pls urgent help needed

[jamesadewale200]

This is an email i got from a senior case worker. i applied for retention of rights of residence.

I understand that you submitted self employment documents but they are not sufficient.

Cast iron evidence that we would accept would be externally audited accounts from a registered solicitor OR invoices for a service provided matched by deposits in a bank account.

Anything other than that we would be looking to refuse.

If the EEA national was exercising treaty rights as a worker we would be looking for payslips or an employer letter. If the EEA was paid via BACS we would expect to see bank statements confirming this.

Please note whatever treaty rights evidence you submit, it would need to be within a month of the divorce proceedings.

If you can send all documents to;
However, if you can wait a month, I think the best option would be to allow us to make an external check.

[jamesadewale200]

this are the documents i sent for evidence og self employment

letter from hmrc confirmation self employment registration in 2010.

letter from accountant confirming self employment from 2010 till date.

evidence of national insurance paid from 2010 till date

letter from hmrc confirming self employment paid till date .

tax return from 2010 to 2011, tax return from 2011 to 2012

my decree absolute was issued on october 9th 2012.

i dont have access to eu citizen bank statement.please advise on what i can do based on the letter the case worker sent, should i allow them to do external check, what will that prove to them since i have submitted all the letter from hmrc.

[jamesadewale200]

i just found out that ex wife got an employment in october 1st 2012, can i try to see if i can get a letter of employment and payslip and also her p60 if she has anyone or should i just allow them do the external check,pls which one will favour me as i dont want to lose my residence card.

[Diomond]

i just found out that ex wife got an employment in october 1st 2012, can i try to see if i can get a letter of employment and payslip and also her p60 if she has anyone or should i just allow them do the external check,pls which one will favour me as i dont want to lose my residence card.

try to get her P60 ,payslips etc, Tha will make your case more strong.

[jamesadewale200]

thanks diamond, any more members of the forum willing to have a say and advise me.

[Imshzd]

This is an email i got from a senior case worker. i applied for retention of rights of residence.

I understand that you submitted self employment documents but they are not sufficient.

Cast iron evidence that we would accept would be externally audited accounts from a registered solicitor OR invoices for a service provided matched by deposits in a bank account.

Anything other than that we would be looking to refuse.

If the EEA national was exercising treaty rights as a worker we would be looking for payslips or an employer letter. If the EEA was paid via BACS we would expect to see bank statements confirming this.

I am unable to understand why home office wrote this email?
Did you contact them?
Or they are asking more evidence?

Please note whatever treaty rights evidence you submit, it would need to be within a month of the divorce proceedings.

If you can send all documents to;
However, if you can wait a month, I think the best option would be to allow us to make an external check.

[Imshzd]

Case worker told you that your documents are not enough
And also informed you that if you are unable to provide more evidence then they can do external checks without your request.

This is really a good sign for those who will apply RC under ROR,when non EEA nationals are unable to obtain ex treaty rights.

[yemco]

From my own experience the caseworker did not returned the employer's letter I sent with my ROR application.it will be advisable if u can get the letter from ur ex to support ur application.

[jamesadewale200]

so should i just get the employment letter or let them go ahed with the external search

[jamesadewale200]

please anymore advise before i tell them what to do

[jamesadewale200]

this is an update on my case, i have been able to get payslip from my ex wife and it starts from october 2012 till march 2013 and also i got p60 for the year.pls note decree absolute was issued on october 9th 2012. please adviise if documents are ok

[Imshzd]

Please note whatever treaty rights evidence you submit, it would need to be within a month of the divorce proceedings.



What they asked you is clearly written above.

[jamesadewale200]

is it b4 decree absolute was issued pls

[Obie]

Any document you provide has to predate the finalisation of the decree absolute.

providing evidence of her employment now, when she has ceased being a family member, could cast doubt on the credibility of the documents your provided of her self employment.

[jamesadewale200]

thanks obie for your response,i asked her if she could give me her self employed documents but she told me that she has been working since october hence she can only give me her payslips and p60 till date if i want so what do you advise cos if i refuse the documents my application might be refused

[Obie]

No need for current evidence of self employment. what is needed for retention of residence, is historic evidence.

Current evidence are of no use whatsoever.

Let her provide her historic self-employment evidence.

[jamesadewale200]

in the email sent ,they asked for invoice matching bank statement,she isnt ready to give me her bank statements so she said cos she was employed too in october b4 decree absolute was issued and she said cos the email also asked if i can provide payslip within divorce proceedings she is more than happy to give me that,i am a begger with no choice.

[Obie]

I just believe a caseworker might be inclined to probe further, if as a result to requesting further evidence to speed up an application, an evidence in a totally different category is provided, especially when it will appear to him/her that you and your ex-appears to be in good relations.

He or she will find no reason, in such circumstance, why she will not be able to provide the evidence requested, except of course the genuine nature of the business is in question.

[Imshzd]

Your application was based on self employed person and you also attached the letter from her accountant,in which her accountant confirmed that she was trading as a self employed person..
Now if you sent pay slips from 1th of oct then this is a common sence that your self employed documents was self created.
Dont mess your case let them allow to do external or what else checks.

[jamesadewale200]

My application was refused based on a nonsense story,saying that I meet the 3 years of marriage and 1year in uk but I didn't provide enough evidence to proof ex wife was working at the time of divorce,they acknowledge that they got her payslips but it didn't say when in October her employment started,they also talked about her accountant for self employment saying the couldn't look him up on company house or duedil but this accountant is registered with hmrc and has been filing lots of tax returns for clients,he has even given me a screenshot of my exwife registration which hmrc which shows his details and agent Id he has even represented some clients in court against hmrc,here is the same accountant who issued a letter when i first applied for residence card and it was approved,i also provided tax returns 2010 to 2011, tax returns 2011 to 2012'letter from hmrc dated 12 march saying all national insurance paid till 2012 which covers divorce proceedings,I now have contract of employment of wife which shows she started work 6th October 2012 which shows its falls within divorce proceedings and also I have profit and loss statement, I am thinking of asking for reconsideration,what do you think.

[Amebo]

My application was refused based on a nonsense story,saying that I meet the 3 years of marriage and 1year in uk but I didn't provide enough evidence to proof ex wife was working at the time of divorce,they acknowledge that they got her payslips but it didn't say when in October her employment started,they also talked about her accountant for self employment saying the couldn't look him up on company house or duedil but this accountant is registered with hmrc and has been filing lots of tax returns for clients,he has even given me a screenshot of my exwife registration which hmrc which shows his details and agent Id he has even represented some clients in court against hmrc,here is the same accountant who issued a letter when i first applied for residence card and it was approved,i also provided tax returns 2010 to 2011, tax returns 2011 to 2012'letter from hmrc dated 12 march saying all national insurance paid till 2012 which covers divorce proceedings,I now have contract of employment of wife which shows she started work 6th October 2012 which shows its falls within divorce proceedings and also I have profit and loss statement, I am thinking of asking for reconsideration,what do you think.

......

Did they aask you to appeal, i think it ll better to reapply with good evidence ask ur ex her bank statement that match with the invoices,,, good luck mate