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I am not sure about the invoices if I can be able to get those as he said having moved houses about twice, he has lost the majority of his paperwork.Carling40 wrote:Hi Chelsuz85
You're welcome, I forgot to add on the list, invoices for work done during the relevant period would also be helpful
Did he have an accountant? if yes can you get a letter?
Carling40 wrote:Tweaked slightly, what do you think...
Confirmation of EEA Permanent Residence
First Name Middle name Last name, DOB, Nationality
To whom it may concern
I am writing to seek confirmation of my Permanent Residence status.
I am a national of -- (non-eea), had entered the UK on sep.2010, as an EEA family member of name of (ex-spouse) a German national, I was married in [Country] on [DATE]. I have been a family member resident in the UK with my EEA ex spouse exercising his treaty rights since September 2010 till we divorced October 2016, a period over 5 years thus fulfilling Regulation 15 of the EEA regulations as a Family member of an EEA national. It is herein noted that I have acquired Permanent residency status in September 2015 and seek confirmation of that status.
I had applied for permanent residence in Jan 2016, which was refused on 20.7.16, because I had not provided any evidence to show that my EEA partner at the time was exercising his treaty rights in the United Kingdom. I hope you’ll understand I was going through a divorce and it has been difficult to acquire the evidence you request to confirm my rights, I was eventually able to get in touch with the EEA national and he provided his P60 for the tax year 2012 and then his self-assessment forms for the tax years 2013, 2014 and 2015; I had with those applied for an EEA Permanent Residence card, however, this was again refused because the Home Office stated that I had not provided sufficient proof that the self-assessment was received by the HMRC nor showing that the associated tax were paid.
I have now again contacted my now divorced ex spouse EEA National who has now provided his P60 for the year 2011/2012 and his SA302s from the HMRC for the tax years 2013, 2014, 2015 and 2016. My ex EEA souse also provided a few other supporting documents and have confirmed that he owes no tax, his records is up to date and all relevant tax had already been paid. As we are divorced I’m unable to provide his bank statements.
I have in the best of my ability also since I’m divorced, provided enough evidence to show that my EEA ex spouse has been exercising his treaty right since moving to the United Kingdom in September 2010. I authorise the secretary of state to exercise her powers to contact other government agencies to confirm any additional information if needed to confirm my acquired rights.
All of my travel documents i.e. passport, initial family and residence permit the Home Office holds. My former partner and myself are now fully divorced and the decree absolute have been issued in October 2016. You will note that this application is being submitted within the 28 day’s grace period and therefore should be considered as a valid application. [Not applicable to EEA applications as far as I’m aware]
Its clear from the above that Regulation 15 has been fulfilled as evidence of 5 year relevant period has been provided i.e. September 2010 – September 2015 an I have acquired permanent residency. I’d be grateful for the confirmation to be issued at the earliest opportunity. I have since separation from my EEA national developed a private life through my continuous employment where I have met and developed a circle of friends. Furthermore, I have custody of 4 children born from this relationship, as outlined in the application form. You will note that all children are German national and have a right to remain in the United Kingdom, under the obligation of the United Kingdom upon these regulations.
Based on these apparent facts, I distinctively solicit your indulgence to a positive response to this application, as you remained the final arbiter.
I have noted a list of the original copy evidences provided for your perusal
Ex-EEA Spouse
1. P60 for the year 2011/2012 [Name of employer] [Dated]
2. Self Assessment Tax Calculation SA302s for 2013
3. Self Assessment Tax Calculation SA302s for 2014
4. Self Assessment Tax Calculation SA302s for 2015
5. Self Assessment Tax Calculation SA302s for 2016
6. Receipts for NIC contributions [Date period]
7. Business cards [include 1 or 2]
8. Letter from accountant [This helps add additional credibility since you don’t have invoices]
Proof of address
1. Utility bills, council tax etc. for September 2010-September 2015 [they don’t have to be in joint names as long as they both link you and ex to the same address]
Myself [Applicant]
1. Decree absolute Oct 2016
2. Payslip [October 2016, November 2016…. March 2017]
Thanks again, I will be sure to keep all that in place.Carling40 wrote:You're welcome, make sure you make and keep copies of all the documents (including signed and dated cover letter) you send with the new application. Just in case you get a hearing date whilst the application is being dealt with. Photocopies will be okay to use in court.
All the best.
indeed the advice here as well as learning from the experience of others can be much more better than employing the services of a lawyer. I remember the 2nd time that I wanted to put the application in, I went to see a lawyer for an initial consultation and each time I asked him a question, he will pull out his phone and check on google... So, I was wondering what then does this guy know?? I can as well ask google. I wish I did earlier as I believe I would have found this forum then.. But nevertheless; it is all good and I am fairly confident I have provided all that they asked for to the best of my abilities. Fingers crossed.Carling40 wrote:Looks good doesn't it? You should be fairly confident looking at the documents you've now provided in support of your confirmation of acquired PR rights. Now the wait...I wish you all the best and a positive outcome this time.
