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Refusal of ILR on grounds of not submitting enough evidence

Posted: Wed May 12, 2010 5:34 pm
by dammy
Hello,

Can anyone out there help pls? I applied for ILR in Nov 2008, through a immigration lawyer, but was refused on the ground that I did not submit enough evidence that my ex was exercising treaty rights as at the time of final divorce as at Dec 2008. I can only provide payslips of my ex- spouse till aug 2007, the decision came from HO in March 2010 ,my lawyer has appealed, my ex gave me p60 covering 2008-09 period, my lawyer has forwarded it to HO for reconsideration, up till now we've not get reply from them. The appeal date is sometimes in July. My question is that during the appeal hearing, will p60 be admissible as evidence? as I believe it covered the final divorce period 2009-09. she is even willing to give me her p60 for the year 2009-10. Will all these evidence convince AIT judge? Thanks

Re: Refusal of ILR on grounds of not submitting enough evide

Posted: Wed May 12, 2010 6:12 pm
by Wanderer
dammy wrote:Hello,

Can anyone out there help pls? I applied for ILR in Nov 2008, through a immigration lawyer, but was refused on the ground that I did not submit enough evidence that my ex was exercising treaty rights as at the time of final divorce as at Dec 2008. I can only provide payslips of my ex- spouse till aug 2007, the decision came from HO in March 2010 ,my lawyer has appealed, my ex gave me p60 covering 2008-09 period, my lawyer has forwarded it to HO for reconsideration, up till now we've not get reply from them. The appeal date is sometimes in July. My question is that during the appeal hearing, will p60 be admissible as evidence? as I believe it covered the final divorce period 2009-09. she is even willing to give me her p60 for the year 2009-10. Will all these evidence convince AIT judge? Thanks
Treaty rights has nothing to do with ILR, seems you've applied for the wrong thing...

Refusal

Posted: Wed May 12, 2010 6:57 pm
by dammy
Thanks for your response, the basis of applying for ILR, is that I got married to EEA national in Dec Dec 2003 and git final divorce in 2008 Dec, so the basis of my application application is a spouse to EEA national.

Posted: Wed May 12, 2010 7:15 pm
by 86ti
What Wanderer is trying to tell you is that you certainly have not applied for ILR but for Permanent Residence based on a (previous) relationship to an EEA national. There are several threads here already dealing with your kind of problem. Have a look around.