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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 275
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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This is my question. I'm an ex wife of EEA national.

Customer Question

Hello, this is my question.
I’m an ex wife of EEA national. We got married June 2009 and I first got EEA FP for a year, and in summer 2010 I got a 5 year EEA family member residence permit.
We divorced in February 2015 but we haven’t lived together for a couple of years before then.
He was in an out of the country during this time, so he only had documents for the first couple of years of our marriage and for the last 1.5 years. In the middle 2 years he hasn’t paid taxes and didn’t have a proper job in UK.
I was working all this time (and before that - since 2004) and I had great documents (about 5 kg - i’m self-employed) for every year since 2004 and definitely for every year since 2009 - taxes, NICs, invoices, bank statements, rent agreements, work references, special achievements etc. My papers are in total order and up to date in all respects.
I also had our joined documents for the first 2.5-3 years of our marriage and his own documents for the last 1.5 years till April 2015.
I have applied in April 2015 for Permanent Residency (instead of Retained Right of Residency), because I read somewhere of this law: Goodwin Oche Amos & Emilia Amanda Theophilus v SSHD (2011) EWCA Civ 552*
When applying for PR after 5 years of marriage, the non-EEA only has to prove that they worked 5 years till divorce and they don’t have to prove that EEA worked 5 years till divorce.
I forgot to quote this in my cover letter, but I hoped they knew about this.
A few months later I had to ask for my passport back, because I had to travel and I asked them to expedite the process of issuing me with a visa. They were very nice and called me a week later and offered me a 5 year residence permit.
This was their reply:
" Unfortunately after assessing your application it is decided that you do not currently qualify for permanent residence. This is because from the evidence provided we are not able to establish that your former spouse was exercising treaty rights in the UK for a continuous period of five years. Nor can we establish that between you, you have exercised treaty rights in the UK For a continuous period of 5 years through the point of divorce.
It is understandable that you are not able to obtain evidence from your former spouse and the department can carry out external checks in order to establish his record of employment / self employment however these checks can take between 3 and 6 months.
I am aware that you need to receive your passport back for travel purposes and therefore I am writing to offer you a residence card in place of permanent residence. This will be valid for 5 years and when this expires and you need to apply again, the department will then carry out external checks and decide your application for permanent residence based on the results.”
I took the 5 year visa and I was glad that I retained my right of residency, and I thought that now on the independent basis - I could apply for PR straight away as I don’t have to prove anymore anything about my husband (who since left UK).
However, I’m now surprisingly discovering, that if I were to apply for PR now (after almost 7 years of residence) - I still need to prove that my husband worked for 5 years till the point of divorce?
And I can’t find anymore references to this precedent, which I was hoping to use: "Goodwin Oche Amos & Emilia Amanda Theophilus v SSHD (2011) EWCA Civ 552*”.
Turns out, that i just can’t produce the documents that he did exercise his treaty rights for 5 years, but I can prove that he was a qualified person at the time of divorce.
Does it mean that I’m forever not eligible for PR now, or is there any other window I can find - preferably into this "Goodwin Oche Amos & Emilia Amanda Theophilus v SSHD (2011) EWCA Civ 552*”?
I would like to apply for PR now as "a former family member of an EEA national if you’ve retained your right of residence after the EEA national died or left the UK, or your/their marriage or civil partnership ended in divorce, annulment or dissolution”.
Timeline:
Marriage: 20.06.2009
EEA FP: September 2009.
EEA RC: July 2010.
Divorce: February 2015.
Applied for PR (on the basis of 6 year residence and husband being a qualified person at the time of divorce): April 2015.
Received EEA RC with ROR: July 2015.
Now I feel like I’m ready to apply for PR as soon as possible, I just need to clarify a few things and I would really appreciate your help, thank you.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Frantz I replied 9 months ago.
HelloThank you for your enquiry.JA is not a platform to request UK immigration advice. JA provides a platform for answering general and specific questions. In order to receive the right support here your questions need to go directly to the specific issues you need general answers to. If you are able to identify specific questions then someone on JA may able to help with general support and not advice otherwise it sounds like you do need full immigration advice. You need to seek independent legal advice.
Customer: replied 9 months ago.
Ok, than let's make it general - can you please tell me where I can find reference to "Goodwin Oche Amos & Emilia Amanda Theophilus v SSHD (2011) EWCA Civ 552*" and that's it. Thank you.
Expert:  Frantz I replied 9 months ago.
Here is the case.Please rate before you leave.
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 275
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
Frantz I and other Immigration Law Specialists are ready to help you
Customer: replied 8 months ago.
Hello, thank you very much for the PDF file, this is very helpful. One last general question.
Is it true that even after receiving ROR, one still has to list ex-spouse as a sponsor when applying for PR and one has to send all identical documents as for ROR?
or is the any way the non-EEA becomes a little more independent when applying for PR after already having received retained right. Thank you.
Expert:  Frantz I replied 8 months ago.
I am happy to answer further questions when the first has been rated.
Expert:  Frantz I replied 8 months ago.
Unfortunately proving a non-EEA spouse has retained rights to reside in the UK at the date when the marriage has ended will require proving that the EEA spouse has a right to reside on that date. This mean that the non-EEA spouse will require evidence of the ongoing activities of their former EEA spouse.
Customer: replied 8 months ago.
Sorry, not sure I undestand, can you pleas clarify... My question relates to the situation of a person who already has retained their right of residence.
1. Person applied for ROR after divorce.
2. They proved that EEA spouse was active at the time of divorce.
3. They got their 5-year retained right of residence.
4. Couple of years later they wanna apply for permanent residence.
5. Do they still need to send in absolutely all the same papers or their EEA ex that they sent in order to get ROR, or are they a little more independent this time and they can rely on their own papers more than of ex-spouse?
Thank you.
Expert:  Frantz I replied 8 months ago.
To apply for PR you will need to provide all the evidence supporting your application during the qualifying 5 year period including evidence supporting your retained rights of residence.

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