I can't see any obvious loopholes you haven't covered
Same situation, still waiting to hear anything from them, no biometrics received eitherChelsuz85 wrote:Application posted - 24/04/2017
Received by HO - 25/04/2017
Payment taken - 27/04/2017
I have NOT heard anything else since then. just wondering.... Is it too early to start asking questions about non-receipt of biometrics letter?
Like always Carling40, thank you. No, my appeal is Oral and not paper. I stay in Manchester and the IAC they have put a hearing for me is in Bradford.Carling40 wrote:Hi
If i remember right you went with a paper appeal, if yes then basically its either the court makes a decision or the home office concedes and withdraws the appeal.I'd be surprised if they concede. You've got to remember your appeal was lodged based on the 1st and 2nd applications and didnt have satisfactory evidence in their opinion and so they may have felt entitled to refuse you. However with the 3rd application you appear to have covered most loop holes and its more complete, so the if the Home office havent decided your application by the date of the appeal the court will decide based on the old and new evidences provided in the new application as the judge will see you've submitted another application with additional evidence. I've seen cases where the HO on reciept of the new evidence at appeal stage were satisfied with the additional information went ahead and issued confirmation of PR and not even informed the court.
I can't stress enough "do not" withdraw your appeal until you have the confirmation of permanent residence in your hands one way or another.Your appeal is your legal right.
HO may contact you and ask you to withdraw your appeal to allow them make a decision. This is to save face, politely let them know youre happy to do withdraw when you have what you seek (PR). Either they issue you the confirmation you seek at the earliest or the judge will decide soon after the 31 August.
Thank you. I'll sure do.jsphshihome wrote:Good luck with your application .I hope you will get it this time around .Keep us updated about the progress
Hi I don't know why I'd thought you went for the paper appeal, do you have legal representation in court or would you be representing yourself? You need to be prepared for all eventualities and ready to answer all questions no matter how relevant or irrelevant they may be to the case, the HO's hostile behaviour knows no boundaries so be prepared as they might try to attack and smear your credibility just to avoid granting you what is your right. I hope and pray you get a decision before your court date.Do keep us updated I wish you all the best and a positive outcome.Chelsuz85 wrote:Like always Carling40, thank you. No, my appeal is Oral and not paper. I stay in Manchester and the IAC they have put a hearing for me is in Bradford.Carling40 wrote:Hi
If i remember right you went with a paper appeal, if yes then basically its either the court makes a decision or the home office concedes and withdraws the appeal.I'd be surprised if they concede. You've got to remember your appeal was lodged based on the 1st and 2nd applications and didnt have satisfactory evidence in their opinion and so they may have felt entitled to refuse you. However with the 3rd application you appear to have covered most loop holes and its more complete, so the if the Home office havent decided your application by the date of the appeal the court will decide based on the old and new evidences provided in the new application as the judge will see you've submitted another application with additional evidence. I've seen cases where the HO on reciept of the new evidence at appeal stage were satisfied with the additional information went ahead and issued confirmation of PR and not even informed the court.
I can't stress enough "do not" withdraw your appeal until you have the confirmation of permanent residence in your hands one way or another.Your appeal is your legal right.
HO may contact you and ask you to withdraw your appeal to allow them make a decision. This is to save face, politely let them know youre happy to do withdraw when you have what you seek (PR). Either they issue you the confirmation you seek at the earliest or the judge will decide soon after the 31 August.
Court have asked me to send any further documentation that I have to them and the HO office in Leeds. So I have sent the sa302s to them (court and HO) as that was the only thing missing from the bundle I sent to the court when I filed the appeal, so I assume the court must have sent copies of the documents they received earlier from me to the HO.
On the letter the court says, "send your documents as soon as possible before 17th of July so that the respondent (HO) will have enough time to check through them and they may decide to reconsider which will result in a withdrawal of the case from court"
I do not ever plan to withdraw the case from court, I just wanted to ensure that having an application pending with the home office and now getting a hearing date from court will not cause any confusion. I am however excited at the prospect of having my case decided earlier by the HO given they have had my passport for SO LONG!
Carling40, No I do not have legal representative; so yes, I will be representing myself in court.Carling40 wrote:Chelsuz85 wrote:Carling40 wrote:Hi
Hi I don't know why I'd thought you went for the paper appeal, do you have legal representation in court or would you be representing yourself? You need to be prepared for all eventualities and ready to answer all questions no matter how relevant or irrelevant they may be to the case, the HO's hostile behaviour knows no boundaries so be prepared as they might try to attack and smear your credibility just to avoid granting you what is your right. I hope and pray you get a decision before your court date.Do keep us updated I wish you all the best and a positive outcome.
Thank you for your input Obie, when you say adverse finding of facts against me, what exactly are you talking about?Obie wrote:You are unlikely to get a decision on your application before the appeal.
My advice is to give it a good shot, and ensure the judge does not make adverse finding of facts against you, as that will affect the application and subsequent application you make.
Ok, thanks for clarifying.Obie wrote:Let's Say a judge find that they do not believe that your ex was self-employed, or your evidence is unreliable, or the evidence was insufficient. Unless you successfully challenge that contention, assertion or findings, the Home Office will seek to use it to refuse future application. Hope you understand.
