diangelo wrote:shineangel wrote:Davmck70 wrote:Her absence is temporary and less than 6 months. She left cos am losing my house and she is happy to come back for the interview.
If ukba have proof of your spouse no more in the UK or not exercising treaty rights in the UK anymore, you have no basis for staying in the UK. That's the honest truth. Good luck
I do not think its appropriate for the Home office to call you for an interview when there is an impending case at the upper tribunal.Your solicitor should write them telling them that you wont attend and that they have no right to ask for an interview.You should write a letter to your local MP about their spurious action and also to UKBA public complaints unit.Do not go for any interview.I had the same situation when they came to my house when my case was at the tribunal and i kept reminding the UKBA officers that they are harassing and embarrassing my life .They left and i have gotten my RC since then.All they are going to do is to find evidence or loopholes to support their case as they clearly have none at this stage.The upper Tribunal may have asked for bundle for their claims and since they do not have any,they have no option than to coerce you to come.Tellyour lawyer to tell them that all further correspondence will be after the Tribunal decides
Thank you for the advice. I have written to my MP and you will be shocked at the response HO gave to him.
From the information available to me I can see that the Home Office have challenged the original decision of the First Tier Tribunal to Allow this application and we been granted Permission to appeal to the Upper Tier Tribunal. This permission has been granted and the hearing is due to be heard on the 3 October 2013. I have been advised that the Home Office believe that there is an error in law in several areas of this case and they are challenging the Allowed decision on this basis.
I have also been informed that not only did *name* not provide sufficient evidence with his EEA Residence Card application but he submitted photocopies of documents which are not acceptable to either the Home Office or the courts. The Home Office have also not accepted the website certificate supplied by him. The onus is always on the applicant to provide the correct and relevant information at the time of consideration. I have also been informed that the Home Office are not legally obliged to review a case before it goes to appeal but in certain circumstances they can do so if there is new evidence submitted by the applicant. *name* has not submitted any new evidence and it seems that this case will have to be decided by the courts.
This is after submitting all the necessary original copies of evidences and they have not returned just one back to me. Can you imagine how incompetent these HO is? They have no records of what I have sent to them.
