Non EEA Permanent Residence Refusal

[Scrobo23]

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[Cici85]

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Sure .

[Cici85]

[quote=Scrobo23 post_id=1675409 time=1535565188 user_id=93163]
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Hi @Scrobo23,
I got a letter from the court stating my case is adjourned and have asked/given the home office to check for my ex records from HMRC for all d years we were together .

[tawf]

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Hi @Scrobo23,
I got a letter from the court stating my case is adjourned and have asked/given the home office to check for my ex records from HMRC for all d years we were together .

Sorry for my delay in getting back to you. I am not regular on the board as you can see from my respective posts. I think you are on the right track, from the previous consultations I had with my lawyer. The court usually will impress upon the HO and the HMRC for documents establishing treaty in instances when applicants cannot provide any. In my case I provided evidence of my estranged spouse exercising treating and a photo copy of her ID. My lawyer was so certain there was an error of law such that he told me he wouldn't like to boast else he would have put his job on the line, not practicing any more if he did not win the case in court. Miraculously, God intervened and stopped any further stress and costs of going to court and waiting for the court's decision if the case so happened to be heard.
I am happy you trust in God to come forth for you. Keep your faith on, and I believe your miracle is on the way.
Thanks.

[tawf]

Good morning to you all.

Update on my case:

I wrote to the HO somewhere immediately I received my refusal letter in November 2017 to reconsider their decision on my application as my estranged spouse wasn’t Italian as they appeared to have suggested. I also pointed out the error of law, citing the Upper Tribunal directives on Barnett et al [Jamaica 2012], Regulations 10 (5); 17 and 18 of the EEA Regulations 2006 among others. They however insisted they took the right decision, hence would not reconsider the decision. I therefore had no other option than to pursue the appeal route. Consequently, filed appeal around December 2017, with potential hearing this week.

I however received a letter barely 10 days to my appeal hearing from the Appeal Review Pilot, citing a recent case of AB (Kyrgyzstan), requesting I submitted evidence to show when I initiated my divorce proceedings and whether I was exercising treaty around that time. I wrote back to them and pointed out that what they requested were submitted with the application they refused. I also pointed out to them that even though what they requested were never part of the grounds for the refusal of my application, I was happy to submit them as requested, and did same.

Just 2 days after writing to them and submitting what they requested, they wrote back to withdraw their decision, and stated they would grant me the appropriate leave, which I believe will be my Permanent Residence. They also stated they had already informed the Tribunal as directed by Rule 17 (1a) and (2) of the Tribunal procedure of the First-tier Tribunal, Immigration and Asylum chamber, Rules 2014.

I am grateful to God for such a U-turn. I also thank you all for your support and well-meaning comments when I joined this forum. Special thanks to the Moderators, especially Obie and the creators of this forum. Thanks also to Wise for his comments on my post, encouragement and advice.

I pray a similar testimony for all those who one way or the other are caught up in the HO web.

God bless you all.

GREAT NEWS CONGRATS

Thanks.

[Pillar644]

Hi Cici85
Any information from the court because my case is the same

Hi Scrobo23
Still waiting to hear from the court, my solicitor has not received anything yet. I know the letter am to receive is that the case was adjourned and the judge has given a go ahead to d Home office to check with my ex partners detail with HMRC. I am believing that home office will reply back with my card .
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Hi Cici85

Any news from court after your appeal hearing ? Am in the same situation. Have you heard from court ?

[Cici85]

Hi everyone, compliments of the season. For those of us waiting for a response from the court any news? I am waiting for my decision after my adjourned case took place . I can’t wait for d news, as I believe it’s my Christmas gift from God.

[Cici85]

Hi all, I had to come back and post .So I had my hearing 2nd week of November and I got d news in December my appeal was allowed. Few days ago I was asked to go for re enrolment of biometrics. Am glad the battle has finally come to and End.
God be praised.

[Scrobo23]

Congratulations

[Cici85]

Congratulations

Thank you @Scrobo23. I hope they send it back ontime. I hope by Gods Grace am granted the permanent resident instead of another 5years . Have a nice week all .

[Scrobo23]

My appeal is coming up in 1st week of March any advice please.

[Cici85]

My appeal is coming up in 1st week of March any advice please.

I wish u d best of luck, pray and all is going to be fine. My only advice is listen very well before u reply. Whatever question u don’t understand ask bodly and be consistent. If you don’t know the answer I will suggest you don’t say anything but keep looking at d judge. Make sure you know what’s on ur witness statement cos they will use dat to ask you question . All d best n God bless u

[Scrobo23]

Thanks