Post
by Obie » Tue Aug 26, 2014 11:07 am
Well i am not exactly sure how OP will qualify under Regulation 15(1)(B).
OP has tax return covering up to April 2013, his qualifying period is November 2013.
OP has tenancy agreement showing he last lived with his wife up to 2012.
OP's qualifying period is November 2013.
From April to November is 7 Months.
OP's claimed his wife died in November 2013, the month of their 5th Wedding anniversary.
For OP to qualify 2 hurdles will need to be overcome, and i cannot appreciate how those hurdles can be ignored.
Firstly he needs to provide the wife's death certificate, as he brought it up to the UKBA. As the husband, it will be logical that UKBA will expect that to be produced.
Continuity of residence applies to the living and not dead, and in any event, there need to be evidence that from the end of the tax year in April till November OP was exercising treaty rights.
From a person suffering from terminal cancer, it is logical that she will not have been able to perform her service for a period prior to her death, so evidence of her ill health will need to be produced, from the time she ceased activity.
Again i insist, that OP will need the death Certificate if his wife died before the 5th Anniversary of their marriage to qualify. If she did not, then the burden will be on him to prove it.
SO in light of the above point, it is hard to see how OP will qualify.
OP has already accepted that his wife died before his qualifying period, so it is Regulation 15(1)(E) and not (1B) that seems to be in play.
Continuity of residence cannot be applicable to the dead, it seem to be applicable to the living only, as it is expected they will return, but is cannot be expected that a dead person will return.
Smooth seas do not make skilful sailors