How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Immigration Law Question Here...
UKSolicitorJA is online now

This is sent on behalf of my friend. I am a Peruvian national,

Customer Question

This is sent on behalf of my friend.

I am a Peruvian national, married to a European citizen in 2008.
Applied for permanent permission to stay but was refused and asked to leave in 2013, the reason given was that paper work needed for the application was missing; these were my husband’s P60's, wage slips, bank statements and a letter from his employer.
The decision was appealed on the grounds that all the paper work was available, it was just a mistake that they weren’t sent with the application.
All the paper work has been sent to the tribunal ahead of the appeal which is taking place on June 26th.
Unfortunately I have since split with my husband, and although he says he will still come to the appeal with me I am worried that he may change his mind.
As such I have some questions

Can I work and pay tax at the moment?
Does my husband have to come with me to the hearing?
How long after the appeal date until I can travel? (I have the opportunity to go on holiday on the 12th July)
What do I need to take with me to the hearing?
I have never received written confirmation of the hearing date by post despite numerous calls, is this something to be worried about?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Yes, you may work and pay tax

No, he he does not need to if he doesn't want to

You should wait until the appeal decision is issued before you travel as you could be refused entry back to the UK if you do not have a valid Residence Card

Proof that you are working, paying taxes, married to your husband, proof that he is also exercising treaty rights here in the UK e.g working, studying, self sufficient

Not to worry but you may ask for confirmation in writing of the date.

Even if you divorce from your husband, which you have not as yet, as you have only split up, you will have retained the right of residence in the UK if you were married for at least 3 years and lived in the UK for more than. Year.

Hope this helps
Customer: replied 3 years ago.

Sorry,


Can you tell me what you believe the outcome will be, considering i have sent all the paper work that the refusal was based on to the tribunal by post now.


And how long would it normaly be if the outcome is positive before i could safely travel?


 


Thanks

Expert:  UKSolicitorJA replied 3 years ago.
I believe the outcome should be in your favour.

As for timings, I am afraid I cannot tell, could be a few weeks or a few months.

All the best
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi,


 


Thanks so much for your help.


I have spoken to her and, we were wondering if you or someone you could recomend would be able to attend the hearing with her please?


 


Thanks

Expert:  UKSolicitorJA replied 3 years ago.
I would be grateful if you could please leave a rating for the answers given
Customer: replied 3 years ago.


Sorry i forgot to respond before.


Can you tell me please if you or someone you can recomend would please be able to attend the hearing with her?


 


Thanks

Expert:  UKSolicitorJA replied 3 years ago.
Unfortunately we are not permitted to represent or act for clients by the rules of this site.

However, you may search for a good immigration lawyer, and there are plenty. You may use an online search engine or the Law Society to find one.

All the best