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