NON EEA PR REFUSED HELP NEEDED

[007RAHEEL]

Nothing from my ex. I and you are no longer dependant on our ex-spouse for documents/immigration status.

I don't have contact with my ex for 5-6 years. Everything I sent was on my own merit/on my name.

When you're elgibale for naturalisation and what documents you need for it.

I send reconsideration letter today giving them 14 days to reply otherwise I will go for Jr let's wait and see what will happened God knows how long my journey will be.

[Jbkhan32]

Nothing from my ex. I and you are no longer dependant on our ex-spouse for documents/immigration status.

I don't have contact with my ex for 5-6 years. Everything I sent was on my own merit/on my name.

When you're elgibale for naturalisation and what documents you need for it.

I send reconsideration letter today giving them 14 days to reply otherwise I will go for Jr let's wait and see what will happened God knows how long my journey will be.

Any update?

[Uk2715]

Hi All applied for NON eea Pr after retain of right
Posted14/02/2017
Decided 2/08/2017
Receive refusal:5/08/2017
Reason of refusal is: Didn't supply my ex wife identity.

When I call on helpline they didn't advise me of this Plus I'm divorced how can I proved my ex identity and I already have ROR anyone can help and advise me on this pls what shall I do as I don't have right of appeal and I still have Ror remaining.

I am exactly in the same shoes right now. I received the shock last night. Pls any help pls share with us. I dont know why they need us to supply the ID. When i retained my right in 2015 i did not supply the id. Its strange.

[jay.ho]

Guys have you explain if your application that your divorce and you can't provide you ex id and also when you apply for FM previously you ex id was seen by HO

[Uk2715]

Guys have you explain if your application that your divorce and you can't provide you ex id and also when you apply for FM previously you ex id was seen by HO

When I applied for my ROR in 2014 I did not put my ex I'd and the application was successful within 5 months. I explained that I have divorced and divorce decree absolute included both then and now. So I still don't know why the should ask for that when they did not ask previously.

[Wise]

I think if truely what Obei moderator has pointed out about the use of new measure to be asking people with Retained Right of Residence to provide their ex ID in which up till July 2017 they did not ask people to provide it and issue them with PR why now!

I THINK THE HO HAS LOST IT OR THE CASEWORKER THEMSELVES DO AS THIS IS AN ACT OF BECOMING EVIL TOWARDS PEOPLE.

My opinion will be people affected to appeal through a reputable solicitor and not by themselves. The HO need to proof if this a new EU directives from Brussels and mandatory for all family member to be looking for their ex ID.
People need to stand for their right either by arranging a strong legal person as group or any moderator with wisdom and knowledge in this area can help regarding this it will be awesome because i believed many people will be affected by this stupid measure just to distrupt people lives over Brexit that will fail.

[Obie]

Applications made from 1st February 2017 are affected by these changes .Therefore it is decisions coming out now, that it will be reflected upon. There are transitional provisions for applications made before 01-02-2017. They are not applying it to everyone as far as i have seen so far. I saw 3 decisions last week but it was not applied to one, but two other nationals from the same nationality were caught up by it. Seems funny, as all of them were made round about the same time. All of them did not provide the EEA national's passport, one succeed and 2 did not. It will be beneath me to draw up any pre-mature conclusions, but i am still observing. If there is a repeat, i will be deeply concerned.

[Uk2715]

Applications made from 1st February 2017 are affected by these changes .Therefore it is decisions coming out now, that it will be reflected upon. There are transitional provisions for applications made before 01-02-2017. They are not applying it to everyone as far as i have seen so far. I saw 3 decisions last week but it was not applied to one, but two other nationals from the same nationality were caught up by it. Seems funny, as all of them were made round about the same time. All of them did not provide the EEA national's passport, one succeed and 2 did not. It will be beneath me to draw up any pre-mature conclusions, but i am still observing. If there is a repeat, i will be deeply concerned.

From your post it seems they are profiling or just coincidence. If that is the case its not a law. Again i tried contacting my caseworker throw the email format someone put up here but the mail returned back. Do you know any other way to contact him?

[fatimahh]

The things that really disappoint me with this system is the discrimination and lack of consideration towards non EEA,. When they do not mind sending a letter to EEA national to request further documents or explanation as to why they did not provide a particular document, they will just refuse non EEA a right to stay without even a phone call or a letter to point out that they need more proof. The way non EEA are treated in this country is just appaling ..
They seem to have now decided to get rid of non EEA with ROR, because i still cannot comprehend that you are asked to provide id of someone you are no longer related to.pffffff

[007RAHEEL]

HELLO EVERYONE JUST TO UPDAYE YOU GUYS

sent reconsideration letter to Case worker after refusal no replay at all, waited 2 weeks

PRE ACTION PROTOCAL SENT ON 14 AUGUST RECIVED REPLY ON 19 August 2017 saying Home office agreed to reconsider my case and it will take 3 months,

NOW PROBLEM IS IF I DO WAIT 3 MONTHS I WONT BE ABLE TO FILE JR SO THINKING TO GIVE THEM 2 MONTHS
ANY SUGGESTIONS PLEASE.

