akz wrote:jerom wrote:akz wrote:Hi
I had my PR appeal hearing on 28/01/16, but still waiting for decision from the tribunal. Anyone know how long it will take to receive the decision.
Thanks
akz
Hi Akz,
You are right. It should be 2 weeks. Why don't you call the tribunal for an update?
I'm in the same situation as you. My PR application was refused last month and I have appealed it.
The HO caseworker stated that I provided photocopies of my spouse payslips & P60's for 3 years and for this reason I haven't shown that she exercised her treaty rights.
The payslips & p60's were the one her employer sent to her as official copies hence i submitted them. How do i know HO will regard them as photocopies?
I have since requested for a work history statement from HMRC & a certificate of earnings from her then employer.. All these i have included as supporting documents while appealing.
However, my wife was on maternity for 20 months and HO did not mention any thing about this..What did the Judge say during your appeal regarding this? As HO did not mention this, I 'm hoping they won't mention it @ my hearing. Although, i was working all the time.
Did you apply for RC or you have been waiting for your appeal all the while?
Please give me a time line on your appeal and kindly update me on the outcome of it.
I wish you all the best.
tnx
J
Hi
Actually anyone who is in worker status can take a maternity break for 52 weeks for a child during this time they will still be consider a person with right to reside status and this time will count in you 5 years right to reside status. Please try to send as much as prove possible for employment that will be good, as we have not send some invoices for some periods and that was the only point HO representator discuss that why we did not send it before and presenting it in appeal. I hope my decision will come soon then i will explain it to you in detail, but you can check my previous post where i have explain my situation in detail.
In my hearing HO office and judge was looking for employment continuity that did my wife work continuously without any gaps. and we provided the invoices and bank statement for that gaps, also we mentioned that we were on annual holiday one month to home country during that gaps.
regards
akz
Hi Akz,
Thanks for the update. Yes, I have gone through your previous post. I see HO wanted prove for the missing invoices for your wife and since you have provided that. I believe it will go in your favor.
Why can't HO request for this before making a decision rather than refusing?
I have sent as much documents as I can to prove the Payslip's & P'60 I submitted were genuine.
Also my wife was on maternity after our first child and got pregnant again after 4 months. This was the reason she was on maternity for 20 months. I submitted copies of my children birth certificate to the HO during our application & also to the tribunal.
Did HO mention about your wife not working during maternity or this was a general discussion @ the appeal?
Please kindly give me a clear review of your appeal process..i.e
when refusal letter was sent
when you appealed
when a hearing was chosen
etc
I want to use this as a time line guide for my appeal.
Also, you didn't answer if you have applied for a Residence Card since your refusal.
Please keep me posted and I will suggest you call the Tribunal office. I did yesterday to confirm my appeal was received. They were very friendly and helpful.
Thanks