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ILR refused and right tin appeal

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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john232
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Posts: 28
Joined: Wed Jun 24, 2015 9:19 pm

ILR refused and right tin appeal

Post by john232 » Tue Feb 14, 2017 12:05 pm

Hi guys,

Looks like my life is an ongoing battle, I have just received a refusal for my ILR based on the fact I did not provide enough evidence of my ex spouse exercising her treaty rights during the 3 years marriage period.
I had applied for a retained rights of residence in Nov 2014 which was granted around October 2015 where I had sent through documents I had to hand of my ex wife exercising her treaty rights, being a director of her own company and the evidence of her company accounts from the company house.
I have sent through the same documents again with my ILR application along with my payslips for the last 5 years as well, but to my surprise my application was refused based on the fact the company house accounts are not sufficient evidence!

I now have the right to appeal within 14 days and would need your help please

1- should I send a new application instead? I don't have more evidence as I am not in contact with my ex wife anymore
2- shall I appeal the decision and how long will I have to wait for a court case?
3- could you refer me to a good law firm in London as I had 2 bad experiences already with solicitors that made my life a living hell!
Thanks,
John

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: ILR refused and right tin appeal

Post by Obie » Tue Feb 14, 2017 2:01 pm

Did you apply for ILR under long residence or Permanent Residence under EEA Law.

From your post here, it seems you may have encountered difficulties even without the lack of treaty rights if you have gone for the Long Residence, as you appeared to have overstayed during the period you were waiting for your your COA, so in the 10 years leading to 2017, you had overstayed beyond 28 days during that period.
Smooth seas do not make skilful sailors

john232
Newly Registered
Posts: 28
Joined: Wed Jun 24, 2015 9:19 pm

Re: ILR refused and right tin appeal

Post by john232 » Tue Feb 14, 2017 3:46 pm

Hi Obie,

sorry I didn't realise I have posted this under ILR and I made a new post under EEA PR which is the application I filed and got refused

http://www.immigrationboards.com/eea-ro ... 25393.html

I haven't applied for a 10 years residence as I knew this will cause more issues when I had overstayed, although I could challenge this through the fact that the COA at the time was illegal and abolished at a later stage as without the need for the COA to get the approval to get married I wouldn't have overstayed.

nevertheless, please feel free to give me any advice on the other post under EEA PR, I am in much need for a good advice now :)

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