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Retention of rights afer divorce refused need advice

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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parkash123
Newly Registered
Posts: 2
Joined: Thu Feb 13, 2014 1:11 pm

Retention of rights afer divorce refused need advice

Post by parkash123 » Thu Feb 13, 2014 2:22 pm

Hi every body
I was granted leave to remain the UK on 19 March and held a work permit valid from 26 Feb 2003 to 26 Feb 2008. I married to a EEA national on 22 Dec 2007 and was granted an EEA resident card valid from 11 Feb 2008 to 11 Feb 2013.
I Passed my taxi test in 2010 got registered as self employed in 2011 . During 2011 back home my dad was diagnose with cancer and i had to travel back to take care of him some time twice in a year witch led to extreme financial problems and sadly resulted in divorce on 7 Feb 2012 . when i passed taxi i asked one of fellow driver that how much tax i have to pay he said that if you earn more that a certain amount you need to pay tax and i was well below than that amount and did't send any tax returns .now HMRC sent me the bill of £2900 . I called HMRC last week to setup a payment plan and was advised to send 2010/11 2011/12 2012/13 self assessments first than they will be able to setup a payment plan.
I applied for residence card on 8 April 2013 and was refused .
Reasons for refusal
Regulation 10(6) states that you need to be in employment , self employed or self sufficient at the time of divorce but you have failed to provide the evidence of this.
You have failed to provide evidence that you meet the requirement of regulation 10 (5) and you have therefore not retained the right following divorce.
I appealed against it and my hearing was on last Friday , I produced my taxi insurance covering the period home office claimed i was not working , a letter from accountant that we are in the process of filling the tax return and the refusal Letter from HMRC (1 March 2013) regarding my late penalties appeal .
I am waiting for decision but would really appreciate an expert opinion. and in case if i get refused do i have the chance to go 10 years long rout.
Many thanks.

parkash123
Newly Registered
Posts: 2
Joined: Thu Feb 13, 2014 1:11 pm

Re: Retention of rights afer divorce refused need advice

Post by parkash123 » Thu Feb 13, 2014 4:11 pm

Any one ?? :?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Retention of rights afer divorce refused need advice

Post by Obie » Thu Feb 13, 2014 9:03 pm

Perhaps your representative might have a better idea on your case than anyone on the forum. Way dont you discuss your future prospect with him or her.

Strictly speaking, the directive does not support regulation 10 (6) until when a person applies for Permanent Residence. However the UK thinks otherwise.
Smooth seas do not make skilful sailors

Nimitta
Member of Standing
Posts: 297
Joined: Sun Oct 31, 2010 3:28 pm

Re: Retention of rights afer divorce refused need advice

Post by Nimitta » Sun Feb 16, 2014 1:08 pm

when i passed taxi i asked one of fellow driver that how much tax i have to pay he said that if you earn more that a certain amount you need to pay tax and i was well below than that amount and did't send any tax returns
Yes, if you have below certain amount you do not have to pay, but you still have to submit self-assessment.
Mean what you say, say what you mean

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