Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
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jamesadewale200
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by jamesadewale200 » Wed Mar 06, 2013 7:31 pm
I am writing to this board seeking help,i was married to a spanish lady in febuary 2009 and wedding was held in spain,we moved to te Uk in 2010 and we applied for RC in end of 2010 and rc was issued may 2011,wife was self employed and we submitted an accountant letter and evidence of her NI payments and my RC was issued but unfortunately things got worse, she got pregnant for another man and i just couldnt take this so i moved out of our home and filled for divorce in july 2012 and my decree absolute was issued in october 2012, i read about retention of rights and i dont know if i qualify, please find below all the items i hve and she voluntered to help me but i dont know if i should accept the offer.
I currently have evidence of her NI payment from when she started self employment in october 2010 till somtime in april 2011 and then she changed her form of payment to direct debit which she doesnt get any NI bill anymore,so want to find out how i can ask her to request her NI bill from march 2011 till when decree absolute was issued.
I also possess the documents below
Wife'S Documents
Confirmation of self employment registration
income tax assessment from 2010 t0 2011
accountants letter confirming self employment status
marriage certificate
decree absoute
wife filed tax return for 2011 to 2012 but havent received the bill yet form tax office but she has copies of what her account used to file it.
My documents
Letter confirming employemnt from 2011 till date
payslip from 2011 till date
p60 2011
Please advise if with those documents i can qualify for retention of rights and pls how can i ask her to get evidence she paid national insurance uptil date and how to request tax office to send her bill for tax year 2011-2012
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ravii
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by ravii » Wed Mar 06, 2013 9:13 pm
If you have a letter dated oct 12 from your wife's accountant in which accountant confirm this that your ex wife was still active in her work as a self employed then you are 100% fine.other documents are supporting documents.
Best regards
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jamesadewale200
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by jamesadewale200 » Wed Mar 06, 2013 9:39 pm
thanks raavi,i will ask her if she can get a letter from her accountant dated october confirming her self employm details til date. doesnt she need to get a copy of her NI payment till date and tax return her accountant filed b4 Jan 31st 2013. In a nut shell u meant just the accountant letter is enough without proof ofher NI paid from april 2011 till date cos its via direct debit.
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ravii
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by ravii » Wed Mar 06, 2013 9:51 pm
Yes national insurance contribution paid till decree absolute is very important.you must submit this proof as well.if paying by direct debit then proof of this direct debit must be submitting with the accountants letter.ukba always cross check the documents.so accountants letter will be checked with the NI contribution.best of luck
Best regards
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jamesadewale200
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by jamesadewale200 » Wed Mar 06, 2013 10:00 pm
thanks for your response,she set up direct debit wth one ofmy account then cos hsbc offered nice incentives with that account.so can ijust go printout the statement.
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ravii
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by ravii » Wed Mar 06, 2013 10:09 pm
Print out statements are not acceptable.its better if you request to your wife to ask HMRC for the national insurance record.but don't sent any print out as it is not acceptable.you divorced in oct 12 then after divorce who's paying this national insurance you from your account?it looks strange.
Best regards
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jamesadewale200
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by jamesadewale200 » Wed Mar 06, 2013 10:22 pm
i dont know who is paying her ni payment anymore, i really dont know much about her again,but uptil the time i moved out she was using the account but i stopped all payments out of the account.She said she is willing to help but it hurts so much what she did.she cnfirmed she is still self employed and she says she pays her ni payments an can get a copy of her ni payments record from inland revenue.Pls she is asking me for the address she can send the request
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ravii
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by ravii » Wed Mar 06, 2013 10:27 pm
Best regards
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jamesadewale200
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by jamesadewale200 » Wed Mar 06, 2013 10:39 pm
thanks for your response , so if she gets the accountant's letter and he national insurance record,i shoul be ok with the retention ofights application
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Graham Weifang
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by Graham Weifang » Thu Mar 07, 2013 2:08 am
jamesadewale200 wrote: i moved out of our home and filled for divorce in july 2012 and my decree absolute was issued in october 2012,
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How on earth was this done so quick?
First you need the Decree Nisi, then 6 months later the Decree absolute.
Are you sure it is the absolute you have, and not just the decree nisi
G.
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jamesadewale200
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by jamesadewale200 » Thu Mar 07, 2013 5:08 pm
just a quick update, i went to see her today and she gave a he self assessment statement for year 2011 to year 2012.wil that also be ok,pls ravii,can you confirm or any senior member oof the board
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ravii
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by ravii » Thu Mar 07, 2013 6:04 pm
Yes any paper from HMRC is important.but you are required to prove treaty rights during divorce proceedings.
