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jimkam wrote:Hi there,
My application for PR has been refused based on the fact that i was unable to prove that my ex-spouse was exercising treaty rights at the time of divorce. Obviously I have appealed against it. Appeal is in 4 weeks.
Any help in convincing a judge? My solicitor is gonna argue that it's unreasonable to expect me to prove documents about my ex-spouse when we're no longer married and on speaking terms. She's got all her documents. I have emailed her and asked her to send me her wage slips but she told me to F-off. I have also written to the Department of Work and Pension to send me info about her employment activities under the freedom of info act. No reply yet. Can i print those emails and show the court as a way of demonstrating that she is refusing to cooperate? Please help. Married Dec 2003, Divorced Jan 2009. Marriage lasted more than 5 years and she worked for at least 1 year in the UK.
I only have the following:
- Her P60 for one year
- Some wage slips for one year
- Her contract of employment for one year
I have a comprehensive sickness cover and I am a worker. I have never claimed benefits and I don't have a criminal record. Is there anyway I can put the responsibility back to the Home Office and ask them to check with relevant authorities to see if she is contributing to NI?
Will a judge accept my explanation that there is no way i can prove my ex-wife was exercising treaty rights due to the fact that we're no longer in speaking terms? Any case laws? Please any help will be greatly appreciated. My appeal is in 4 weeks. Please help.
I would think so, although that is a bit of a judgment call.jimkam wrote:Will a judge accept my explanation that there is no way i can prove my ex-wife was exercising treaty rights due to the fact that we're no longer in speaking terms?
Hi thsths,thsths wrote:I would think so, although that is a bit of a judgment call.jimkam wrote:Will a judge accept my explanation that there is no way i can prove my ex-wife was exercising treaty rights due to the fact that we're no longer in speaking terms?
You can check out this decision http://www.bailii.org/uk/cases/UKIAT/2010/00003.html - it makes it pretty clear that the condition has to be met, and it may also touch on the burden of proof. I think the decision is wrong, and it will be revised again in a European court. But for now it may be used as case law in your case.
I certainly think that an appeal is the best option for you, unless you can achieve some kind of evidence of employment. Of course you could also state that your ex spouse is self sufficient, but you still need to demonstrate residence.
mego_1980 wrote:Hi jimkam,
It's sounds like you didn't send anything with your application first time? Did you just send letter or EEA4 in march ? Did you hire a solicitor ? if yes he should advice you to send all these documents in the first place!!!
you said they have required a valid passport is it your passport or your ex?
I applied in March 2009 , recevied COA in May, I didn't hear since that date from them , but i've sent some more documents to them without their requesting in Dec 09.
Thanks
Hi BLK235,BLK235 wrote:Have you considered hiring private detective? As you are already divorced he needs to gather evidence that would prove she exercised treaty rights in the past. He may perhaps gather statements from witneses to show she worked at the time of divorce.
If you know where he is working, you could name the employer as a witness. I am not sure whether they have to attend, and if they would do it. But maybe you can settle for a written statement, and that should be sufficient. I guess this is something you want to discuss with a lawyer - better to stay in the clear rather than go down the dodgy route of a PI.jimkam wrote:Thanks for your contribution. No i haven't. Would they have to attend court and testify?
Hi thsths,thsths wrote:If you know where he is working, you could name the employer as a witness. I am not sure whether they have to attend, and if they would do it. But maybe you can settle for a written statement, and that should be sufficient. I guess this is something you want to discuss with a lawyer - better to stay in the clear rather than go down the dodgy route of a PI.jimkam wrote:Thanks for your contribution. No i haven't. Would they have to attend court and testify?
Hi kashyme,kashyme wrote:Hi jim kam,
As u mentioned that ur spouse was working only for 1 year during her total stay in UK . So was she exercising her treaty rights as a worker at the time of divorce or as a self sufficient person on ur income?. Becz as u said u have health insurance and are working , is that insurance and ur work covered the whole period during the divorce proceedings , if so then u can say she was self sufficient during that period.
I think the first step should be to relax and then think what are the possible options u have to defend ur case.
I hope u will find a solution
Good wishes
Hi mego_1980,mego_1980 wrote:Any updates jimkam.
I spoke with my solicitor last week and he told me that HO refused all divorce cases at the moment especially if they don't have child or eu was not working for the last 5 years.
And he told me that he won most of the cases on the court but it will rely on the reason of refused.
Good luck
Hi jimkam,jimkam wrote:
Would you mind asking your solicitor to give you the link to the successful cases so i can have a look please? It might be different from my case but I'm sure I can pick up one or two things from there.
Hi mego_1980,mego_1980 wrote:Hi jimkam,jimkam wrote:
Would you mind asking your solicitor to give you the link to the successful cases so i can have a look please? It might be different from my case but I'm sure I can pick up one or two things from there.
what do you mean by link i didn't understand what do you mean?
thanks
mego