Evidence In Retained Rights Of Residence Cases
Posted 20 August 2012 - 06:57 PM
This is a very informative article relevant to non-EEA family members who are unable to prove the EEA national's exercise opf treaty rights following separation or divorce. See also the link there to the HO policy obtained by the Freemovement blog author under a Freedom of Information request and the link to the Amos case and previous articles on it.
Applicants applying for a residence card (EEA2) or permanent residence card (EEA4) as the spouse of an EEA national after separation or based on a retained right of residence following divorce who are unable to obtain documents necessary for an application should should speak to an advisor about this issue and how best to proceed.
Posted 19 September 2015 - 10:19 PM
Am not sure if this forum is still up and running but am taking the chance to post a comment with the hope that someone can give me a little advise on this.
My husband is Dutch and am a non E.U. national, my husband is been living here in the uk for 12 yrs and was always in employment. We got married in 2009 and I was given a resident card which is expired in June. I applied for a permanent resident but was denied on the grounds that my husband hasn't been in employment since 2012 hence he was not exercising his treaty rights. He lost his job during the recession and at his age of 60 it was proving very difficult in finding another one. He started getting his pension credit while I am working with the same company for 6 years.
My question is should I appeal or should I submit a fresh application for another resodent card ? The home office said I am not to leave the UK but that I can appeal within 14 days. I know the appeal can take anywhere between 6- 12 months which is very costly while the resident card is much an eaiser route. We need to be travelling and now I am stuck and cannot move until I made a fresh application. My fresh application would be different becuase I will be applying with my husband been a pensioner wherein he would be calssed as self sufficent. I just want to get over with it and carry on with our lives but it seems I have to do another 5 years before I can apply for permanent resident.
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