I have submitted an application for Indefinite Leave to Remain (based on 10 years been legally in the UK) on [data withheld] by using “premium” the same day service. But my application was put on hold as I was requested to bring additional documents and was given 14 days deadline. The documents that they asked me for are •Evidence that my wife is exercising her treaty rights. I told them that she is a student, so they tasked me to bring the university end of year report and attendance record. • Evidence of us living together since marriage (16th March 2012) from 5 different sources. I managed to provide the paperwork for this part as I had some extra documents on me at that time. I kept all the utility letters that I received when we resided with my wife together and some letters still bear her name even though she moved out from me in February 2015, but we still have not divorced officially. The history of my status in the UK is below: 1, 5 years – student (data withheld) 5 years – HSMP visa (data withheld) I could not apply for an indefinite leave to remain after HSMP visa as I had driving convictions, which are now become spent. 5 years – (data withheld) spouse of EEA national
The problem I am experiencing now is that my wife refuses to give me any documents, stating that we are no longer together since last year, but I told home office that we still live together. She is currently studying [data witheld]and works [data withheld]. Home Office said that my wife needs to exercise treaty rights for me to be qualified for the period of time I was on EEA visa. According to ILR application based on 10 legal years in the UK, they are asking for the documents from my wife in the past when I received a family visa and not the present. I gave them three different contracts and payslips for the period of 2012 to 2014, but they are asking for the current documents where can be proved that my wife is currently exercising her treaty rights. Are there any solutions to this situation?
How we helped
We were instructed to act for this client on the matter. This matter has been dealt with privately by our immigration lawyers.