Dicretionary leave urgent advice needed

Dear Immigration Gurus

I am in a desperate situation and your advise will be hugely appreciated, this is my case in brief,

I am from Argentina, and I came to the UK on April 2008.

From April 2008 to June 2010 Student Visa
From June 2010 to June 2012 Post study work visa
In June 2012 I married an Eu national from Italy
From January 2013 to January 2018 residence card as I was a family member of eu national
(The home office took 6 month to issue my residence card)

In July 2015 my spouse initiated divorce procedings, but he took long time to apply for decree nisi, so my decree absolute was granted in April 2018.

My spouse worked for 5 continous year from 2010 to 2015, I have a letter from hmrc with this records, but it doesn’t say when he started or finished, it only shows the tax contribution. He left uk at the end of 2015, and I was left in the limbo because I couldn’t finalized my divorce until 2018.

In January 2018 I applied for retained rights but application was invalid by homeoffice because my divorce was not formally terminated, a week later I sent a new application with my decree absolute, this time it was refused because I didn’t prove my spouse was working at the time of divorce, I appealed the decision and had my hearing 2 days ago in January 2019.

On the day of the hearing the judge gave me the opportunity to withdrawn my case, because he said I didn’t have evidence my spouse was working at the beggining of divorce procedings, eventhough I had the hrmc letter, so I withdrew, also I was poorly represented by a barrister that didn’t even read my case properly.

A couple of days later I submitted a 3er application for retained rights, I know it will probably get refused, I added the letter from the hrmc which was not submitted in my 2nd application.

Now I am looking for a new solicitor to have a second opinion, as I was advice my last chance is to apply for discretionary leave for private life.

Apologies for the long text, I will welcome your advice as I read the gurus here help a lot of people.

You should not have allowed the Immigration Judge to intimidate you. What he was asking for is not required in law, as you were able to demonstrate that on a balance of probabilities, your EEA spouse had worked for a period of 5 years prior to your divorce.

Your case seems strong, and it is unfortunate that you find yourself in this position.

Hi Obie,

Thank you very much for your reply, I do agree with what you are saying, this is the reason why I am looking for a new immigration adviser.

I know I can't ask for a solicitor recommendation in this forum, but is there a way you could private message me?

I just don't want to choose another ramdon solicitor.

Thanks in advance.

How does it work to send a private message?

I’m a new user and don’t seems to be able to access it.

MariaLondon26 wrote: ↑

Tue Feb 05, 2019 9:36 pm

How does it work to send a private message?

I’m a new user and don’t seems to be able to access it.

You don't have access to private messaging function until you have 30 genuine posts.

Your position is very unfortunate and I sympathise with you plight. However as indicated you cannot send PM nor can I advise you of any firm or recommend anyone to you. All I can say is that based on the information you have provided, the decision does not appear to be sound.

Thanks Obie, as I submitted a 3er application after the withdrawn appeal, I'll keep these forum post it with any update in my case.

Now my second worry is my working rights, what should I say if my employer ask?

The £65 fee has been deducted from my bank account on the 6th February, then I guess I will receive my case ID in any time from now.

Hi Obie

I wonder what are your thoughts in the following, today I had a consultation with a new solicitor ( I chose this solicitor firm because of the hundreds of good reviews in different platforms), I explained my case and he said it is quite impossible to get permanent residence through retained rights if my ex husband was not working at the initiation of divorce procedings, and I couldn’t claim he had a right of permanent residence because he didn’t apply for it.

He gave me 3 solutions for my situation:

1) to apply on the 29 March 19 through the new eea scheme, he said the homeoffice maybe will be more lenient due to the political crisis of Brexit, plus the application will be validated by a system and not a case worker, unless they need more information.

2) to apply for ILR as I have 10 years living legally in the UK, from 4th April 08 to 9 April 18, my decree absolute was granted 9/04/18, he said it won’t be easy but there are chances.

3) to apply for a student visa in case the homeoffice say I am missing 2 years to complete 10 years, I am not fan of this option because financially it means a lot of money.

The new solicitor opinion on discretionary leave in my case is nonsense, he said there are very low chances for me.

Thanks

Bruna

MariaLondon26 wrote: ↑

Fri Feb 15, 2019 6:24 pm

Hi Obie

I wonder what are your thoughts in the following, today I had a consultation with a new solicitor ( I chose this solicitor firm because of the hundreds of good reviews in different platforms), I explained my case and he said it is quite impossible to get permanent residence through retained rights if my ex husband was not working at the initiation of divorce proceedings, and I couldn’t claim he had a right of permanent residence because he didn’t apply for it.

Oh poor you, i feel so sad that you are not able to get a proper break with these solicitors. You seem like someone who has been through a lot and can clearly do with a break.

