PR Refusal and appeal

[helix1]

after 5 years marriage, i submitted to apply for PR and refused, i appealed and they took 8 months later for hearing and now one month left for court i am so scared that will given same decision again

my solicitor says she will give evidence to the effect that you are still married ( so i am still married with my wife ) but have not gone through divorce. also that she was working previously...

the reson to refuse was lack of my wife's pay slips and some years not seemed working in uk...i just got from HM Revenue my wife tax history and seems she paid her NIC's and class 1, since she came to Uk till 2013..

i know some people has knowledge about things just hoping some advice

thanks

[Obie]

Well if you are still married, does not prove anything.

You need to demonstrate that she is a qualified person in the UK, otherwise your marriage means very little, to put it mildly.


Simply paying NI, does not demonstrate that someone has been exercising meaningful and effective economic, which you will need to prove in order to succeed in an appeal of this sort.

The UKBA has power under section 40 of the UKBA act 2007, to obtain her tax record, but they can only do so, if you can demonstrate that you have tried you utmost best but to no avail, and then the tribunal will have jurisdiction to issue directions for them to obtain this document.

You solicitor giving evidence to the extent that you are still married, will not be something new, and will make no difference, as UKBA knows this, which was why they issued you with a Residence Card.

In the circumstances above, without a proper plan, you are likely to loose you appeal and legal fees.

[helix1]

Hi obie, thank you for response, I just read your comment that sound I will be unsucceful I just have hope she will be there her presence at court, but like you said I have little chance I guess but anyway I am quit already so thank you for everything

[Obie]

Not just be there, but provide evidence that she has been residing in the UK in accordance with the EEA Regulations.

[helix1]

When we met you had said if i can her tax history from 2004 to2013 it will be fine that's what I get from HM Revenue that you had gave the address so is not enough evidence she is on EU regulation in uk?

[helix1]

you were right Obie, solicitor said will be difficult to success , so here we go my last a couple weeks in Uk ..

[kimesssh]

@helix I don't think it's the end for you as you can apply for naturalisation after 6 years of marriage as you have been in a valid relationship for 5 yrs you are eligible for Pr residence automatically regardless of whether you apply or don't as having the pr confirmed is for formalities sake. Your naturalisation application will be sorely based on ur merit and not ur spouse.

[helix1]

i have an appeal, and they try to kick me out by threating letters and you saying i have a naturalisation right...i m confused

[Hubba]

@helix I don't think it's the end for you as you can apply for naturalisation after 6 years of marriage as you have been in a valid relationship for 5 yrs you are eligible for Pr residence automatically regardless of whether you apply or don't as having the pr confirmed is for formalities sake. Your naturalisation application will be sorely based on ur merit and not ur spouse.

This is not correct. He can only naturalise himself after one year free of any immigration time restrictions, I.e. You need to have held permanent residence for at least one year. You would still need to qualify for permanent residence and for this your spouse would have to have exercised Treaty Rights on the previous 5 years.

[Obie]

you were right Obie, solicitor said will be difficult to success , so here we go my last a couple weeks in Uk ..

You may well be alright. But you need to prepare well.

All i was saying is that simply telling the court that you are married, without more, will not get you very far.

[helix1]

how should i prepar what proof i shall make ready?

[Obie]

A detailed witness Statement, stating the fact of your case in a concise manner.

Detail of what your wife has done each year since entering UK.

Simply providing evidence of NI payment is not enough. You will need to demonstrate that effective and genuine activity has been undertaken.

[helix1]

detailed witness statement?

we dont have any detail actually each year what my wife done..

oh god nothig positive so far they wont probably recognize at leats 3 years marriage with my wife in uk ?

[helix1]

is such an anyway to help me about tha Obie please?

[helix1]

Hi

after long furstratin court date, today finally ended, seems like i lost and now i m stuk dont know what to do, in fear capita people come round and put me in car and send to Gatwick

[maxmelion]

U should see a good lawyer . Good un europ law.

Hi

after long furstratin court date, today finally ended, seems like i lost and now i m stuk dont know what to do, in fear capita people come round and put me in car and send to Gatwick

[toofan]

if your wife is still exercising treaty rights apply for another eea2 card that's another option .

[helix1]

[quote="toofan"]if your wife is still exercising treaty rights apply for another eea2 card that's another option .[/quote]
Yes she is working and living in uk at the moment so I can apply for another 5 years?