Immigration question:
I am a non EEA citizen and came to the UK 7 years ago on an EEA Spouse Visa. My ex wife and I separated in 2009. In 2010 I applied for permanent residence. My solicitor advised that I was eligible to apply because although my marriage had broken down I had been married for enough years and met all the criteria. My initial application was sent back by UKBA stating that I needed to demonstrate that my marriage had permanently dissolved- ie a decree absolute. I waited until my divorce was completed and sent the decree absolute along with providing evidence of my relationship with my ex wife and of both our employment histories up to the point of separation. (Once we separated my ex was not willing to support my application in any way) My application was rejected on the basis that I have not provided evidence that my ex was a ‘qualified person’ exercising treaty rights in the UK at the point of our divorce. This is impossible for me because my ex refuses to assist and my lawyer cannot access any personal information about her- tax records etc without her consent. The UKBA argues that the onus is on me to prove she is living and working here- and without that I have no right to stay-but surely as a govt agency they have the authority to verify my application themselves and resolve the issue once and for all? The case went to appeal- we won, but now the UKBA are appealing against the judgement on this point of law about the onus of proof being on me to show that my ex was a ‘qualified person’ at the point of divorce- not separation. My lawyer is 50-50 about whether the UKBA appeal will be upheld. I’m desperate for any additional advice- surely the UKBA can’t throw out my application without at least trying to investigate it?
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