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Appeal

Posted: Tue Nov 16, 2010 3:21 pm
by olujay25
Hia,
Please i need your advice my application was refused in septemeber for not producing enough evidence and providing conflicting evidence.At the time of application i didnt have most documents as eea national is refusing to help but now my appeal is coming up and i have managed to persuade her and got the documents listed below. I have been in my employement since 2006 and still working.
Please in your opinion and experience if the documents below were presented to the judge on the day of appeal of my ex-wife execising treaty right, would you say i have about 80% chance of success. I am not seeing my solicitor till wednesday to put bundle together. And i just got a character and employment reference from my employer.

All documents below are for EX-wife. EEA national

1. Inland revenue tax record for 2004-2005.
2. Letter from employer stating she was employed from April 2006- January 2008.
3. Letter from inland revenue asking her to complete self assessment tax returns for tax year ending 2010.
4. National insurance contribution bill for January 2010 till February 2010.
5. Job seeker allowance claim from march. 2010 ends September 2010.
6.comprehensive health insurance certificate december 2009 till december 2010.

Decree absolute pronounce on 16th April 2010.
Married June 2004 and I have been in employment since 2006 till now

Thank you.

Posted: Tue Nov 16, 2010 4:40 pm
by bobobo
as long as you can prove that the EEA spouse was working during the marriage, but more importantly from initiation until Decree absolute was granted + have resided for 3 years in UK and have proof of co-habitation. Also if you prove that you have been working with employment letter+p60, P45 etc you shoul;d be able to get your PR. which is due as you have been married for > 5yrs.

The docs above that you have for your spouse seem sufficient. Make sure you can prove co-habitation as well.

Posted: Tue Nov 16, 2010 4:45 pm
by noodles
Hi Olujay,

Make sure you take along evidence that your ex-pouse was exercising treaty rights until the date of Decree absolute (very important). If you can prove her economic activity in the UK for the specified period and you haven't been absent for more than the specified period of time in the UK for the last 5 years, you should be fine. You should also have proof that you are in or pursuing economic activities that will make you self sufficient from the time of divorce proceedings which shows them that you will not be a burden to the economy once you are free :0

Pray that the HO representatives don't show up as the judge will more than likely pass the judgement to your favour but then again, go armed with as much as possible.

PM me if you want have more questions Omo-Olu :-)

Posted: Tue Nov 16, 2010 4:45 pm
by olujay25
Thanks,I have got 3 years cohabitation documents. Divorce was initiated January 2010. Thank you for replying.