Post
by Shawshank » Tue Apr 30, 2013 4:28 pm
Hi Guys,
Plum70, Spike_UK, dsab85 Thanks for your advice on the forum, again any advice is much appreciated. After an email to Rob Whitemans office his secretary came back to me and around 7 working days later I got a letter in the post. So contacting Rob Whitemans office at least moved something forwards. In my case it was the goalposts, but at least for others to know after six months it was a good catalyst to contact the Chief Office. Quoting the EU directive definitely made them respond.
Unfortunately it turns out they refused my application (with right to appeal) on the grounds that we did not give enough documentation regarding my unmarried partners treaty rights. In actual fact we gave them everything to prove this but the older tax codes on an account based exel sheet were not sufficient for the UKBA. We have since gone to HMRC to retrieve all the missing documentation for her employment history. Proving over five years of employment history.
Now in regards to the appeal I am thinking in my case it is a simple handover of missing tax documents to the court within the appeal, so am aiming to represent myself without a solicitor as I would obviously rather save £3000 than pay a solicitor if it is a straight forward appeal and I can do it myself.
I am still considering paying a solicitor therefore I wanted to ask a few questions before I make any decisions, since some of you may have appealed "Orally" and won in the past.
1) How long did it take once you made the appeal to get into the tribunal for a trial?
2) At the appeal did they ask you other questions unrelated to the reason for refusal?
3) Is it necessary to bring all other evidence of the case or just the evidence that UKBA states is the reason for refusal to the trial?
4) In your opinion is it possible to present yourself respectfully without a solicitor, (fyi I called a well known EEA4 solicitor and they said it was very possible in my straight forward case)?
5) In your opinion was the tribunal helpful and understanding, or are they out to make sure you don't get your ILR? Would be nice if they just looked at the facts and moved on.
6) How long after the appeal decision was made did you get your ILR/Residence Card?
Thanks so much for taking the time out to read this, and answer my questions, I really appreciate it.
Many thanks
10/09/2012 RC EEA Family Permit Expired (Unmarried Partner, of 7 years)
14/09/2012 EEA4 Application Sent (Unmarried Partner, of 7 years)
15/10/2012 COA Received (Confirming application start date 14/09/2012)
01/03/2013 5 Months + 2 wks into process called HO (Told to call on exactly 6 mo)
14/03/2013 Exactly 6 Months into process called HO (Told to wait for update, no further information requested, none available)
14/03/2013 Requested passport back
14/03/2013 Sent formal letter of to UKBA L20QN, requesting alternative advice
20/03/2013 Passport received (returned to me)
26/03/2013 Sent email to Member of Parliament soliciting assistance with the case.
27/03/2013 Received email from office of MP that they had chased my case and would revert as soon as possible.
04/04/2013 Contacted office of Rob Whiteman, Chief Executive of UKBA to assist with the application.
05/04/2013 Sent formal complaint letters to the agency
08/04/2013 Recieved email from Rob Whitemans Office, chasing Case Workers
23/04/2013 Recieved Refusal with right to appeal
