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This is one of these almost rare cases in which self-employment and tax is not an issue. Refreshing change!Dapson wrote:Where the invoice is not reflection on the bank account? Or dnt you submit any bank statement of how the money was paid from the self employed ? Can you shed light in to this please
@noahjthannoajthan wrote:Agreed. Most unfortunate.Carling40 wrote:@Noahjthan
I'd like to clarify having been aware the approach prior to making the application and other precedence by caseworkers in similar cases with my timelines that the HO guidelines is not consistent with the directive. For clarification, I did focus and (to the best of my ability) on the fact continuous treaty rights and residence had been established for 5 years, by providing the corresponding 5 years tax calculations 2010-2015(SA302) which is accepted for mortgage applications stapled together. Error: I'd like to state that "in the list of documents given consideration to" by the caseworker it simply stated "tax calculation 2011" and no mention of 2011-2015, to me that would appear they saw the front page and somehow didn't see the 2011-2015 all stapled together. The case worker also confirmed and accepted that the marriage lasted 5 years. In anticipation of them treating it as an ROR leading to PR I also provided profit and loss accounts letter supporting the invoices raised from sponsors accountant covering the period
ending 2015 till absolute, I note this also was not listed in the list of documents consideration was given to. What more could I have done? I hope you'll concur I gave consideration to establishing the fact continuous 5 year treaty rights had been focused on and PR acquired in April 2015, and the approach taken is not in line with the EEA regulations.
A cogent cover letter summarising the above and sent with the bundle to spoonfeed the caseworker may have helped. (Or maybe you sent one originally, which was again overlooked).
Anyway you seem to have two clear points to work with:
- overlooked/misread documents that were supplied;
sponsor had acquired PR by April 2015 (simplifying case, rendering ROR irrelevant)Suggest cross ref [2011] UKUT 474 case on that last point.
Ensure residency is amply covered too, leave no 'wriggle room' there and you should be home free.
Sounds good.Carling40 wrote:@noahjthan
...
The dilemma I've got now is, I know they won't accept reconsideration request if I appeal the decision, but I have to continue working and I need to appeal to keep that going. What do I do?
The example also relates to a family member - the point being that residence documents are merely confirmatory.The Claimant’s case in the Employment Tribunal, and on which she succeeded after her first instance appeal was dismissed, was that she had been wrongly suspended without pay and that she had always been entitled to work in the UK as the family member of a EEA national. It did not matter, as His Honour Judge McMullen QC accepted, that she did not have the necessary residence documents. Those documents did not give her the right to work – they were simply evidence of the existence of that right, which came into being because the Claimant was married to an EEA national.
T.M.I.Carling40 wrote:Thanks Noajthan, I can't wait to see how it plays out too, the reconsideration letter was delivered this morning so now it's Netflix and chill.
Will keep you posted
I meant the Netflix & chill bitCarling40 wrote:@Noetic
Haha I wished I'd provided too much information, perhaps the outcome would have been different, no regrets though they had enough information. They say less is more, don't think so.
Carling40 wrote:Thanks Arsham, I'll try keep this thread alive I hope the outcome is positive. I hope you get some positive news soon too
Glad to hear justice has been served. Congratulations.Carling40 wrote:so after over a month since ive sent my reconsideration request and didn't get a response i resorted to getting in touch with my MP and after 5 days of since my MP told me she's chased it up my BRP card confirming permanent residence turns up out of the blue. My deadline to make submissions to tribunal is in August. I can only imagine they've realised their error and had no argument, all ends well. i guess my passports and docs will be returned shortly. A special thanks to the helpful moderator(s) shout out to (Noajthan) and members who offered advice, thoughts and suggestions for no fee, may you receive favour where you least expect as you help tirelessly. To the not so helpful moderator(you know who you are) thank you also. To everyone else fighting an enemy they do not see, keep your head up and keep going. if anyone has any questions please ask as i will remain a part of this forum as it has blessed me since the start till date, i fully intend to give back.
@Dapson you don't yet have the privilege of the PM facility. This is only activated for members once they have made 30 posts, so you'll find that your PM sits unsent in your outbox.Dapson wrote:@carling40 ...please check your PMCarling40 wrote:Hi Dapson
Thanks for the kind wishes. Yes they were hand written carbon duplicates and with a pen. The customer gets front copy and carbon remains in the booklet. She was a make up artist for events. I don't think the case worker had an issue with the fact they were hand written to be honest. I think they were either negligent or trying to be difficult to better their refusal stats target. I wouldn't worry about the invoices you have being hand written you'll be fine as long as the work is genuine and effective and income level is reasonable. If your application is similar to mine just be sure to make sure you've covered all areas and be clear with your cover letter and list all the documents you provide in year order and make copies of everything including application(if using one) personally I recommend using the old 8-10 page forms (that's what I used).
Hope that helps, I'm sure you'll be fine
