granted with only 1 year possibly ur eea national was from A8 countries (so he/she was under WRS).

THEN IN 2007 you applied for EEA2 -- which you were granted with 5 Years valid till 2012..
circumstances changed as you were divoced in 2008 - so your married lasted from 2004-2008, but u wife was a student and you failed to show her medical cover..
appealed but unsuccessful, went to court but again not successful..

now the question..
i believe that home office didnt accept you as a person who retained right of residence (lack of Medical cover)..

so did your ex wife hold medical cover, until the divorce was finalised as she was a student?

if no then you lost ur residence at that time..

you started another relationship with another eea national can I ask when was that..

in order to be qualifed to be part of a durable relationship, your relationship should have lasted for at least 2 years before UKBA can recognise it..

so i believe once that happens you will start to start with a brand new eea2 application..

thats my opinion but lets see what seniors think..

[Obie]

You do not qualify for PR.

You could only qualify for PR if you could show evidence that your wife was exercising treaty rights before the marriage ended in 2008.

If she was a student, you will need either an EU medical card or a Comprehensive sickness insurance.

Alternatively you will need to show she was a worker before the divorce was finalised.

Unfortunately you cannot accrue time as Durable partner, as you did not apply to the Secretary of State to assess the durability of your relationship prior to your marriage.

You option is EEA2.

Assuming the time you accrued during your marriage was not considered legal, you will not be able to qualify for ILR under the Long Residence rule.

However, you may qualify for ILR under the 14 years rule.