Non-EEA-PR application based on Retained Right refused

[Obie]

You have problem and I have problem but I don't have solution

They say I must provide cover 5 year period for my ex wife, its mean cover every month that she working or study or wgat activity doing, do I need to make magic the paperwork, it's very sad when I work since 2009 with no stop and paying all tax.

Very disappointed

unfortunately the law says that you need to prove your wife worked for either a continuous period of 5 years during, before or prior to termination of marriage as the case may be. In the case of divorce, that she was working continuously prior to initiation of proceedings to end marriage.

[Lahialahia]

You have problem and I have problem but I don't have solution

They say I must provide cover 5 year period for my ex wife, its mean cover every month that she working or study or wgat activity doing, do I need to make magic the paperwork, it's very sad when I work since 2009 with no stop and paying all tax.

Very disappointed

unfortunately the law says that you need to prove your wife worked for either a continuous period of 5 years during, before or prior to termination of marriage as the case may be. In the case of divorce, that she was working continuously prior to initiation of proceedings to end marriage.

Hello Obie

Please wgat you think if I send new application, I have prepared one and plan to sebd today

I provide in this application 5 year of tax decision for 5 year me and my ex wife showing our income for every year

Maybe it's will help ?

Thank you

[Obie]

provided the self employment meets the threshold, there is evidence of payment of NI, and there is evidence of invoice and bank statement for activities she undertook, then you should be okay.

[Roreu1]

An accountant, or chattered accountant will have their licence revoked if they are found out, as it will be false representation.

Hey Obie I’m not said do any chattered.I thk accounted allow to speak HMRC for work history

[Obie]

Only if they are instructed by the one they are making inquiry about to undertake that role, and therefore an authority will be required from the EEA national.

[Lahialahia]

Hello Obie

I have make new application with covering letter to ask them to consider the tax credit desicion I provide for 5 year which show my income and my ex wife income for every year

Please wgat you think ?

Looking forward to hearing back from you

Thank you

[Roreu1]

Hello Obie

I have make new application with covering letter to ask them to consider the tax credit desicion I provide for 5 year which show my income and my ex wife income for every year

Please wgat you think ?

Looking forward to hearing back from you

Thank you

Hey my friend I ask u 1 thk u let me knw home office find your ex 2 year work and give call to work place and ask about your ex.plz can u tell me this 2 year u give prof to home office or home office find from HMRC plz let me knw thx u

[Lahialahia]

Hello Obie

I have make new application with covering letter to ask them to consider the tax credit desicion I provide for 5 year which show my income and my ex wife income for every year

Please wgat you think ?

Looking forward to hearing back from you

Thank you

Hey my friend I ask u 1 thk u let me knw home office find your ex 2 year work and give call to work place and ask about your ex.plz can u tell me this 2 year u give prof to home office or home office find from HMRC plz let me knw thx u

The homeoffice contact my ex wife employer and they confirm she was working there for 2 years.

I think every caseworker looking to the things different

[Roreu1]

Thx for replay.insallah u get your Pr my prays with u.i thk do with solicitor

[skunchila]

Well your lawyer took wrong approach as there was an alternate remedy in a right of appeal to the FTT, and if the Home office picked up on this in their acknowledgement of service and the Upper Tribunal agrees, then you may have to pay Home Office cost. Your lawyer should be confident in what he is doing.

Hi Obie,

My first tier appeal was not allowed, the judge said i did not try hard enough to obtain my ex ID that emails attempts were not enough. However the upper tribunal granted me permission to appeal as they said 3 out of my 4 grounds against the first tier court decision were arguable. I eventually had my hearing at the upper Tribunal and the Upper decided to step aside the previous decision of the first tier court as they said there were errors of law in the decision. The upper tribunal now referred the case back to the first tier court for a different judge to decide.
My question to you or to anyone that has experienced this is what do i need to do. The decision has been made since the 16th October and up till now i have not received any correspondence from the first tier court.
In the Tribunal decision letter it stated that IF the lower court requires another hearing in order to re-decide my case they will notify me. 30 days have gone pass after the tribunal decision no contest or appeal from the Home Office.
Please advise on the next step to take.
Many thanks for your usual help

[Obie]

Sorry to hear that you case has been going round the circus. Unfortunately you have to wait for a hearing. All my matters has been successful in the a ftt, so I have not had to go to the UT. I am surprised will your rep asked for it to be remitted. Anyway all the best.