Long Residence (10 years) Help Please

[hajerakb1]

Hi All,

Please advise. Hubby applied for 10 year LR and was refused on the ground Home Office claimed he did not provide enough evidence of his ex-wife's (irish citizen) employment history for 1 year. Although his solicitor made it clear of the location she was employed and has been since my husband split with her.

The solicitor repeatedly wrote to Home Office to review the case and to check HMRC record under the S40 UK Borders Act 2007, but he got no response.

The other problem we are facing at the moment is every time he travels upon re-entering country he is stopped for hours whilst the Border Agency look through the record. According to their record what shows is the refusal letter of his 10 yr LR application. After searching they let him becasue he has leave to remain residency till october 2017.

Many thanks for reading.

Shelly

[CR001]

What 'leave to remain' does he currently have?

It is the applicant's (hubby) responsibility to provide ALL documents for long residence ILR, this includes the documents of the ex wife proving she was exercising treaty rights if hubby was relying on included time spent as EEA FM, ie P60's, payslips, bank statements etc. Stating the location unfortunately is not enough. It is not HO's responsibility to run around digging up information.

[hajerakb1]

Hi Croo1,

Many thanks for the reply and calrifying the matter.

Undder the S40 S40 UK Borders Act 2007 can a lawyer/solicitor access the record of employment of a person or not?

Thanks

[noajthan]

If applicant fails to extract docs from estranged spouse HO should act as per the 2007 act. Not the lawyer.

HO/UKVI can be pressed, under Section 40 of UK Borders Act, 2007, to check for and obtain relevant & necessary evidence related to your (ex-)spouse.

If UK Border Agency is directed by an Immigration Judge to contact another government department to obtain evidence on the exercise of Treaty rights, the Agency will comply with this in all cases.

In such circumstances, however, UKBA [now UKVI] would hope and expect that the Tribunal would not make directions where the applicant has not even attempted to obtain this information themselves.

[CR001]

A solicitor can only do certain things on a persons behalf if the person has signed a letter of authority. If the ex spouse has not given permission for anything, then your husband has no case.

Trying to access a persons information without their authority and consent breaches the data protection act.