Application to Retain rights of Residence refused

[ribena]

Hi

I hope someone can help me.

I have applied to retain rights of residence after divorce but it has been refused. I was given a First tier tribunal appeal form and has 9 business day to appeal.

On the Refusal to Issue a Residence Card, it say in the letter I can appeal on the following grounds or submit a further application (if I am in position to submit necessary information to support my application)

I would like to know which is the best way forward:
1. If I appeal and it's not succesful, can I appeal on the appeal?
2. Or best to submit another EEA applicaiton (with letters on his name and explain why there is no bills on our names?)

Documents found on his name to the address:
1. Previous tenancy agreement for room- Feb 2009
2. Cancellation of his mobile insurance-2010
3. A letter from a solicitor - 2010
4. Small claim court letter on both our names but address to my work address (previous landlord was threatening us hence the work address) - Mar/Apr-2010
5. Various hotel bookings and e-tickets of our trips from 2009-2010
6. Divorce form where he wrote down the address and dated Feb-2011

I have gathered as many proof I can find with ex spouse name to the current address (I am still living at the same address as he did). As I was the one supporting both of us and he was the 'househusband', there were nothing on his name ie: bank statements.

And because we were renting room, all bills are included in the rent. No bills or tax in our names.

I really at the end of my wits on how to provide evidence that he was exercising his Treaty rights. I believed him being self sufficient is one of the rights?

Documents that were provided when I applied for retention:
1. A couple of months pay slip and P60.
2. Bank statements on my name only (see above)
3. Passports, photos.
4. Decree Absolute

Can someone please help me?

Thanks

[Azhaar]

can i ask what documents have you given to home office//

normally you need to give:
Marriage certificate
divorce certificate - this to show that your married lasted at least 3 years -
your husband employement history till divorced finalised
show that you are yourself is working - excercising treaty right as if you are the EEA National..

showing evidence of the above should be enough..

prove of residence for both of you should be for at least 1 year,,so any of the list would be ok: bills, tenancy agreement, even letter with your names.
doesnt need to be joint but has to show same address for that one year.

___________________________________________________________



thank you

[ribena]

can i ask what documents have you given to home office//

normally you need to give:
Marriage certificate
divorce certificate - this to show that your married lasted at least 3 years -
your husband employement history till divorced finalised
show that you are yourself is working - excercising treaty right as if you are the EEA National..

showing evidence of the above should be enough..

prove of residence for both of you should be for at least 1 year,,so any of the list would be ok: bills, tenancy agreement, even letter with your names.
doesnt need to be joint but has to show same address for that one year.

___________________________________________________________



thank you

Hi

Thank you for your reply.

I have metioned above the docs in included. And why there is no bills. Only a previous tenancy agreement 2009 and the thing is we moved so often.

I would like to know how do I proceed from here. Now I have some letters and I still can't prove that he is self sufficient, with me working and was providing for both of us.

Do I send a fresh application or appeal?

If the appeal is not successful, can I appeal on the appeal?

Thanks

[nonspecifics]

You have indicated the EEA national was meant to be exercising treaty rights as self-sufficient - based on you supporting him financially.

Did he ever exercise treaty rights without being supported by you? When you applied for a residence card as a spouse, what evidence was submitted then to prove he was exercising treaty rights?

Did you have CSI for the both of you or foreign Ehic cards?

What exactly did it say was the reason for refusal?

[Obie]

It seems you have been unable to discharge the burden of proof of eligibility for retention of rights of residence.

I don't believe you will get a lot form applying for reconsideration, as you have no further evidence to provide.

For the claim of Self-Sufficiency, you have failed , it seems, to provide either a Medical insurance or a bank statement showing you provided for this chap.

How long have you been in the UK? what have you been doing?

This case seem complex, and really cannot be addressed on forum, due to lack of evidence.

You may want to consult a legal expert.

[ribena]

Hi nonspecifics and Obie

Did he ever exercise treaty rights without being supported by you? When you applied for a residence card as a spouse, what evidence was submitted then to prove he was exercising treaty rights?
--> I have always supported both of us. When I was applying for my residence card, we provide my pay slips and his Dutch medical insurance card 2009 and he has EHIC expired 31 Dec 2013
I have NHS and EHIC.

The reasons for refusal was
1. .. You must be able to provide evidence to confoorm tha the EEA sponsor was exercising his treaty rights before and up to the date of divorce and provide evidence that since the divorce you have been a worker, self employed person or self sufficient.

You have not provided any evidence to show(ex-spouse's name) exercised this Treaty rights during your marriage and up to and including the date of divorce. You have provided no evidence to show that you resided with your ex spouse for a year during the course of marriage.

You have failed to provide evidence that your EEA family member was a qualified person at the date of the termination of marriage.You have therefore failed to satifsy Regulation 10 (5) of the Immigration (EEA) regulation 2006.

--> I have included my bank statements, pay slips Sept & Oct 2011, P60, decree absolute.

We have been in the UK since may 2008 and I have been working full time since June 2008 till now with the same company.

arghhhhh.. sorry need to vent
thanks

[nonspecifics]

That is quite a detailed reason for refusal letter, so that is helpful in telling you exactly what else they need.


It's up to you whether to appeal or not. If it's correct that you never included enough evidence to prove your case, then it is better to re-apply. If going for appeal, oral appeals have much higher rates of success than papers only.


If I were you I would break your evidence into separate categories clearly labelled, so you can properly assess your evidence ( and UKBA can too) as self-sufficiency applications can be a lot more complicated.


You can label them under the separate categories as they listed them in the refusal, if you think that would be simpler or use a list like mine.

There are several things you want to prove.

The first is the EEA was exercising treaty rights as self-sufficient.

Also, proof that he was genuinely resident in the UK - which can be harder for self-sufficients to prove.

As the non-economically active are not clocking-in somewhere ( like a worker does) UKBA can say there is no proof where the person was, as EEA's do not have their passports stamped when leaving and entering the UK if travelling within the EEA area.


You need to make it clear in a cover letter that the EEA was exercising treaty rights as self-sufficient.

To prove EEA is exercising treaty rights as self-sufficient.

1. CSI

Proof of CSI for the EEA and you till date of divorce. The Dutch ehic should do for EEA's CSI. Is your Ehic from UK or where?

2. Proof of sufficient funds

Your payslips, savings and evidence that the EEA benefitted from those funds ( if possible) such as proof you paid bills, paid rent etc till date of divorce.

3. Proof he was resident in the UK. i.e council tax bills showing he is listed in the house would be best if no bills in his name or statements in his name showing withdrawals in the UK or rental agreements or anything else.

e-tickets showing showing any trips were from and back to the UK. It helps to show the EEA was resident at least 6 months in the year in the UK.


Then for your retention of right of residence:

1. Proof of relationship. I think it is Married minimum of three years and at least two before initiating divorce proceedings.

2.Proof both of you living in the UK for one year during your marriage and living in the UK at the time of the divorce.

The gurus have advised before you do not have to prove co-habitation, living with your spouse in the UK means both in the UK. You should prove you were both resident in the UK and had a relationship. Not necessarily in the same house all the time. ( Some people have to work away from home but meet their spouse for romantic weekends together etc).

You can refer to your payslips as also proving you are resident in the UK, though you can have them in the proof of funds bundle of evidence.

3. Proof of divorce.

4. From date of divorce, Proof you then were working as if you were the one exercising treaty rights. Presumably, as you would then be a worker you should not require CSI after the divorce.