I have got to a point where i am so pissed off with the UKBA that i am now fighting for the principle even though my chances of success look remote here is the background.
I met my wife in 2005 and we started living together early 2006
-got married in 2007(sept)
-my wife worked from 2005-08 and was a student au uni from 08-10 (she has been working since oct2010)
-RC was issued in dec 2007 and expired 2012
-I submitted EEA4 application which was refused in April 2013 on the grounds
A- Application refuse on grounds i had not resided with my wife for 5years( evidence not comprehensive enough between dec 07 & 08 to support my residence)
B- you have not provided a declaration of sufficient resources therefore my wife was a burden to social assistance(therefore no exercise of treaty rights continuosly for 5 years)
I was out of time to appeal so then requested a reconsideration which was refused in June 2013 and which was refused and i did not bother to make another application.
-August 2013 i received a letter from Capita(Statement of Intention to Depart) asking me to go back and i phoned them informing them that i was going nowhere as i had no reason to do that.
- December 2013 i received an Immigration Status Questionnaire and i phoned them and informed them that my wife was exercising rights and as a family member that did not apply to me.
December 2013 after Christmas i received a Notice IS151A part 1 informed me that my valid leave to remain had expired in DEC 2012 and i was liable to be detained
-IS151A part 2 informed me that i had to leave voluntarily as a decision had been taken to remove me.
-I also received an IS96 granting me temporary admission with reporting conditions every month.
I appealed the IS151A and sent of my appeal on the 2nd of January and with regards to the IS96 i wrote to the enforcement to inform them their action was illegal and i would not be reporting anywhere, i even phoned them to confirm that they had received my letter and they had , they assured me they would not proceed and would refer the matter back to Sheffield.
-Today i received from Sheffield(the same caseworker who issued me with is151a & immigration status questionnaire) an IS75 (one stop warning) and a IS76(statement of additional grounds) under section 120 of INA 2002 which they want filled out and sent together with
-evidence of relationship with my wife(marriage certificate)
-copy of my wife passport
-evidence she is exercising her treaty rights and
-evidence of cohabitation
A ll this evidence they are requesting now is the same i provided twice 1st when i submitted my application and 2nd when i added more evidence and requested a reconsideration.I have lived with my wife since 2006 and we have been married since 2007 and she has exercised treaty rights throughout the time we have been together.As a family member of an EEA national i am not subject to immigration control, therefore they dont have to have leave to remain.but all this seems to be on the basis that i have no leave to remain and yet i do not need leave to remain.My application was under European law and yet the basis of their action is under Immigration rules which doesn't apply to my case
-I know the easiest would be to just submit another application, but i fail to understand why i am subjected to all this, i suspect that they think i am not together with my wife ,therefore i am being put in a position to prove to them we are still together why should i do their job for them.( we have 2 kids and in the past 8 years i have established a family life)
-Am i obliged to answer this latest correspondence or should i wait to go to appeal and present my evidence before a judge
PS the caseworker notes on the letter that the IS151A part 2 has been withdrawn pending consideration and outcome of my case,
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