Immigrationboards.com

i married to bulgarian national in june 2010 and she was self employed and i applied residence card in august 2010 as family member of eea national who exercising treaty right as self employed person.we were invited for marraiage interview and after interview granted residence card for 5 years.
we divorced in 30december 2013 and applied residence card under retained rights and provided following eveidence

ex spouse self employed eveidence...Accountant letter dated after divorce,self assessment tax returns for last 3 years

applicant employment eveidence..... 5 wages slips which are 4 weekly and last wage slip one week prior to divorce

divorce certificate to prove that marriage was more than three years and utility bills


my application was refused because following reasons

that i have not provide enough eveidence that my ex spouse was self employed .like business bank statment and invoices which i could not because my ex spouse refused to give me invoices and statments

that i have not provided any eveidence that i wasin employment after date of divorce because my last wage slip was one week prior to divorce
i have apealed matter in tribunal and can provide evidence regarding my employment but cannot provide anything regarding my ex spouse more than what i have provided



please advise me what can i do

It may be possible to appeal a refusal (because of lack of evidence) and in appeal court get the immigration judge to direct the Home Office to contact a relevant governmental department like the DWP to obtain evidence of the EEA citizen's exercising of Treaty rights. See here

How long as this Bulgarian national resided in the UK for?

rosebead wrote:It may be possible to appeal a refusal (because of lack of evidence) and in appeal court get the immigration judge to direct the Home Office to contact a relevant governmental department like the DWP to obtain evidence of the EEA citizen's exercising of Treaty rights. See here

Do you think tax return and accountant letter and ni contribution letter will not be enough to prove it

Thanks for ur reply

Obie wrote:How long as this Bulgarian national resided in the UK for?

4 yesrs one month

rizwan786 wrote: Do you think tax return and accountant letter and ni contribution letter will not be enough to prove it

Thanks for ur reply

I do not know in honesty. This post might perhaps give you some insight, and this sticky thread also.

rizwan786 wrote:i married to bulgarian national in june 2010 and she was self employed and i applied residence card in august 2010 as family member of eea national who exercising treaty right as self employed person.we were invited for marraiage interview and after interview granted residence card for 5 years.
we divorced in 30december 2013 and applied residence card under retained rights and provided following eveidence

ex spouse self employed eveidence...Accountant letter dated after divorce,self assessment tax returns for last 3 years

applicant employment eveidence..... 5 wages slips which are 4 weekly and last wage slip one week prior to divorce

divorce certificate to prove that marriage was more than three years and utility bills


my application was refused because following reasons

that i have not provide enough eveidence that my ex spouse was self employed .like business bank statment and invoices which i could not because my ex spouse refused to give me invoices and statments

that i have not provided any eveidence that i wasin employment after date of divorce because my last wage slip was one week prior to divorce
i have apealed matter in tribunal and can provide evidence regarding my employment but cannot provide anything regarding my ex spouse more than what i have provided



please advise me what can i do

As you mentioned that your previous RC was issued on the bases that your EX was a self employed person and HO did not objected in 2010,so at this stage self assessment forms and accountants letter are enough.
Secondly as you submitted your payslip just a week before the divorce,so you also considered as a qualified person.
I think that the person who refused your application was in day dreaming.
I don't know why these non sense refusals come on this board.

Imshzd wrote:

rizwan786 wrote:i married to bulgarian national in june 2010 and she was self employed and i applied residence card in august 2010 as family member of eea national who exercising treaty right as self employed person.we were invited for marraiage interview and after interview granted residence card for 5 years.
we divorced in 30december 2013 and applied residence card under retained rights and provided following eveidence

ex spouse self employed eveidence...Accountant letter dated after divorce,self assessment tax returns for last 3 years

applicant employment eveidence..... 5 wages slips which are 4 weekly and last wage slip one week prior to divorce

divorce certificate to prove that marriage was more than three years and utility bills


my application was refused because following reasons

that i have not provide enough eveidence that my ex spouse was self employed .like business bank statment and invoices which i could not because my ex spouse refused to give me invoices and statments

that i have not provided any eveidence that i wasin employment after date of divorce because my last wage slip was one week prior to divorce
i have apealed matter in tribunal and can provide evidence regarding my employment but cannot provide anything regarding my ex spouse more than what i have provided



please advise me what can i do

As you mentioned that your previous RC was issued on the bases that your EX was a self employed person and HO did not objected in 2010,so at this stage self assessment forms and accountants letter are enough.
Secondly as you submitted your payslip just a week before the divorce,so you also considered as a qualified person.
I think that the person who refused your application was in day dreaming.
I don't know why these non sense refusals come on this board.

thanks for your reply
his dreaming costing me alot
i was instructed by tribunal to provide updated eveidence to home office within three weeks
i will send updated wages slips and same documents for my ex i hope home office representative will think to withdraw decesion

You are required to file in your bundle and cases you wish to rely on within this 15 days.

The Secretary of State may withdraw her decision, but there is no certainty about this.

I believe they are unreasonable in asking you to provide this, giving the fact of your case.

Obie wrote:You are required to file in your bundle and cases you wish to rely on within this 15 days.

The Secretary of State may withdraw her decision, but there is no certainty about this.

I believe they are unreasonable in asking you to provide this, giving the fact of your case.

I have submitted a letter from my employer updated wages slips and updated ni contribution letter of my ex and accountant letter and tax returns from last three years.
Any thoughts

Obie. If HO withdraw thier decision of refusal, does this always mean they will grant the visa or they will go look at the application line by line, word by word, and maybe find another reason to refuse again.