ILR under legacy case to british, or any other way? help plz

[peyam]

I initially has applied for asylum in Feb 2004, and my case was refused and exhausted. (I had a complicated case and lots of courts but at the end they refused me).
In 2008 I married with a my girlfriend whom was a EEA nationality, and i've got a member of family of EEA Visa in regard of my marriage. The time of my visa will end in march 2013, but i have a problem about after that.
actully my wife and I had some problems and we decide to divorce, and in september 2012 we got our decree nisi.
I am not sure that now after my divorce as i am not any more an EEA family member, I can apply for my ILR in that way, but now what should I do? after 4 years of working as EEA family member and paying taxe, etc... is it fair that i loose my documents?
I know that lots of my friends that come to uk as the same time as me got their ILR and then their british, so i think of this way.

I have contacted The Home Office on several occasions to find out about my immigration status to know that if my case is part of the legacy programme. but unfortunately, I have been unsuccessful and nobody answered me,
then I asked my solicitor to do it, but UKBA did not answered again, after that I met a Member of parlemant, but now after nearly 4 months i had no answer from MP,
I am going to be crasy, 1year pass and UKBA didn't answer to me, my solicitor and MP. I think home office could't find my documents, and what should I do now?
can anybody help me about this problem, now after lots of years of being in UK should i again wait for a 3 years ILR !! or they will give me any 1 year ILR, or brithish pass?
help me please.

[peyam]

please answer me if you know what should i do

[Greenie]

Your case will not be part of legacy because you were issued a residence card therefore your case is not 'unresolved'

i would suggest you look into whether you have retained rights of residence under the Eea regulations.

How was your wife exercising treaty rights during your marriage? Do you have evidence of this? Do you have your decree absolute yet? Are you currently working

[peyam]

How was your wife exercising treaty rights during your marriage? Do you have evidence of this? Do you have your decree absolute yet? Are you currently working
.

hi, thanks for reply,

during 2008-middle of 2010 we have a good life, we live as we should, until we have some problems, i had some evidences of living together, like bills and housing tax of our house, but from 2011 we lived seprated, and from october 2011 she applyed for divorce, the decree nisee was not 100% untill now and also absoule,
and, yes i am working part time, and have p60.
you know, the issue that makes me worry is that t Ihink that if home office aske my x wife to sign about some thing relating to she won't accept to approve it, any way , i am not sure about her at all, and this is my life!!! she doesn't care about it

[peyam]

How was your wife exercising treaty rights during your marriage? Do you have evidence of this?

also I haved our marriage certificate as well,
in your opinion, at the end of my visa date in murch 2013, can I apply for ILR? and in that case, is it important that I am still living with her or if it is necessory for her to sign anything about me? I prefer don't start any connection with her any more,

[Greenie]

You can't apply for ilr under the Eea regulations you would need to apply for confirmation of permanent residence instead. You need to show your wife was exercising treaty rights during your marriage. Was she working, studying etc during that time?

[peyam]

Was she working, studying etc during that time?

Yes, at the first year she worked as medical assistance,, but after that because
of her illness, she stoped working.

[peyam]

You need to show your wife was exercising treaty rights during your marriage.

)

Sorry i asking this, but can you explain what should i really show about her?
You repeat this sentence in your bothe answers, but i can't undrestan it.
((Mybe my english is not good enough ))

[geriatrix]

Evidence that you wife was either employed or self-employed or studying or was self-sufficient.

See also 6. Retaining a Right of Residence and Retaining right of residence after divorce.


Moving topic to EEA forum.

[peyam]

Evidence that you wife was either employed or self-employed or studying or was self-sufficient.

Moving topic to EEA forum.

thanks,
so let me say what I have now,
1) march/2008 original certificate of an entry our marriage,

2) june/2008 letter of home office issued to my X-wife that :
you have been issued with a registration Certificate. It is enclosed with this letter together with the documents submitted in support of your application.

3) june/2008 letter of home office to me:
I am returning your document which features an endorsment confirming your status. at present you only claim to remain to UK as the family member of EEA national who is exercising treaty right here.

4) EEA Residence documentation valid until 27 of june 2013 , and
european health insurance car valid until 27.7.2015

5) paying counsel tax, utility bills, TV contract, of our home (that we lived toghether), until the time i lived in that house.

6) we livied together from 2008 to middle of 2010, in the first year she worked, but then as she had lots of depressing problem and use lots of pills, she really makes me in trouble, in middle of 2010 i moved form our home, and come to another city, in october 2011 she applyed for divorce, I know that she is now living in our house, with his child (i am not the biological father of his son), and she is not working, but i think she is living on the base of her illness benefits.

7) coventry court answered: (7th of august)
certificate of entitlement to decree
... the court has fixed the 26th september 2012 for pronouncement of a decree by a district judge...
... it is un necessary for any party to appear at court...

8 ) like now, during this 3.5 year, most of the time i worked as part time, and i have some sallary slips (for my last year), and also my p45, in both cities i have been lived, and i pay councel tax and my housing tax, and never get joballowence benefits,

9) these are all i have. I suppose that my x. wife, becuse of her problems, doesn't help me any more, if i need any more document.

do you think that with all these, I can apply for confirmation of permanent residence?

[tanabrennan]

EEA Route is not about you but about your wife, your living in the UK is bcus you married to an EEA, so you need documents that she is working or self sufficient or student during those years until your divource date. You are not answering the question you were asked here, so it will be hard to advice you. You can try and see an immigration lawyer that knows about EEA or contact a law centre so that they can advice you better. Your wife documents is the most important document you need to retain your residency or permanent residence. How long have your wife been living in Uk, has she worked non stop for 5yrs in the UK before sick? is her sickness makes her permanentely incapacitated after working for 2yrs in UK? All of this you have to prove to Home Office.