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Hi Obie and other mods, My appeal has been reheard and the Judge has allowed my appeal on Article 8(5). Now I have another problem, my husband has changed his job so the HO has not got his new employment details on my file. If they try to contact employer to acertain treaty rights the previous employer whose details they have on file will tell them my husband is no longer working with them. Now what can I do? Can I write to HO and send them the new employment details. If yes which address can I send the letter to. Your help is always appreciated.

Regards
Comfort.

Well did the judge allowed it on the basis that you are in a durable relationship, and hence the Secretary of State should exercise her discretion, or the judge exercised his or her discretion and stated that you are entitled to a residence permit.

If it is the later, then Home Office cannot say or do much, except they appeal against the judges decision.

If it is the former, I dont believe they will do further check, if non existence of treaty rights, was not the basis of the previous refusal.

HO cannot refuse on an entirely different basis if judge stated that you are an extended family member of a qualified person.

Thanks Obie, yes the judge said that the Secretary of State should exercise her discretion because with all the documents I provided there is no doubt that we are in a durable relationship so the judge asked the Secretary of state to exercise her discretion.

Well at the exercise of discretion stage, the Secretary of State cannot refuse on the basis of absent treaty rights.

Thanks so much Obie

Hello good people, can someone help me with the contact number for UKBA please? My appeal was allowed a month ago and I would like to contact them for update but when I call the 01516725626 number it says the number is not in use but it doesn't give any alternative. Has any one got their current number please. Also can I email the case team which refused the innitial application or they don't have anything to do with my file anymore. Please help.
Thanks.