Non EEA Permanent Residence Refusal

[salman131088]

Hi all ,

I am in desperate need of advice I am non EU spouse of EU national I got married in April 2013 and now we are seperate but not divorced I have applied for PR based on 5 years of marriage and my spouse will not help me with the documents , it was refused I appeal the decision and now Homeoffce dig the record of muy spouse from HMRC , below is what homeoffice present in the court. My question is ex EU spouse had a self employment but didnt produce any income just one year please please advice senior moderators please advice.

I have received the following from the Home Office:



Information about M immigration history and status. This is only a record of her application for and the issue of a registration certificate (on 22 August 2013). There is no evidence regarding permanent residence or citizenship.


Witness statement from HMRC officer regarding M work and tax history. This shows that she was self-employed and also an employee in 2012 – 2013. She filed a tax return in 2014 but it showed no income. She has paid income tax from employment from 2015 – 2017.

[Obie]

What advise do you need.

What was your wife doing .

You have to be careful as the evidence does not seem to be complete.

[salman131088]

Thanks Obie for the reply , I have applied for Permanent residency and these are court finding is it enough to apply for permanent residence , My wife was in Uk since 2008 and I applied for direction to include her employment record from 2008 and her workers registration card as she was from nations that require workers registration , she is still working and I have applied for divorce in January 2015 but she is not signing that , what will be my options , from the data given by HMRC she is employed from 2015 till today , please advise.

[salman131088]

Hi Members , my Non EU PR application got rejected on the basis of not providing the EU spouse ID and her exercising of her treaty rights we got married in April 2013 and still are married filed a divorce petition in January 2016 but she did not sign the petition , we went to the hearing and the First tribunal gave directions to the homeoffice to produce documents fro the HMRC of my wife employment history and her current immigration status ,next hearing homeoffice came with documents from 2012 to 2017 , on that hearing my barrister asked for an adjournment and produce the records of the year 2018 , the next hearing they never sent the document before the hearing and a day before the hearing their PO called my Solicitor and informed that they will not produce documents as I have filed the divorce petition and they will share the details of my EU wife , I represented myself on that hearing the Judge asked the Home Office that the directions given to them before was to produce full immigration and employment history why did you only produce the last 5 years one see attached witness statement it reads that year 2013-2014 she produce no income from her self-employment and year 2014-2015 she was doing nothing but a claim to benefit has shown but didnt mention what benefits she claimed , my hearing is on 27 Feb 2019 , the Judge asked them to produce and comply with the direction given the first time to produce full immigration & Employment which was from 2008 when she entered the country , at the end of the hearing homeoffice PO said to the Judge that they will not produce any documents in the court so not sure what will happen this time , she is employed & self employed in 2012 - 2013 , then from 2015 onwards uptil now she is still employed , please senior members shed some light on this as I will be representing myself again on 27th Feb I argued the last time on the GUSA case .


For some reason I could not upload the witness statement from the HMRC.

[Obie]

What is your timeline, and does your divorce cover the timeline?


I hope the divorce will not undermine rather than help your appeal.

You are still not divorce, and what is the basis of the benefit, was it unemployment?

[salman131088]

Thanks Obie , on the HMRC witness statement it reads " Records show a claim to benefit , Details of benefits claimed , including universal credit may be obtained from the department of works and pensions,

Divorce has not finalise so its just sitting in the court. and Sorry Obie the divorce Petition date is 26 January 2017 not 2016 sorry for the typo error

[Obie]

There are so much complexities in your case, was she in gainful employment on the date the petition was initiated?

[salman131088]

Yes she is , and she is in gainful employment from 2015 onwards paid income tax and NI from the same job she is working for cash converters to be specific from 2015 up until today.

[salman131088]

Hi Obie , manage to get the drop box link to the HMRC witness statement this should clarify :

https://www.dropbox.com/sh/87sww91m5lh9 ... MfZRa?dl=0

[Obie]

The evidence does not seem to assist much as far as PR is concerned, as she did nothing in the tax year ending in April 2018.

It indicated that all activities must have ended before the 5th April 2017.

This may assist with ROR, but it does not seem to me that it advances matters as relates to PR.

[salman131088]

Thanks Obie , this is the witness statement they produce in the hearing before last , they told the court verbally that she is still working in the same place from 2015 to January 2019 , she was a worker and self-employed from 2012-2013 , 2013-2014 she was self-employed but produce no income , 2014-2015 a claim to benefit and from 2015-2016 , 2016-2017- 2017-2018 , 2018-Jan 2019 she is a worker , I argued in the court was 2013-2014 she was self employed but she didnt produce income due to not finding work , 2014-2015 she was seeking work effectively hence she got a job in 2015 and still works i have presented the homeoffice guidance on NI and Income tax and GUSA case as she was a workers / self employed prior to 2012

[Obie]

No earnings was provided for 2017-2018 on the record you provided.

You will need a very strong and convincing argument to demonstrate qualification for PR. From part 17-18 and 18-19, her earnings and income is irrelevant.

In the absence of anything for 2014-2015 and 2013-2014, you will need to put up a strong fight to have your appeal allowed.

[salman131088]

Thanks Obie , Will I be correct in making the argument for her not finding work in 2014-2015 she was a worker since 2008 till 2013 , which HomeOffice are not producing the document although Judge asked them to produce and comply but they said their position is they will not produce any documents , how can they say this to Judge or court and not complying with their directions please I need advise on this and what case law I can show them apart from GUSA please advise on this

[Obie]

HMRC can provide evidence for last 5 years. Anything beyond that, a SAR request has to be made, and only a subject of a record can make a subject access request. Perhaps that is what they are seeking to explain but cannot express it properly.

[salman131088]

Thanks Obie for your help.

[salman131088]

Hi ,

Update on my last hearing , It was adjourned again till 14th May 2019 , Judge said I am eligible for residence card as she is still working but as i applied for PR she gave directions to Homeoffice to produce the records of my wife employment for the year 2018-2019 , Judge started calculating the period from 2014-2015 onwards till 2018-2019 , she said if your EU wife claimed benefits for more than 6 months then I am not eligible for PR to which I said if she is working more than 1 year she can claim benefits more than 6 months , she asked the homeoffice to produce details of benefits claimed since 2013 till date , she only claimed benefits in 2014 after June , but she was registered as self employed as well but didnt produce any income , was i right to say in the court that she can claim benefits for more than 6 months.