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Retention of Rights Application but not working
Posted: Fri May 05, 2017 12:48 pm
by naija99
Good afternoon forum
Please could someone advise for a friend who applied RoR after divorce. He met all the requirements and was working also but unfortunately did not submit proof that ex wife was working at date of divorce. His application was refused by the Home Office and he was asked to leave work.
Now his ex-wife has provided him with proof she was working at date of divorce but he is no longer working which is a requirement of RoR.
Is there any way around this?
Re: Retention of Rights Application but not working
Posted: Fri May 05, 2017 12:55 pm
by naija99
If he were self sufficient - how long would he have had to have held the funds for and would he need CSI?
Re: Retention of Rights Application but not working
Posted: Fri May 05, 2017 3:36 pm
by Obie
Did your friend not file an appeal?
Re: Retention of Rights Application but not working
Posted: Fri May 05, 2017 3:59 pm
by naija99
No obie
Because it takes between 12-18 months he couldn't wait that long
Re: Retention of Rights Application but not working
Posted: Fri May 05, 2017 4:14 pm
by Obie
naija99 wrote:No obie
Because it takes between 12-18 months he couldn't wait that long
He could have done a quicker paper appeal, which takes considerably much lesser time.
It is not sensible not to appeal, my experience is that Home office at times invoke new basis when the person had resolved the previous basis of refusal.
Re: Retention of Rights Application but not working
Posted: Fri May 05, 2017 4:17 pm
by naija99
Oh dear, Well aside from appealing out of time, is there anything else he could do obie?
Re: Retention of Rights Application but not working
Posted: Fri May 05, 2017 4:21 pm
by Obie
He may have been entitled to continue to work if he had put in an appeal. He cannot retain a right if he is not working.
Re: Retention of Rights Application but not working
Posted: Fri May 05, 2017 4:26 pm
by naija99
Would you advise to appeal out of time in this case obie?
Re: Retention of Rights Application but not working
Posted: Fri May 05, 2017 4:30 pm
by Obie
How much out of time. Appealing out of time will not reinstate COA. It is unclear how out of time the person is.
Re: Retention of Rights Application but not working
Posted: Fri May 05, 2017 4:40 pm
by naija99
end of jan was the refusal
he's been in ill health since
Re: Retention of Rights Application but not working
Posted: Fri May 05, 2017 5:51 pm
by Obie
I think that is very much out of time.
It is difficult to see how permission could be granted in this circumstances.
He could try and make a new application.
Re: Retention of Rights Application but not working
Posted: Sat May 06, 2017 10:49 pm
by naija99
Thank you obie
He has now clarified that when he made his RoR application he did not have his exactly spouse evidence of exercising treaty rights for the last five years so the COA stated that they could not verify his right to work.or continue to work whilst your application is being considered so it was on this basis that he was asked by his employer to stop work.
Now he needs to submit a fresh application as an appeal will not avail him and like you say obie he is well out of time. Therefore could he go down the self sufficiency route and apply for csi?
Re: Retention of Rights Application but not working
Posted: Sat May 06, 2017 11:16 pm
by Obie
It all depends on his circumstances and whether he has sufficient resources. He should challenge the Home office for loss of his employment.