The lawyer is wrong unfortunately . There is no rational or legal basis to the first advise he gave you. It is not legally sound.

If the EEA national had worked in the UK in the 5 years preceding your divorce, and has not left the UK in the 2 years preceding the divorce, following the 5 years, as seems to be the case here, then there is no requirement in law, that he be a qualified person at the time of termination of your marriage.

Brexit is like a sinking ship, as the UK sinks they will never seek to keep EEA national or their family or former family member afloat, they will ensure they sink with them. As the economic tsunami spreads, the hostility will be enormous. The UK political establishment will seek to inflict the most severe revenge, to ensure they have something to show their voters. Therefore i totally disagree with your lawyer or the legal position, and his prognosis on the UK reaction in the event of a crash.

MariaLondon26 wrote: ↑

Fri Feb 15, 2019 6:24 pm

He gave me 3 solutions for my situation:

1) to apply on the 29 March 19 through the new eea scheme, he said the homeoffice maybe will be more lenient due to the political crisis of Brexit, plus the application will be validated by a system and not a case worker, unless they need more information.

I would have thought it will go the other way. The EU negotiator, Barnier, has already asked the UK to keep taking EEA citizens and their families if there is a no zero tariff trade deal Breixt (as the EU wanted the UK to do with the Withdrawal Bill) but the UK have refused. Italy going in to recession and Germany just missing going into recession on their poor growth, is causing problems in the Eurozone.

JB007 wrote: ↑

Sun Feb 17, 2019 1:38 pm

Italy going in to recession and Germany just missing going into recession on their poor growth, is causing problems in the Eurozone.

German Economy Stagnates, Just Barely Skirting a Recession
https://www.bloomberg.com/news/articles ... -recession

Germany Just Barely Avoids A Recession
https://www.zerohedge.com/news/2019-02- ... -recession

Italy Slides Into Recession as Europe Stalls
https://www.nytimes.com/2019/01/31/busi ... wdown.html

To JB007

I just came to the conclusion he gave me a very bad advice in his 3 solutions to my case, and I paid him £120 for an hour!

I am looking to speak to another solicitor, I just found a case in the tribunal website, very similar to my situation, even with similar dates, I will try to speak over the phone to the solicitor firm who represented this case, and see from there, I just don't want to waste my money, but I need to find the right person.

JB007 wrote: ↑

Sun Feb 17, 2019 1:38 pm

MariaLondon26 wrote: ↑

Fri Feb 15, 2019 6:24 pm

He gave me 3 solutions for my situation:

1) to apply on the 29 March 19 through the new eea scheme, he said the homeoffice maybe will be more lenient due to the political crisis of Brexit, plus the application will be validated by a system and not a case worker, unless they need more information.

I would have thought it will go the other way. The EU negotiator, Barnier, has already asked the UK to keep taking EEA citizens and their families if there is a no zero tariff trade deal Breixt (as the EU wanted the UK to do with the Withdrawal Bill) but the UK have refused. Italy going in to recession and Germany just missing going into recession on their poor growth, is causing problems in the Eurozone.

Well the UK economy is only 1/8th Of the EU economy as a whole, therefore the UK by all estimation is most likely to suffer more than any EU country.

Most expert believes the UK will suffer the most, followed by Ireland and other countries.

Obie wrote: ↑

Sun Feb 17, 2019 6:01 pm

Well the UK economy is only 1/8th Of the UK, therefore the UK by all estimation is most likely to suffer more than any EU country.

? What are trying to say?

The UK is not in the Eurozone. The eurozone is the countries that use the Euro.

Obie wrote: ↑

Sun Feb 17, 2019 6:01 pm

Most expert believes the UK will suffer the most, followed by Ireland and other countries.

Are you talking about a no tarriff free trade deal Brexit? Everybody know that the Republic of Ireland will be the worst hit, even they know that.

'Ireland will be worst hit and may need emergency aid in event of no deal Brexit' - Former WTO chief
Paschal Lamay warns that Ireland should prepare for the worst
https://www.independent.ie/business/bre ... 65023.html

Hi Obie

I would like to thank you so much for your advice, my third application for permanent residence was finally successful, I received My BRP for 10 years two days ago.

Now I need to research what documents do I need to gather to apply for British citizenship in 12 months,

And once more many thanks!

MariaLondon26 wrote: ↑

Fri Mar 22, 2019 7:34 am

Hi Obie

I would like to thank you so much for your advice, my third application for permanent residence was finally successful, I received My BRP for 10 years two days ago.

Now I need to research what documents do I need to gather to apply for British citizenship in 12 months,

And once more many thanks!

Please share what was different on this application?

Please refer to my first post on this thread, I explained in details.