Best regards
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jamesadewale200
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by jamesadewale200 » Thu Mar 07, 2013 6:18 pm
thanks ravii,she gave me a letter fom her accountant saying she is self employed uptil date.she also said she will get me a record of her national insurance history. will that be ok for me to retain my rights
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Obie
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by Obie » Thu Mar 07, 2013 7:05 pm
That may seem wholly inadequate for UKBA purpose.
Evidence of invoice to customers or client, business bank statement, and self assessment, and evidence of tax payment, might also be required.
Smooth seas do not make skilful sailors
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jamesadewale200
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by jamesadewale200 » Thu Mar 07, 2013 7:53 pm
thanks obie,i have her self assessment statements 2010 till 2011,self assessment 2011-2012, evidence of national insurance,utility bills,accountants letter povng self employmet,is dis ok
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jamesadewale200
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by jamesadewale200 » Fri Mar 08, 2013 10:09 am
Hi obie,my ex isn't willing to give out her bank statement,she gave me evidence of her payin tax and ni till date,her accountant letter confirming self employment,she said she doesn't invoice ,so do u think I have a chance to retain my right.
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jamesadewale200
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by jamesadewale200 » Sun Mar 24, 2013 10:56 am
I have been able to get these documents and will like to submit my application for retention of right of residence
Decree absolute
letter of registration of wife's self employment in 2010.
national insurance bill from october 2010 till 2011 then national insurance record from 2010 til date which is after divorce.
Recent accountant's letter confirming selfemployment status till date.
self assessment statement 2010 till 2011, 2011 till 2012 which date that came on it is after decree absolute issued
joint untility bills from 2010 till 2012 which shows over 2 years of residence in uk
my letter of employment.
my payslip from 2011 till date but for the last 3 months company has changed to e payslip. is that still ok for application.
please advise as i will be sending off application tomorrow.please let me know if i will be successful and if i have the right documents
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jamesadewale200
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by jamesadewale200 » Sun Mar 24, 2013 2:17 pm
pls can anyone pls help me
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Imshzd
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by Imshzd » Sun Mar 24, 2013 3:45 pm
jamesadewale200 wrote:I have been able to get these documents and will like to submit my application for retention of right of residence
Decree absolute
letter of registration of wife's self employment in 2010.
national insurance bill from october 2010 till 2011 then national insurance record from 2010 til date which is after divorce.
Recent accountant's letter confirming selfemployment status till date.
self assessment statement 2010 till 2011, 2011 till 2012 which date that came on it is after decree absolute issued
joint untility bills from 2010 till 2012 which shows over 2 years of residence in uk
my letter of employment.
my payslip from 2011 till date but for the last 3 months company has changed to e payslip. is that still ok for application.
please advise as i will be sending off application tomorrow.please let me know if i will be successful and if i have the right documents
Decent papers.best of luck
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jamesadewale200
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by jamesadewale200 » Tue Mar 26, 2013 11:53 pm
Thanks a lot forum members and gurus,I will be posting of my form for retention of rights.I just want to find out if they accept epayslip printed from d internet.thanks
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jamesadewale200
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by jamesadewale200 » Wed Mar 27, 2013 9:29 am
Pls is thereanyone in the forum to advise if HO can take my printed out epayslip from the internet pls.its urgent as I am posting my application off today
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mam2
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by mam2 » Wed Mar 27, 2013 10:07 am
I think a lot of companies urs e payslips now. I think if you can get a letter from your company to confirm this, it should be ok. I'm not an expert, my thought. But theres not much you can do if you don't get paper payslips. Include explanation in your cover letter too.
papa2
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mam2
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by mam2 » Wed Mar 27, 2013 10:31 am
I think a lot of companies urs e payslips now. I think if you can get a letter from your company to confirm this, it should be ok. I'm not an expert, my thought. But theres not much you can do if you don't get paper payslips. Include explanation in your cover letter too.
papa2
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mam2
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by mam2 » Thu Mar 28, 2013 1:15 pm
Hi James, if you have not yet posted your forms, I asked my solicitor and he said print put the e payslips and include your bank statements that should show the same amount going in and the company name. He said this should be ok. And as I said, include in your cover note. Good luck.
papa2
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jamesadewale200
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by jamesadewale200 » Thu Mar 28, 2013 6:14 pm
Thanks mam, I have posted it today,I was able to get a letter from my employer confirming am an employee and that they issue epayslip.for my ex wife's treaty documents,I submitted accountant's letter confirmin selfemployment till date,ni record, self assessment statement from 2010 till 2012, self employment registration,utility bill,I hope they are k confirming her treaty rights