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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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hi, I have being living in uk for 10 years. and was applying

Resolved Question:

hi,
I have being living in uk for 10 years. and was applying for indefinite as i have completed my 10 yrs, but there is a gap of 88 days. which my solicitors didnt submitted on time in 2008, I did got my resident card visa for 5yrs ,I submitted all my doc on time to him. I did met him last week but he said he did submitted on time,but home office issued letter was after 88 days gap.I could have applied for indefinite on my wife base but she left me a year ago with no sign of touch. she was not working at all. and my case is in appeal because as per EU right to work. she left me in a critical situation. please help me and give me advice what shall i do. can i apply for 10 yrs long residence or wait for the hearing. I m working and pay my tax since i have come to uk. no crime record or any such thing.
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Could you please explain more on the 88 days gap?
Does the solicitor have evidence her submitted the application in time?
What application is being appealed? EEA or 10 year long residency?
Kind regards
Customer: replied 2 years ago.

hi,

Thank you for reply

No solicitor doesnt have evidence as he destroyed saying it was 6 year old case.My student visa expired on 31 march 2008. i got married on 30 march 2008. submitted all my doc to solicitor on 1 april 2008 for resident card , but home office recd the doc on 28 june 2008 sya that as per the solicitor letter dated 9th may. I dont know what the solicitor had done. my resident card visa expire on 4th april 2014. so my new solicitor applied on EEA base but it got refused say that my wife didnt submitted evidence as she was working. so I appeal . my appeal is on EEA . I completed my 10 years on 30 oct 2014. My new solicitor who is dealing with my appeal case said I can apply for 10 yrs and withdraw appeal. but this 88 days gap came inbetween which i didnt knew.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Judging by what the letter from the home office states, I believe that your solicitor did not send the application until 9th May 2008, therefore you have exceeding your 28 day limit on a 10 year application.
The home office allows a person to submit an application to the home office within 28 days of their visa expiring only once in the 10 year residency, but in your case you have exceeded this 60 days. Which therefore means that your 10 year long residency was broken by your solicitor not submitting the application in time. In my view and on the basis that your application was submitted 88 days after the expiry of your visa, your 10 year application will be refused.
In regards ***** ***** EEA application/appeal, if your partner had left you a year ago then it does seem perplexing why you did not submit any application as soon as she had left, if you waited until now to submit an application then again the home office could state that due to the fact that your wife left you a year ago and you did not submit an application at that time, your visa will be deemed to be cancelled at the time your wife left you and either you should have applied for retained rights of residence ie you have been married to your wife for 3 years and have been living with her in the UK or you should have applied for another visa at the time. If you did not do either then it would be very difficult to succeed in your EEA appeal.
You seem to be in a difficult situation and i would recommend that you take a second opinion with another solicitor on your current circumstances.
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
Expert:  UK_Lawyer replied 2 years ago.
Is there anything else I can assist you with? If not, please provide a rating so I can get credited for my time.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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