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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 1991
Experience:  BA (Hons), PgDip, Practising Solicitor
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I was married to and EEa nation in december 2003. Granted a

Customer Question

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?

Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  A. Valcke replied 6 years ago.
Hello,


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.

Customer: replied 6 years ago.
He was employed with the same company between 2005 and 2008 as a warehouse operative. he was in full-time employment and well liked by his employer.he was an employee. I was able to find another employer who confirmed that he was in their employment between Dec 2008 to March 2009 so he was in the UK until at least Mar 2009. I know that he did not claim JSA as he was opposed to getting anything for free. From what I can gather from some of his old associates, he was bereaved in April 2008 having lost a sister. He may have left the country for a while, this I cannot confirm. I am sure he had planned to go back to work but gave up when he recieved his letter of termination. Hope this help answer the questions.
Expert:  A. Valcke replied 6 years ago.
Do you have a copy of the letter of termination sent to your former husband?


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?

Customer: replied 6 years ago.
I have a copy of a letter from his employer which indicates that he last came to work on the 22nd of April 2008 but following an AWOL procedure, his was dismissed from his employment on the 20th May 2008. I can scan the letter and sent it ASAP including the letter from the UKBA .
Customer: replied 6 years ago.
I have a copy of a letter from his employer which indicates that he last came to work on the 22nd of April 2008 but following an AWOL procedure, his was dismissed from his employment on the 20th May 2008. I can scan the letter and sent it ASAP including the letter from the UKBA .
Expert:  A. Valcke replied 6 years ago.
Thanks for confirming. Did you include this letter when you applied to the Home Office?