EEA family permit refusal apeal - help!

[dekid]

Hi, I was granted a EEA family permit in 2007 shortly after my ex (German national) were married (Juky 2006). We were living and working in the UK from then to the present date. We got divorced in June 2010, but as we were married for more than 3 years and living together for more than 1 year, my solicitor advised I would be able to apply for another 5 year visa. The only problem was as with many divorces my ex and I are not on speaking terms, and I have no evidence and can get no evidence of her working "exercising treaty rights" during the divorce. I applied for the visa and it was refused on the grounds that I could not prove the above mentioned. My questions are:

Has anyone been in a similar situation, and appealed on the grounds that it is unfair for them to expect me to be able to provide this information, given the fact that my ex and I are not in communication.

I have heard that the courts can request for the HMRC to provide this evidence, is this true?

And lastly, as my application got refused and I am now appealing, am I aloud to continue working?

Thanks

[EUsmileWEallsmile]

This may be of interest.

http://www.immigrationboards.com/viewtopic.php?t=110953

[Directive/2004/38/EC]

Note that it is called an "EEA Family Permit" only before you move to the UK.

You then had a Residence Card.

Over what period was your wife working? Continuously?

[dekid]

Sorry, yes it is a residence card, she had been working continuously in the UK since oct/nov 2006 and believe she is still working in the UK now.

To make it easier I thought I'd put the full sequence of events:

I first came to the UK (from South Africa) in Oct 2003 on a 2 year working holiday maker visa, and I met my ex mid 2004. In Dec 2005 (I had a 3 month extention on my visa) I went to Germany (Ex is a German national) and then back to South Africa in Jan 2006, travel back and forth to Germany until July 2006 (between Dec 2005 - July 2006, my ex was living at home in Germany) when we got married in South Africa. We came back to the UK in August, at this stage I had a 6 month EEA family permit, when I got to the UK I applied for a 5 year residence card which was grated in March 2007. The relationship broke down and I moved out, divorce proceedings began April 2010 and finalized in June 2010, as far as I am aware my ex is still living in the same property we were renting from Oct 2006, and has been working since around the same time continuously.

[Obie]

It seems like you qualified for PR in July of last year. The question is what evidence have you got of your ex activity.

You will have to go to the Tribunal and get them to order the UKBA to find out about her work history.

During the Divorce proceedings, did you not get any evidence of her earnings?

Other option is to try and speak to her politely, and hopefully appeal to the good nature of her heart. Alternatively go the drastic step of hiring a Private investigator to undertake survillance of Her at work

[dekid]

I did not get any info as we were not on speaking terms before the divorce, and there is no way I can get any evidence now. I believe the only option I have is for the tribunal to request the info from the HMRC, do you know if I can continue working during the apeal and does anyone know how much longer this could go on for?

[Directive/2004/38/EC]

I would recommend first that you think laterally about whether you have any evidence of her working in the UK.

Second, consider whether you can contact her to ask for evidence that she was working in the period from when she started working for the next 5 years. If that can work out, it will be the fastest and easiest.

Finally you will need to get a court order. I do not know which court can/will provide that. It MIGHT be that you could apply for an RC, get refused by UKBA, and then appeal and somehow get the court to do the order as part of the appeal.

But I am not a lawyer and really do not understand the options in this area. You will need professional advice.

Please update this thread when you have solved the problem. It would be very interesting to know the approach taken and how it worked.

[dekid]

Just a quick update on one of my questions:
"as my application got refused and I am now appealing, am I aloud to continue working? "
I have spoken to the UKBA this morning and they have advised I can continue working.

[Directive/2004/38/EC]

Just a quick update on one of my questions:
"as my application got refused and I am now appealing, am I aloud to continue working? "
I have spoken to the UKBA this morning and they have advised I can continue working.

Interesting!

As part of your appeal, have you asked the judge to require UKBA to produce the information about your wife?

[dekid]

Hi Again,

Just a quick update, I had my appeal hearing on 06/11 and it was successful in my favour.

What I want to know now, is how long does it take for the UKBA to issue my visa? After my refusal they posted all my documents back to my solicitor, but I have been told they will not write to them to request it to be sent back, but I dont know how long this will take them?

Any ideas?

Thanks