retained rights of residence refusal need help Please!

[na2266]

i am going to court now i need some suggestion,
objecction from HO is :
You claim that your former EEA Spouse was a self employed cleaner and have provided HMRC self assessment statements in support of this. The statements are dated December 2012, June and September 2014 and each statement shows an accruing amount overdue suggestion that your former spouse did not actually pay them to owed. You have provided no other evidence of her claimed self employment and therefore this department doesn’t accept that she was self employed at the time of divorce. You also state that Ex-Wife held shares in your company however she was resigned as a director of the company on Companies house on 12/03/2015 and therefore before divorce proceedings began. you state on your application form that you do not know when or if your former spouse stopped trading as a self employed cleaner or even if she was still in the UK at the time of your divorce. You have failed to evidence that the EEA national was a qualified person and that you were therefore were residing in accordance with the regulation at the point of divorce as defined in regulation 10(5).

My answer is :

1- Last five years tax penalties paid approximately £xxxx and submit tax return which show in my bank account.
2- 2013 to 2014 Tax Return record minimum hours
3- 2014 to 2015 Tax Return record minimum hours
4- 2015 to 2016 Tax Return record minimum hours

I am working as self employed and doing business also and paid lot of taxes, there is, i have a chance to win my case.

waiting for your reply

thanks

[secret.simon]

EU law is all about the EU citizen's right to move around the EU. For RoR, you need to prove that your EU spouse was resident in the UK and was either already having PR or was a qualified person on the date of the decree absolute.

Do you have proof (and if so, what is the proof) that your EU spouse was a qualified person resident in the UK on the date of your decree absolute?

[Obie]

i am going to court now i need some suggestion,
objecction from HO is :
You claim that your former EEA Spouse was a self employed cleaner and have provided HMRC self assessment statements in support of this. The statements are dated December 2012, June and September 2014 and each statement shows an accruing amount overdue suggestion that your former spouse did not actually pay them to owed. You have provided no other evidence of her claimed self employment and therefore this department doesn’t accept that she was self employed at the time of divorce. You also state that Ex-Wife held shares in your company however she was resigned as a director of the company on Companies house on 12/03/2015 and therefore before divorce proceedings began. you state on your application form that you do not know when or if your former spouse stopped trading as a self employed cleaner or even if she was still in the UK at the time of your divorce. You have failed to evidence that the EEA national was a qualified person and that you were therefore were residing in accordance with the regulation at the point of divorce as defined in regulation 10(5).

My answer is :

1- Last five years tax penalties paid approximately £xxxx and submit tax return which show in my bank account.
2- 2013 to 2014 Tax Return record minimum hours
3- 2014 to 2015 Tax Return record minimum hours
4- 2015 to 2016 Tax Return record minimum hours

I am working as self employed and doing business also and paid lot of taxes, there is, i have a chance to win my case.

waiting for your reply

thanks

Your employment or self employment is relevant, but only in regards to Regulation 10(5)(c) /10(6).

You are first required to show that you cease from being a family member of a qualified person upon termination of your marriage to the QUalified person or EEA national with a right of permanent residence.

Perhaps you ought to have sought advice before proceeding with the application.

[na2266]

hi

thanks for reply

when i got five years residence permit, i am working full time till now i have all prove of my employments and salaries details, plus i am doing extablish small business with my limited company, i have all records as self employed and company account also, i got decree absolute, my ex-wife submited her tax return 2011 to 2016 as a self employed.

financially, i am strong and i did not rely on benefits ever not even during my relationship because of some times i was working 72 to 84 hours per weeks.

HO have no issue with our relationship because we have been together last 7 years and we submits all relevent documents which is shown we were lived together. there is no problem.
yes, i got her last three years tax return now because these documents were not available when i submitted my application and there is HO objection or question about my ex-wife exercising treaty right in to uk which is last 3 years SA302 shown she is registered as self employed into UK.

only worried about her tax less £10,000, by law there is no NI or tax less then £11,500.

it will be against or not ? or i am fully independ now and paid lot of tax.
i apply ROR after 5 years even i could apply after 3 years.

[Obie]

There should be another worries. Home office said, your wife resigned as a director in 2015, how do you explain that?

There is a serious credibility issue here, and if the judge takes the view that there was no genuine self employment that all these were done after divorce to further your application, then your appeal will be dismissed.

[na2266]

yes, my ex-wife was resigned as a company secretry and company shareholder in 2015, and we paid tax and get dividends into company profit, all documents was submits into HO also, Company account nice and clean. i am main shareholder and company director right now and submitted all account with bank statement and tax documents

[Obie]

The Home Office said because she resigned then, she was therefore not exercising treaty rights at time of divorce. Do you appreciate that?

[na2266]

Yes,

My decree absolute was issued on 8th January 2016.

We were spreated and then she resigned as shareholder and secretary of company but she was doing as self employed which she was doing before and she submitted tax returns during 2015 and 2016.

And these documents are not submitted during my application but these documents are available and we will show into the court.

She was registered as a self employed last 7 years and she was exercising treaty rights into uk and I was doing full time and running my business also.

[Obie]

Ok, try and take it easy, as you mentioned in this post that you have not been in contact with her, and her working in your company.

eea-route-applications/eea-4-t135804.html

Don't want to create an impression that this was all doctored for the Retention.