if appeal refused?

helix1 · Post by **helix1** » Mon May 27, 2013 3:18 am

i have appealed for my permanent residence that refused, reason is my partner whos is an EA national has not treaty right EU law contunius 5 year, my question is if can get any proof about her treaty rights in uk last 5 years, it would be all right to expalin why she was not in uk some of years by oral? and if judge would not satisfy that and give refusal decision again..will i have allow to enrty uk after come back my country?

pls some advice

thank you

Post by **Obie** » Mon May 27, 2013 10:48 am

Was your wife exercising treaty right a continuous 5 years preceding your application. Is she currently exercising such rights.

If she is exercising treaty right, notwithstanding the outcome of the appeal, you will be allowed to enter.

helix1 · Post by **helix1** » Mon May 27, 2013 12:53 pm

She has an absence 1 year from uk but she came back working and living in uk currently when she was not here that we did not have bills and etc... I reckon they will refuse my appeal again and send me home after I worked 5. Years and paid all my thousands taxes and being legal here. If they give refuse again on appeal it will be no entry to uk or can I apply again to entry to uk?

Pablito · Post by **Pablito** » Mon May 27, 2013 2:34 pm

helix1 wrote:She has an absence 1 year from uk but she came back working and living in uk currently when she was not here that we did not have bills and etc... I reckon they will refuse my appeal again and send me home after I worked 5. Years and paid all my thousands taxes and being legal here. If they give refuse again on appeal it will be no entry to uk or can I apply again to entry to uk?

I don't think anything will happen to you if you lose your appeal. Your case is about whether your wife exercised treaty rights for period of 5 yrs not whether she is exercising those treaty rights now for you to stay.

What did you provide with your application? what in their opinion you missed within those 5 years?

Post by **Obie** » Mon May 27, 2013 3:16 pm

It is difficult to understand your case, and the circumstances surrounding it. Including the refusal.

How long she had resided in total in the UK prior to the refusal.

helix1 · Post by **helix1** » Mon May 27, 2013 3:54 pm

My payslips, tenancy agreement, marriage certificate, bank statements, life in the uk test, they dont give any excuse really how they assume? I did not live with her, just saying you have not reside with her at all thys really weird how they know I did not live her ? I don't really know it's unfair decision afther all hard working years and all

helix1 · Post by **helix1** » Mon May 27, 2013 3:59 pm

From 2004 to 2009 she was here and working we marrid 2006 and lived together till 2008 she went to spain and stay there 7 months then we lived again together since 2010 but she went to brazil to fAmily visit an stay there again round 6 months and come back to uk 2012 well I think cos o this they assume I never lived with her so I appeal but I dont think thy will recognize

Post by **Obie** » Mon May 27, 2013 4:18 pm

In the circumstances you mentioned, it will not be a wishful thinking, or fanciful thought or over optimism, to except your appeal will be allowed. There is a very good prospect your appeal will be allowed, and i will advise you to prepare your case well, and gather all the evidence of your wife's economic activity since she entered UK.

helix1 · Post by **helix1** » Mon May 27, 2013 4:32 pm

[quote="Obie"]In the circumstances you mentioned, it will not be a wishful thinking, or fanciful thought or over optimism, to except your appeal will be allowed. There is a very good prospect your appeal will be allowed, and i will advise you to prepare your case well, and gather all the evidence of your wife's economic activity since she entered UK.[/quote]. Problem is when she left to uk we haven't any bills and things to proof actually we haven't keep bills and bank statement we never taught it will be big issue but it happened cos of lack of these papers I am refused currently she is economically allright and livin in uk my curiosity is if I am going to be allowed to entry if they say I should back my country

Post by **Obie** » Mon May 27, 2013 4:59 pm

Notwithstanding that, i believe that there is a reasonable good prospect that your appeal ought to be allowed. The UKBA cannot make your case. You have to make it yourself, and show you fall within the legislative provision.

I dont think you will be thrown out. That will be clearly illegal.

helix1 · Post by **helix1** » Mon May 27, 2013 5:35 pm

But they send me letter with notice of refusal and saying you shod leave country etc ..... So scary really even I have rights here

Post by **Obie** » Mon May 27, 2013 5:41 pm

All i can say is, focus on your appeal, and forget about the letter your were sent. That letter is not worth the piece of paper it is written on, in the vast majority of cases. In any event you still have an extended right of residence under regulation 14(2) irrespective of the position in regards to the Regulation 15(1b).

helix1 · Post by **helix1** » Mon May 27, 2013 8:27 pm

They are going to give us to talk and explain our rights? In court?

Post by **Obie** » Mon May 27, 2013 9:10 pm

I should think so, provided you are able to assert these rights and explain them fully in court.

A reply has been sent in regards to the PM you sent me.

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if appeal refused?

if appeal refused?