EEA4 Refused with rights of appeal

[jojo2007@]

I am a Non-EEA national and my husband is EEA. We have a 5 year old son who has EEA passport. We got married in 2007 but we are now separated and going through a divorce. He is deliberately delaying the divorce because he doe not want to split the assets. He was abusive and I have full custody of our son.I had a 5 year residence on my passport and this has now expired. I applied for permanent residence but HO have refused to give me permanent residence as I was not able to provide evidence of my husbands exercising his treaty rights. He was working until 2010 and i have documents to prove this as he is director of a company and i got the accounts from companies house. but there are no accounts after that though I think he is still technically the director even if he is not trading using this company. We had rental property anyway which can count as income and also private healthcare. Is this sufficient information?
I have now been dismissed from my job as I cannot show evidence of my rights to work. Does anyone out there know what else I can no. I appealed but I have not heard anything. How long does it take. Can I get a COA so that I can at least work in the meantime?

[vinny]

What was he doing since 2010? If he is unwilling to give you documents, then the Tribunal may help.

[jojo2007@]

Thanks for your reply. After Sept 2010 he worked on and off. He works as a contractor using limited companies. Through the divorce I have got some documents. For eg in one tax year I got his tax return. The tax return was for a complete tax year but the amount earned was about 9k. So that means he did not work for the full 12 months as this amount is not a lot. But I sent it anyway. I have some bank statements as well. I think HO wrote to him to request for information but of course he will not co-operate. We are not on talking terms. He is not even allowed to see the child so there is no way he will help.

[vinny]

the Tribunal may help.

[Obie]

Have you got evidence of Domestic Violence?

How long had this chap resided in the UK as a person exercising treaty right?

[jojo2007@]

He has been here since around 96. When I applied for the 5 year residence card in 2007 I got a letter from HMRC that said that he has been paying taxes since 1996. In 2007 we also applied for the blue reg card for him and my son. I have evidence of DV. We had to be put in a refuge for 9 months as he threw us out of the home and we were homeless, the high court found that he was abusive to me and our son and this is the reason why he is not allowed to see our son. he has also been ordered to get a psychiatrict report and undergo DV course, and submit alcohol strand test at the high court. He has so far refused. I can also get police reports.

[Obie]

I think the HO are wrong to have acted this way. They should have checked his tax record, without needing to contact him, and this would have established that he has been exercising treaty rights in excess of 5 years.

Unfortunately you will need to get an immigration judge to compell them to undertake their task in law.

You can hardly be expected to approach him for those documents.

[jojo2007@]

Yes I prepared an appeal and I stated that I could not or even be expected to produce these documents. I also read somewhere that where there are ongoing childrens proceedings HO should give temporary leave? And anyway I am not even allowed to leave the country for more than 28 days with the child. The problem is I need to work in the meantime as I have no other way of financially supporting myself and my son. He does not pay anything.

[Obie]

This is wrong in every respect.

Firstly HO is totally wrong in Law . If they had undeetaken the checks required of them by their own policy, in these exceprional circumstance, they would have found that this man has lived and work here for in excess of 5 years.

Secondly, it is wrong to say that you have no right to benefit or employment or right to travel .

Your child is a family member of a migrant or former migrant worker, he/she is probably now in school as well. As his/her primary carer, you have the right to live, work and claim these benefits in the UK This is just a fallback position, which I dont believe you need, in any event.