I was married to and EEA national in December 2003. Granted a leave to remain in the UK in March 2005. I was divorce from my EEA husband on the13 May 2008 and married a British citizen 30 August 2008. My application to remain in the UK on the ground of my present married was refused and I was adviced to make another application on the ground of my previous marriage. I have just been refused my application for a residence card on the grounds that my EEA partner qualified on the ground of his employment. The ground for refusal was that he was not exercising his treaty rights through employment as he stopped working on the 22/4/08. Howevere, he was not dismissed from his employment until the 20/5/008. Th UKBA concludes that he was not in employemnt when his decree absolute was made whcih was 13/5/08 therefore my application was not valid. I intend to appeal this decision by arguing that he was still in employemnt until he was dismissed on the 20/5/08. how do I support my argument?
Thank you for your question.
Please could you confirm the circumstances surrounding your former husband's employment? How long did he work for? Was he employed or self-employed? Was he made redundant? How long did he stay in the UK after April 2008? Did he claim Jobseeker's Allowance? How long was he unemployed for?
The answers will help me determine if he had retained the status as worker.
Thanks in advance.
If not, do you think you would be able to obtain a letter from his former employer to confirm that he left work in May 2008?
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