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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2143
Experience:  I am a qualified solicitor and an expert in UK law.
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Permanent Residence refused

Resolved Question:

I've submitted all the appropriate documents with application for a Permanent Residence on the basis that I have a child living in UK but it was refused. The reason for refusal is that the marriage with my child's mother lasted for less than 3 three years and I should have also submitted prove that she has also been working since we've divorce to date. I really don't understand this because I've simply applied on the basis that I have a child who's resident in the UK and as far as I'm concerned the application is in no relation to my ex-wife.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

I think you made the wrong application, if you have applied for permanent residency and have failed to provide the documents required then yes the refusal was valid.

 

If you wish to remain in the UK you should have either submitted an access to a child application which is an application within the immigration rules or further leave to remain on a discretionary basis. which is permission to remain outside of the rules at the UKBA's discretion.

 

I hope this answers your question, if so kindly rate my answer positively.

 

Kind regards

Customer: replied 2 years ago.
I've used the relevant form for the category in question and it was confirmed it was the right one. I've used EEA4.
Expert:  UK_Lawyer replied 2 years ago.

If you are applying for permanent residency using form EEA 4 then you are applying for permanent residency under EEA rules and if your partner has not been adhering to what the UKBA has mentioned then you do not qualify for permanent residency.

 

If your partner was not working at the time for your divorce and you had not been resident in the UK for 3 years then you do not retain rights of residence.

 

You need to apply for discretionary leave to remain on the basis of your child, you do not qualify for permanent residency.

 

I hope this answers your question, if so kindly rate my answer positively.

 

Kind regards

 

Customer: replied 2 years ago.
I've been on a 5 year Residence Card prior to making an application for a Permanent Residence and, of course, I've applied under EEA rules and my ex-wife was exercising Treaty Rights at the time of divorce and so was I, I've also submitted a 5 year evidence of myself exercising Treaty Rights, among other documents.
Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

Just to clarify:

 

How long have you been in the UK prior to your wife divorcing you?

Have you provided evidence of her exercising treaty right?

Have you provided evidence that at the time of divorce you had been in the UK for over 3 years?

 

Kind regards

Customer: replied 2 years ago.
I've been in the UK since 2004 on a UK as a Working holidaymaker, got married in 2006 and divorced in 2008.
I didn't provide my ex-wife's evidence exercising treaty rights for we're not in good talking terms, however, I've made an application to retain residence on the basis that I have a child in the UK from the same marriage.
Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  UK_Lawyer replied 2 years ago.

Thank your reply.

 

To qualify for permanent residency you MUST have been married in the UK for at least 3 years. You do not meet this requirement at you were only married for 2 years (2006-2008)

 

AND

 

Your partner must have been exercising treaty rights in the UK at the time of divorce.

 

You do not qualify for permanent residency, and therefore the only way to apply for leave to remain in the UK is either access to a child or discretionary leave to remain.

 

I hope this answers your question, if so kindly rate my answer positively.

 

Kind regards

Customer: replied 2 years ago.
The EEA Regulation states "If the non EEA national obtains right of access to the child of EEA national and the court orders that such right must be exercised in the UK, he / she may be able to retain his right of residence in the UK. The non EEA national must also provide evidences that he qualifies to be a worker / self employed person / self sufficient person as if he is an EEA national."
What application would I have to use to apply for the above category?
Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

Yes this is correct, did you submit a covering letter with the form stating that you are applying for retained rights of residence. Then yes the form used should have been sufficient.

 

Please see following link:

 

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter2.pdf?view=Binary

 

I hope this answers your question, if so kindly rate my answer positively.

 

Kind regards

 

Customer: replied 2 years ago.
No, I didn't include a covering letter. If I were to appeal against the refusal and state my case then how likely is it for the for the decision to be overturned?
Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply, kindly rate my previous answer and I will be happy to answer your most recent question.

 

Kind regards

Customer: replied 2 years ago.
Only if I was applying for Residence Card the link would have been useful. Now I that I believe I'm entitled to Permanent Residence then I find it useless.
Expert:  UK_Lawyer replied 2 years ago.

I would suggest you submit a fresh application for permanent residence if you belie you are entitled to permanent residency.

 

I would suggest you inform them in the covering letter of what you intend to apply for an then submit an application.

 

I belie I have given you answers to sufficient question so kindly rate my answer positively.

 

Kind regards

Customer: replied 2 years ago.
I can't make a fresh application because I've lodged an appeal already because I can't wait another 6 months for another application to be decided. If the court rules in my favour how long would it take for me finally receive my Permanent Residence?
Expert:  UK_Lawyer replied 2 years ago.
That is dependent on how long the tribunal takes to submit the determination to the ukba in any event this should not take longer than 3 months.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2143
Experience: I am a qualified solicitor and an expert in UK law.
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