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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My application for residence card has been refused on the ground

Resolved Question:

My application for residence card has been refused on the ground that the company of my partner has been liquidated. My partner has a different job now. Do I have to appeal the decision or can I make another application?
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.

Could you confirm when your partner's business was liquidated?
Did you apply for a residence card from with in the UK?
What visa did you have at the time of application?
Have the home office kept your passport?
What nationality are you and your partner?
How long as it been since the date of refusal?

Kind regards
Customer: replied 3 years ago.

I submitted my application on 24 May while my partner was made redundant on 9th May. I am on my PSW VISA which is expiring in few days (14th July). They have returned all my documents including passport. I have received the refusal letter today but letter id dated on 1st July. Now my wife has a different job. She is German and I am Indian. We are married now for 3 months and together for more than 2 and half years. We are living together for more 2 years.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

How long has she been in her new employment?
Does she have any payslips?

Kind regards
Customer: replied 3 years ago.

She started on July 1. She doesn't have any payslip yet but employment contract.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. I think the home office were correct in refusing your visa application as at the time of application your wife was not exercising treaty rights ( working) therefore you were unable to submit an application on this basis.

2. Your best option would now be to submit an application before your visa expires, therefore you should submit all the documents in respect of your wife's employment that you have in your possession, then after the home office has acknowledged receipt of your application, you should have had a payslip by then, you can then send the payslip along with a bank statement showing that she has been paid her salary to her account confirming that she is now employed and working. You can send these additional documents after sending the application.

Then once she has a send payslip then you can send this again to the home office until your visa application is decided. What is important at this moment in time is that you submit your application before the expiry of your visa.

I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

Thanks for your advice. Do I have to mention refusal?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Yes you should mentioned the refusal, this would be beneficial , it will not effect your application negatively if you mention the refusal.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
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