Eea4, 2nd appeal refused.

[Ifycamilla]

Dear members and expecially senior members, please I need your advice on this.. I got married to my Eu husband in December 2009, during the period of our marriage, my husband was self employed..in 2010 I was issued a 5 years residency permit,, In February 2015 I filed a divorce against my Eu husband , in July 2015 our marriage was desolved and degree absolute issued.. ..,I applied for eea4 in October 2015 and was refused by homeoffice in may 2016, Their reasons for refusal was bicos they suspected that my marriage was a sham and also, they stated that my eu husband wasn't earning sufficient money.,,, although my husband earned upto £10k annually and paid his national insurance contribution and tax (but small amount of tax yearly, )...I was also told by homeoffice that I didn't submit my yearly tax during our divorce, the reason was bicos my husband yearly tax for that year has not been issued by HMRC , my husband was self employed during our divorce period.......I appeal the case in court and was refused,, although the judge ruled out that there was no evidence of sham marriage and that my marriage to my Eu husband was genuine. But the judge was not satisfied that my husband was working during our divorce, .I recently applied for permission to appeal but was refused, the reason was that they stand by the previous judge decision and no further right of appeal...please distinguished forum members, I need your wise advice on this, I call on Obie , casa and all gurus on this forum. Thanks

[Ifycamilla]

Dear members, your advice will be appreciated, thanks

[Jayjay2017]

Hi, sorry to hear about your current situation. I believe based on what you have stated you should have acquired PR automatically by December 2014.

My question is this, how was your EEA sponsor exercising treaty rights from December 2009 till December 2014; and what evidence did you provide to show this?

[Obie]

Very difficult to comment on this case, as this is a dispute on facts and the Tribunal found in the favour of Home Office.

The self employment has to be genuine and effective.

I have succeeded in appeals where earnings were between 8-9 k, therefore it is difficult to see where your Judge may have gone wrong.

Unable to comment much unfortunately.

[Ifycamilla]

@ jayjay2017. Thanks for you concern.my eea partner worked from as a self employed person from 2009 uptill 2017...I have all the yearly tax paid and NI paid too.. although the judge said he was not sure my Eu sponsor was exercising his treaty right during the divorce period..the divorce started started February and degree absolute was issued in June. But I provided my tax returns my sponsors tax returns from april 2010 to April 2015,,

[Ifycamilla]

Hi Obie, Thanks for your advice...my ex was self employed and provided his yearly taxes from 2010 to april 2015, ..all National insurance contributions paid ..the divorce went through in June 2015, the judge wanted to see if my ex was exercising his treaty right during our divorce ...my ex was working during our divorce period but we had to wait for a tax year of April 2015 to 2016 to be our in April 2016. We didn't provide that at the time ..but we got it after the application. So please Obie. What should we do now? Do a new application ? Your advice needed. Thanks

[Jayjay2017]

From the little research I’ve done it looks like your EEA sponsor met the small profits threshold (for the self employed) for each year which are as follows:

2010-11 GBP 5,075
2011-12 GBP 5,315
2012-13 GBP 5,595
2013-14 GBP 5,725
2014-15 GBP 5,885
2015-16 GBP 5,965
2016-17 GBP 5,965

So, I’m a bit puzzled as to why you lost your appeal. Did you use a lawyer?

[Ifycamilla]

@ Jayjay2017. Yeah I used a lawyer, at the time of the application to the homeoffice and the time of the 1st appeal, I didn't include my ex 2016 tax year during the divorce, , I had my ex tax year from April 2015 to April 2016, but my lawyer didn't ask for it for the appeal. In the judgement later, the judge said he wasn't convinced that my husband was exercising his treaty right during the divorce period..HMRC sent it in April 2016 and dats when we got it..we didn't include it during the homeoffice application in October 2015 as it wasn't yet out then...we even made it clear to homeoffice... during the first court apeal,, we we only included from 2010 to April 2015, meanwhile the divorce lasted till June 2015...my lawyer never told me dat I need the 2015 to 2016 tax year for the appeal hearing dat was scheduled in August 2016 even though I have 2015 to 2016 tax year

[Jayjay2017]

What I’m saying is that, you should have been given PR on the basis of your EEA sponsor exercising treaty rights from April 2010 till April 2015.

This is irrespective of your divorce decree absolute which was obtained in June 2015.

[Ifycamilla]

Thanks jayjay2017..at first home office raised an issue of my marriage being a sham marriage, but the judge countered homeoffice on that, the judge told homeoffice that the marriage was genuine, but the only thing the judge said was the issue of exercising treaty right which we supplied from 2010 to 2015...now what do u think I should do..

[Ifycamilla]

Obie and casa, I'm looking forward to hearing from you gurus..thanks

[Obie]

What I’m saying is that, you should have been given PR on the basis of your EEA sponsor exercising treaty rights from April 2010 till April 2015.

This is irrespective of your divorce decree absolute which was obtained in June 2015.

I am inclined to agree with this. The judge erred, and I am surprised why permission was not granted. Perhaps those representing did not do a good job.

The regulations provide that on termination the non EEA national must demonstrate that the EEA national was a qualified person or an EEA national with a right of Permanent Residence.

It seems that the evidence you stated ought to have sufficed in demonstrating he was an EeA national with a right of Permanent residence at the point of termination.

[Ifycamilla]

Thanks Obie, should we make a fresh application or something?

[Jayjay2017]

I’ll personally go for a new application with evidence covering the period from April 2010 till April 2015.

At least, you’ll get a fresh start and I’ll advise you to get a good solicitor (have a look at the ILPA register of immigration lawyers) to help.

[Jayjay2017]

Here’s a link to the ILPA register of accredited lawyers:

http://www.ilpa.org.uk/search-directory ... ch-results

[Ifycamilla]

Thank you jayjay..I appreciate