PR Refused with right to Appeal

[flexcyb]

My application for PR has been recently refused with right to appeal. It was highlighted in my refusal letter that I didnt show proof that my partnerwas exercising treaty right for a gap of 8months


According to Regulation 15(1)(b) a family member of an EEA national who is not himself an EEA national but who
has resided in the United Kingdom with the EEA national in accordance with these regulations for a continuous
period of five years shall acquire the right to reside in the United Kingdom Permanently

In your applications you state that your EEA national sponsor was employed for a continuous period of 5 years. You
have provided the following evidence to support this.

> Payslips dated 31 May 2004, 30 June 2004, 28 December 2005 and 24 Febuary 2006. employment letter from employer dated
29 september 2008 confirming last day of employment is 24 october 2008

Payslips dated 21 August 2009, 08 october 2009, 04 December 2009, p45 dated 19 December 2009

It is noted that you have provided no evidence of how your EEA sponsor was exercising treaty rights in the United kingdom
from 25 February 2006 until 24 October 2008 and from 24 October 2008 until 21 August 2009

As a result this department is unable to establish weather your EEA sponsor has been exercising treaty rights in the
United Kingdom for a continuous period of 5 years whilst employed.


My question is the letter from employer covers up to October 2008.. However my worry is seeing as I don't have any payslips
or letter from employer to cover 24th October 2008 to 21 August 2009.. Which is a gap of 8 months. I am very sure my
partner was working however we are no longer in communication due to our divorce proceeding. What are my chances of winning
the appeal?

[herald2839]

What do you intend to use as the basis of your appeal?

If properly worded the letter from the employer should suffice to demonstrate the entire period referenced. If you appeal on that point, your chances are >50%.

However it seems you have no reasonable grounds for appeal on the second point (no evidence for the 8 month period). If your spouse refuses to supply this and you are unable to get hold of any evidence (payslips, P60s etc), I can't see how you stand a chance on this.

My application for PR has been recently refused with right to appeal. It was highlighted in my refusal letter that I didnt show proof that my partnerwas exercising treaty right for a gap of 8 months.


According to Regulation 15(1)(b) a family member of an EEA national who is not himself an EEA national but who
has resided in the United Kingdom with the EEA national in accordance with these regulations for a continuous
period of five years shall acquire the right to reside in the United Kingdom Permanently

In your applications you state that your EEA national sponsor was employed for a continuous period of 5 years. You
have provided the following evidence to support this.

> Payslips dated 31 May 2004, 30 June 2004, 28 December 2005 and 24 Febuary 2006. employment letter from employer dated
29 september 2008 confirming last day of employment is 24 october 2008

Payslips dated 21 August 2009, 08 october 2009, 04 December 2009, p45 dated 19 December 2009

It is noted that you have provided no evidence of how your EEA sponsor was exercising treaty rights in the United kingdom
from 25 February 2006 until 24 October 2008 and from 24 October 2008 until 21 August 2009

As a result this department is unable to establish weather your EEA sponsor has been exercising treaty rights in the
United Kingdom for a continuous period of 5 years whilst employed.


My question is the letter from employer covers up to October 2008.. However my worry is seeing as I don't have any payslips
or letter from employer to cover 24th October 2008 to 21 August 2009.. Which is a gap of 8 months. I am very sure my
partner was working however we are no longer in communication due to our divorce proceeding. What are my chances of winning
the appeal?