Human Right

[IHD73]

Hi, hope I will find my solution over here.
Came to UK = oct 2004 as student ( oct 2004- march2008)
Married (Mar 2008)
EEA 5 yr resident card( mar 2009- April 2014)
As everyone has their ups and down in married life I had same and my wife left me for good without informing me and took all her stuff, because she knew I need her help to apply for my PR. As per my solicitor advice I applied for PR on EEA and my visa got refused, because my wife was not exercising treaty right. she was working as a cleaner as cash in hand job. I got to appeal which I did but got refused again for same reason. I appeal for upper tribunal but no luck. so from April 2014 till Aug 2015 my case was under appeal ,my solicitor refused to help me so I have to look for a new solicitor , so he advice me to go for human right and filled flr (o) private life 10 year but luck was not with me the HO refuse saying that I need to give them the passport of my wife and the bank statement by 21st Jan 2016 which I couldn't because it been almost two years that I haven't seen her and I don't know where she live .she had cut me off from all the contact . so I got a refusal again for not submitting the required document of my wife and I haven't completed my 20 years in UK for entitle for private life.HO suggested that I should go back home and live my own life in some other part of my home country where my family and relative will not come to know and I will be safe or seek asylum. My solicitor is appealing for the same.
Please help me what to do as I have spent more than 8k on solicitor and HO fee. I have lived here for 11 years now. MY family back home had abandoned and life threaten me if I return because I married to a Christian. I don't know what to do, I have lost my job because I have no right to work, all my saving are going down the drain ( my expenses, fees ). I m human how can I live like this with fear,No job, why m I facing all this and my wife is not. Why the law in UK is so harsh.I have paid almost 55k for last 10 years as my tax and NI. I have not taken a single penny benefit .

[Obie]

Are you divorced yet?

[IHD73]

NO I m not

[Obie]

You married in 2008.

What was she doing from 2008 -2013?

When did you seperate?


It is unfortunate that you were reaped of by the lawyers.

[IHD73]

yes I was married in march 2008, and she was working as a cleaner with her friend (cash in hand job). HO say that there is no record in HMRC.that means she was not exercising the treaty. she left me in march 2014.

[Obie]

yes I was married in march 2008, and she was working as a cleaner with her friend (cash in hand job). HO say that there is no record in HMRC.that means she was not exercising the treaty. she left me in march 2014.

You don't need to have a NI record to be a worker. It will be an error of law for the courts or tribunal to conclude so .

Have you got CSI, and are you presently working.

[IHD73]

No CSI, and I m not working, I lost my job in dec 2015 as per my solicitor, I don't have right to work

[Obie]

No CSI, and I m not working , I lost my job in dec 2015 as per my solicitor I don't have right to work

The lawyer is apparently hopeless, at least he could have advised you to get a CSI and you evidence of earning, at the time of the hearing. This would have at the very least enable you to obtain a further 5 years. Or seek a direction from the Tribunal, that within section 40 of the UKBA act 2007, the Secretary of State should enquire of your wife's employment history.

[IHD73]

Now what should I do, I m waiting for my appeal date from tribunal for my new case flr(o).

[Obie]

The EU law point may still be advanced. I think there is a merit in it.

I think you will be best advised to proceed with divorce if the marriage has irretrievably broken.

[IHD73]

How can I proceed with divorce, I don't even know where she is. she might had gone back to her country ( France ), how can I file a divorce

[Obie]

2 years separation with consent may be a possibility.

[wegiwegi]

How can I proceed with divorce, I don't even know where she is. she might had gone back to her country ( France ), how can I file a divorce

Read this. solicitors website link removed by moderator› desertion

and then this. https://www.gov.uk/divorce-missing-husband-wife

Good luck

[secret.simon]

You don't need to have a NI record to be a worker. It will be an error of law for the courts or tribunal to conclude so .

Perhaps not, but it could be argued that given that the work is paid so low that the worker has not bothered registering for an NI number, the work is marginal and ancillary.

Also see Pages 11-14 of the Qualified Persons guidance from UKV&I.

[Casa]

2 years separation with consent may be a possibility.

As it appears that the wife can't be contacted to obtain her consent it would be five years separation.

[Obie]

Perhaps not, but it could be argued that given that the work is paid so low that the worker has not bothered registering for an NI number, the work is marginal and ancillary.

Also see Pages 11-14 of the Qualified Persons guidance from UKV&I.

Well in Law , discipline is key. Neither the Secretary nor the Tribunal sought to deploy the argument you are seeking to advance for them, did they? Probably because it does not apply. It cannot be accepted that a person is precluded from being a worker cos NI was not paid or they were eligible to exemption from it.

I will not seek to deal with the issues you raised on this Sunday morning. Suffice to say it was not raised by the tribunal .

[Obie]

2 years separation with consent may be a possibility.

As it appears that the wife can't be contacted to obtain her consent it would be five years separation.

That may well be the case. Or maybe she may emerge .

[Obie]

Just to add to this thread, and for completeness.

Depending on the circumstances of the case, n law, the OP has the option on praying in aid to 2 years desertion , for which a consent will not be required from his estranged spouse.

It will all depend on the circumstances.

[IHD73]

hi,
I have sent my appeal on 22 Jan 2016 for my case above to first tribunal but I haven't received the hearing date so far why it is so delay , my passport had already expired in Aug 2015 , I have no job so can I start my own business ? can I buy my own house until my case is resolve. thank in advance