I was reading few cases not similar to mine after reconsideration HOME OFFICE still refuse for same reason so I don't want to be in limbo situation as you cant file JR AFTER 90 DAYS.

[007RAHEEL]

[quote="Uk2715"][

When you received your decision and what measures you have taken so far.

[007RAHEEL]

The things that really disappoint me with this system is the discrimination and lack of consideration towards non EEA,. When they do not mind sending a letter to EEA national to request further documents or explanation as to why they did not provide a particular document, they will just refuse non EEA a right to stay without even a phone call or a letter to point out that they need more proof. The way non EEA are treated in this country is just appaling ..
They seem to have now decided to get rid of non EEA with ROR, because i still cannot comprehend that you are asked to provide id of someone you are no longer related to.pffffff

I read all the regulation It doesn't say anywhere you have to provide id of your (x)I believe its a new tactic to delay or reject the non eea pr applications but I wont give up and will go till end.

[Uk2715]

[

When you received your decision and what measures you have taken so far.

I have not taken any measure cos It was just on Friday that I received the rejection.
Please how did you contact them for reconsideration and what is JR?

[Jbkhan32]

Both of you Raheal007 and uk2715 send a email to PM house and draw the attantion of PM office in this matter.here is the link how to contact PM office

https://email.number10.gov.uk/contact.aspx

[007RAHEEL]

[

When you received your decision and what measures you have taken so far.

I have not taken any measure cos It was just on Friday that I received the rejection.
Please how did you contact them for reconsideration and what is JR?

Okay you need to see a solicitor then.
If you write them for reconsideration they hardly reply.
You have only 90 days to go for judicial review. First step is write them a pre action protocol letter they are bound to reply in 14 days in some cases they don't reply.

[007RAHEEL]

Both of you Raheal007 and uk2715 send a email to PM house and draw the attantion of PM office in this matter.here is the link how to contact PM office

https://email.number10.gov.uk/contact.aspx

Will this will be helpful ?

[Uk2715]

[

When you received your decision and what measures you have taken so far.

I have not taken any measure cos It was just on Friday that I received the rejection.
Please how did you contact them for reconsideration and what is JR?

Okay you need to see a solicitor then.
If you write them for reconsideration they hardly reply.
You have only 90 days to go for judicial review. First step is write them a pre action protocol letter they are bound to reply in 14 days in some cases they don't reply.

Ok boss. thanks for your input pls what is the email address for the pre action protocol?

[007RAHEEL]

Here is the link I suggest you to seek legal advice as you have to challenge the refusal you need to be fully aware of the law.
And it's a complex matter.

https://www.gov.uk/government/publicati ... ial-review

[Uk2715]

Again I have some more yrs left on my ROR, is it still valid, can I use it to travel? am just a bit confused right now.

[007RAHEEL]

No effect to Ror but I advise you to go for Jr then travel..

[007RAHEEL]

22. Regulation 18 is, accordingly, the provision which deals with the documentation of the permanent right of residence under regulation 15. As can be seen, regulation 18 contains no reference to any requirement to produce “a valid passport” or “a valid national identity card”; nor does anything in Chapter IV of the Citizens Directive, which makes provision for the right of permanent residence.

23. In the case of the respondents, it is clear from the reasons for refusal letter and the respondents’ bundle that they made application under form EEA 4 for “Permanent Residence”. It was, therefore, necessary for the Secretary of State to determine their applications by reference to regulation 18. However, as is plain from the last quoted paragraph of the refusal letter (paragraph 4 above), the Secretary of State wrongly determined the applications by reference to regulation 17(1)(a).
The general conclusions that emerge may be stated as follows. (1) In applications under the 2006 Regulations, care must be taken to identify both the relevant rights being asserted and the relevant documentary confirmation which is being sought in respect of those rights. (2) The requirement in regulation 17(1)(a) and (2)(a) for the production of a valid passport relates to the passport of the applicant, not the EEA national. (3) The “proof” that the Secretary of State can lawfully require in applications under regulations 17 and 18 in order to entitle a non EEA national to a residence card (regulation 17) or a permanent residence card (regulation 18) may, nevertheless, depending on the circumstances, entail the production of the passport or other identity document of an EEA national; but it is unlawful to refuse applications merely because such documentation is not forthcoming. The Secretary of State needs to show a valid reason why it is required. (4) This is particularly so in the case of regulation 18, given that there is likely to be relevant material relating to such documentation on file from a previous, successful application.
Error of Law, setting aside and re-making the decision

[007RAHEEL]

I can't reply to post help needed.

[007RAHEEL]

Help and advice needed Home office ask me they are willing to reconsider my case in 3 month time pls advice shall I give them 3month keeping in mind I have issue jr in 3 months I don't know what to do any suggestion or guidance will be helping and highly appreciated.

[jay.ho]

It's depend but My advice is go for reconciliation .
I know you can't make a jr after 90 days but you can reapply ...

Good luck

[007RAHEEL]

What happened with your application any update ?