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Eea Ex-Spouse Exercising Treaty Rights

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#11 Mutly

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Posted 29 October 2012 - 12:49 PM

The period of five years residence leading to permanent residence can be any continuous five year period provided the person is still resident in the UK. The form assumes it's the five year period ending with the date of application but it doesn't have to be and that's been judicially established. Sometimes though the mistake can happen if attention isn't drawn to a specific five year period with residence continuing, or indeed even if it is.

I know it doesn't help, but unfortunately it's not that uncommon that people have difficulties because a former spouse refuses to provide documents, and yes your experience will be useful for others in s similar situation.

Good luck with your advisor!



#12 Chihiro

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Posted 09 November 2012 - 02:28 PM

The period of five years residence leading to permanent residence can be any continuous five year period provided the person is still resident in the UK. The form assumes it's the five year period ending with the date of application but it doesn't have to be and that's been judicially established. Sometimes though the mistake can happen if attention isn't drawn to a specific five year period with residence continuing, or indeed even if it is.

I know it doesn't help, but unfortunately it's not that uncommon that people have difficulties because a former spouse refuses to provide documents, and yes your experience will be useful for others in s similar situation.

Good luck with your advisor!


Thank you for the information, it's very helpful. I talked to my adviser and decided to appeal against the refusal. First of all, there is no European regulation or law about five years residence. As far as I understand UKBA is trying to establish their own rules, but this isn't the law, so they cannot refuse me because of this. Besides that, I can provide proof of five years residence for both of us (but even not at the time of the divorce for the ex spouse), but no one from UKBA has requested any evidence about that! Isn't it waste of time just to refuse instead of requesting more evidence? Well anyway, this mistake will cost me lots of nervs and money. I'll keep you posted!





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