Retained rights residency for and ex EU partner

[imrancheema]

Hi there,


My name is imran I'm a Pakistani national and been living in UK from 17th Nov 2009. I married a polish national in Oct 2011 and got my spouse visa in May 2012. Me and my ex-wife were together till may 2015 when I filled divorce and moved out. Absolute decree was issued in Nov 2015. And in Dec I applied for my retained right residency through xxxxxxxx in mordan. My application was refused in June 2016 for the lack of the evidence in terms of regulation 10(5) and 10(6),

Because my solicitor didn't include any of my documents to prove if I was using my treaty right since after the divorce and neither did he included the proof of my exwifes documents for the date of divorce as he said we only had to provide documentary evidence for three years of marriage.(lack of knowledge of my solicitor and I trusted him)

At that point my solicitor said to me that home office is not following the law by asking about my exwifes documents to prove her being a qualified person as the time of divorce. Well since home office asked for the period of the time of divorce so I contacted my ex-wife and asked for her help, luckily she agreed to help and asked what I needed as per my solicitors advice she provided me with her tax returns for the year 2015to2016. I could've added bank statements which solicitor said we didn't need them. For my regulation 10(6) I provided my solicitor with my tax returns bank statements and uber statements as I was driving with uber at the time. Three months after the 2nd application to home office didn't hear from UKVI. Wrote a letter before action which they replied in a week and that they were reconsidering the application hence no fees was deducted or any acknowledgment letters were issued for the application and 2 week later received another refusal with same reasons. 

Solicitor advised to go to the court for appeal which took 18 months and lost the case on 10(5) bases as again only sent sa302 for the 2015 to 2016 with no back statements as he was in denial of the date of divorce law and he said the same thing to the judge who seemed quite pissed at him because what she said to him about asking for an interpreter for me which I didn't have a clue and the way she told him don't do that ever again and waste courts money. That being said I had given him all bank statements from 2011 to 2017. My ex-wife is still in my contact and we're In good terms and she is willing to help if I need it. But I don't know where I stand and hoping that someone out there could help me.

Little bit about my exwifes work, she was registered self employed in aug 2011 as a cleaner and been working here and there and been submitting her tax returns every year.
My email address
email address removed by modarator
Contact number
Mobile telephone number removed by moderator
Please contact me ASAP via email or phone (phone is preferred because of junk mail, if anyone can help
Please. Many thanks for reading

[CR001]

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And in Dec I applied for my retained right residency through xxxxxxxx in mordan. My application was refused in June 2016 for the lack of the evidence in terms of regulation 10(5) and 10(6),

My email address
email address removed by modarator
Contact number
Mobile telephone number removed by moderator
Please contact me ASAP via email or phone (phone is preferred because of junk mail, if anyone can help

I strongly suggest you read the forum rules, as you were required to do when registering as a member. You have exposed your personal contact details to the many scammers and spammers we have who lurk on the forum.

Also, kindly desist from posting the names of solicitors on the forum, this is not permitted.

[imrancheema]

I'm really sorry my mind is allowed the place and I missed the rules. I will be discreet from now on. Many thanks

[Obie]

One can only hope that this solicitor has been sacked,he clearly does not know much.

[imrancheema]

I wish but only employee can be sacked not the ones running their own firms I'm afraid and I wish he doesn't do this to anyone else what he's done to me.

[Obie]

Yes I appreciate that solicitor are self employed and not employed. Some are actually employed by firms. You cannot fire them as in the normal sense of an employee, but you can discontinue their representations as this person clearly does not know what he is doing, or is deliberately exploiting you.