CAPITA threating calls and no more stay righ in uk

[helix1]

i am a non EU citizen and married in 2006 with my EU partner and got RC 2007 till 2012, i submitted papers july 2012 for PR but it refused which was my EU' s 17th months absence, i had appealed first tribunal it heared last month and judge agreed HO decision, i did not appeal for upper tribunal, i am getting divorce with my partner at the moment i believe i have right to apply Retention rights. but i gor call from Capita and woman says i dont have right to stay anymore in uk pls any advices

[chaoclive]

Did you apply for ROR? If not, you must try to do this ASAP, otherwise you won't be able to prove that you can stay there.

[helix1]

no i havent yet, to apply for ROR, my divorce need to be absulate,

i m married since 2006
got RC 2007 untill 2012
PR refused 2012 oct
appealed 2013 march
first tribunal unsuccefull ( 17 month absence of my EU partner)
now start to divorce to apply ROR

i ve married 5 year over, and one year we both lived in uk she is working aand livin in uk

just need to wait divorce finalize to apply for ROR but i believe i have right to stay if my EU live and works her but now i got threting calls to leave country

[helix1]

even Pr refusal and first tribunal unsuccessfull if my eu partner lives and works here do i have same rights?

[Imshzd]

no i havent yet, to apply for ROR, my divorce need to be absulate,

i m married since 2006
got RC 2007 untill 2012
PR refused 2012 oct
appealed 2013 march
first tribunal unsuccefull ( 17 month absence of my EU partner)
now start to divorce to apply ROR

i ve married 5 year over, and one year we both lived in uk she is working aand livin in uk

just need to wait divorce finalize to apply for ROR but i believe i have right to stay if my EU live and works her but now i got threting calls to leave country

For ROR your wife must me resided in the uk and must be a qualified person at the time of divorce,otherwise your are unable to retain the rights of residence.

[helix1]

For ROR your wife must me resided in the uk and must be a qualified person at the time of divorce,otherwise your are unable to retain the rights of residence

she is living and working at the moment whilst divorce progress, and i live and work at the moment, after PR refused and first tribunal unsuccessfull, we decided to get divorce to apply ROR, in this time i just wondering, capita or immigration might trn my door up? and take me airport out?

[Imshzd]

Call them and explain that your are not under immigration control so delete your record from capita.

[helix1]

i m bit confused one moderator said in here, i m in danger at the moment because i did not appeal unpper tribunal which is no point cos HO was right to refuse because of my wife left country 17 month, so i did not go upper tribunal, we just decided gete divorce and apply for ROR, i did not know that delete record from capita but i will call them and say my position me an my wife still working and living in EU regulation, thank you very much for information

[Obie]

Yes I did say that, but my view was based on the information you provided me in private, about the reasons given by the judge for refusing your appeal. Even if the judge was right to refuse you PR, he was oblidge by law to make findings in regards to your right of residence in the UK. Failure to do so is an error of law, in addition to the information you provided me in private, which I am not sure, from which evidence he based that finding.

I am of the view, and I continue to hold the view, that if you dont challange that view expressed by the judge, then UKBA will use it against you when it came to PR or even retention.

It will be wrong for me to divulge that on the open forum.

[helix1]

Yes I did say that, but my view was based on the information you provided me in private, about the reasons given by the judge for refusing your appeal. Even if the judge was right to refuse you PR, he was oblidge by law to make findings in regards to your right of residence in the UK. Failure to do so is an error of law, in addition to the information you provided me in private, which I am not sure, from which evidence he based that finding.

I am of the view, and I continue to hold the view, that if you dont challange that view expressed by the judge, then UKBA will use it against you when it came to PR or even retention.

It will be wrong for me to divulge that on the open forum

Hi Obie, first of all if i offended you i do apologize, things is make me confuse, you said i m in danger zone and another says no i am not, i did not meant to judge your opinion or knownledge here, i just was wondering if i have right to stay here even pr or tribunal unsuccessfull, why this capita thing hassling me

anyways i m sorry again i just so confused and furstrated at the moment

[Obie]

No you did not offend me at all.

I have a responsibility to maintain information sent to me in confidence. I have my reasons for advising you the way I did, and I stick to it.

If the judge had only refused on the basis of the so called 17 months, then I might have been advising you along the same lines as others.

There are certain things said by a judge, that needs challenging.

[helix1]

have a responsibility to maintain information sent to me in confidence. I have my reasons for advising you the way I did, and I stick to it.

If the judge had only refused on the basis of the so called 17 months, then I might have been advising you along the same lines as others.

There are certain things said by a judge, that needs challenging.
the judge had agreed HO refusen reason which 17 months absence that she was not execrsising in 5 years from that poin i loose my pr application but judge said i seen witneeses ( my wife) and i do accept reason cos of she had leave cos of sickness issues and family thing, and i can see honest and clearity..

so you are advising me same lines as others? divorce and apply for ROR? and what will i do with this capita? i am anot illegal sitll livin and working we both..

[toofan]

i will advise to have some good solicitor as well ,as when things get complicated its better to have professional advice too.

[helix1]

post have to be in English.

I have edited you post.

Please ensure posts are in english as per forum rules.

Thanks Obie.

[helix1]

ok, sorry, i just tried said i dont trust solicitors anymore majority after money