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Ask Howard Your Own Question

Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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I have been refused my application for perm residancy, I am

Customer Question

I have been refused my application for perm residancy, I am a South African citizen, married for 6 years now to italian citizen. My husband has lived and worked here 20 years. They refused us based on lack of evidence that my husband has worked here for 5 years. I first applietd for ILR, in error, they stole my money and took 5 months to tell me, then I applied for perm residancy and was refused after I contacted my local MP after they took over 6 months with my application. I am apealing the desicion, have a date for a hearing in October and don't know what to do next. We have a letter from tax office proving my husbands been employed and paying tax and also just recieved 5 years of bank statements.
I know by law I can work, I can travel as long as I can prove my marrige and that my husband works. But in practice my life is a nightmare. We have been refused our mortgage, because of this.
What do I do next for the apeal, we cannot afford legal representation?
Many thanks
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Howard replied 3 years ago.
You need to make sure that you have plenty of evidence that your husband has worked in the UK for the 5-year period (P60/P45s, employer letters, payslips - if self-employed then a summary can be obtained from HMRC or income declared for tax) and that the marriage subsists (still living together as husband and wife). If you can prove in the appeal that you meet the requirements then you might be approved. The appeal is, however, intended to determine if the caseworker made the correct decision based on the evidence supplied at the time. The alternative would be to simply submit a new application but do it correctly with all required evidence.
Customer: replied 3 years ago.

Thank you for your reply.

So this still may be a long process for me. In the mean time, if I travel with all the paper work, and proof of my husbands work, our marrige, ect, can they arrest me or detain me in an immigration prison?


Would it help to have a letter from a solicitor stateing my right of work and that I do not need to be removed from the country, that I have the right to live in this country? Every door is being shut in my face, even though by law I've done nothing wrong.


Many Thanks


Expert:  Howard replied 3 years ago.

No, they should not put you in prison or detain you. As a general rule we try to avoid doing that to people without good reason in the UK. You have the right to enter the UK as the partner of an EEA citizen exercising his treaty rights. If you travel with your marriage certificate, a couple of bills to show you are both currently living together and evidence of your husbands current employment then you should still be allowed to enter the UK. Border control are very well aware of the freedom of movement laws as they relate to partners - you simply need to make sure that you can prove the two key requirements - that the EEA national is working and that your marriage subsists.


I think you should look at things more positively. You have thus far applied for the wrong type of visa and applied without sufficient evidence - neither of these situations are the fault of the authorities BUT the law is not stopping you from being in the UK. If you were married to a British Citizen then you would have a far more serious situation at greater cost.


All you need to do is make a new application (this would be my preferred option) or pursue the appeal. Either course of action will require you to provide the evidence of employment during the qualifying period that should have been supplied in the first place. There are no fees for EEA applications so at least it is not costing you money to apply again. When you give the authorities what they need to make the decision then they will make the decision that you want - without the required evidence they cannot give you the decision that you want.

Expert:  Howard replied 3 years ago.
I note you have viewed the answer that I provided. Please make sure that you rate the service that I provided - this not only helps me but also helps other customers buy letting them know the level of service that they can expect to receive.
Expert:  Howard replied 3 years ago.
I note that you have viewed the answer provided. Please make sure that you rate the service received - this not only helps me but also helps other users by letting them know what level of service they can expect to receive.

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