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Hello everyone. I just got a call from my solicitor. My Previous application was refused on the grounds that I didn't provide evidence of ID from my ex wife, and also the application was made too early.
The background is, I was married in March 2012, and separated on divorced in April 16. RC valid until August 16. My solicitor decided to send my PR application on February 16, although I knew it was too early I thought she knew better and let her handle it.
Now, she said I have no right to appeal but I can make a fresh application. What do you think is the best action to take, I absolutely cannot get any ID from my ex wife, she will not cooperate.
Thanks in advance.

Check this forum same issue with others.

eea-route-applications/non-eea-pr-refus ... 6-140.html

You said you apply early .. just want to know how early you apply for PR..

When your eligible for Pr?

Also did you provide you ex id photocopy ...

jay.ho wrote: ↑

Fri Sep 22, 2017 4:26 pm

You said you apply early .. just want to know how early you apply for PR..

When your eligible for Pr?

Also did you provide you ex id photocopy ...

My RC was valid until August 17, the solicitor applied on February, I don't know what my solicitor means by too early.
I think it's because she sent the application before the divorce was finalised, which happened in April this year.
I strongly believe my solicitor is at fault, I trusted she knew what she was doing. I am meeting her on Wednesday to discuss.
I didn't have any ID from my ex wife, all I had was a copy of her driving licence which by chance I found on a old computer we shared.

Your Solicitor was right if she calculated your 5yrs residency from your marriage date which is March 2012 and not by your Resident card issued date. The person that issued that letter is not in his/her mind.

ANYWAY WELCOME ON BOARD. THAT'S THE NEW TASK GIVEN BY THE HO UNTIL IS CHALLENGE IN COURT.

Sorry .... it's totally complicated in your first post you said 2016 now you said 2017

Can you expline please

When you married
When you apply for divorce
You apply for ROR?
When you apply for PR
When you refuse
Did you provide your ex photo id

Then we can help you

Thanks

jay.ho wrote: ↑

Fri Sep 22, 2017 7:05 pm

Sorry .... it's totally complicated in your first post you said 2016 now you said 2017

Can you expline please

When you married
When you apply for divorce
You apply for ROR?
When you apply for PR
When you refuse
Did you provide your ex photo id

Thanks

Sorry, my mistake, I just rather stressed right now.
Married 21 March 2012
Divorced April 17
Solicitor didn't apply for ROR, she mistankely applied for PR in 10 February 17
Refused on the 18 September 17
I provided a copy of my ex driving licence, including a copy of the paper counter part, I found both scanned copies on a old PC hard drive. My ex will not help me in any shape or form, relationship completely broke down.

Wise wrote: ↑

Fri Sep 22, 2017 7:03 pm

Your Solicitor was right if she calculated your 5yrs residency from your marriage date which is March 2012 and not by your Resident card issued date. The person that issued that letter is not in his/her mind.

ANYWAY WELCOME ON BOARD. THAT'S THE NEW TASK GIVEN BY THE HO UNTIL IS CHALLENGE IN COURT.

If I could afford I would go all the way, but now I am at risk of losing my job. I don't know how long can I lie to them or wether I am braking the law already. The thing is no job, no house, no food, f***ed

My opinion is

Made a new application for ROR ... and also if you can at least provide your ex id photo copy or other option is evidence that why you can't provide his / her id

And you should be fine

Let's wait for other opinions what's other saying ...

Its mean you apply for only 1 mo th before if I am not wrong????

Sorry my mistake Made a new application for pr

psuch2 wrote: ↑

Fri Sep 22, 2017 2:52 pm

Hello everyone. I just got a call from my solicitor. My Previous application was refused on the grounds that I didn't provide evidence of ID from my ex wife, and also the application was made too early.
The background is, I was married in March 2012, and separated on divorced in April 16. RC valid until August 16. My solicitor decided to send my PR application on February 16, although I knew it was too early I thought she knew better and let her handle it.
Now, she said I have no right to appeal but I can make a fresh application. What do you think is the best action to take, I absolutely cannot get any ID from my ex wife, she will not cooperate.
Thanks in advance.

Make a new application you will get a right to work.

007RAHEEL wrote: ↑

Fri Sep 22, 2017 10:09 pm

psuch2 wrote: ↑

Fri Sep 22, 2017 2:52 pm

Hello everyone. I just got a call from my solicitor. My Previous application was refused on the grounds that I didn't provide evidence of ID from my ex wife, and also the application was made too early.
The background is, I was married in March 2012, and separated on divorced in April 16. RC valid until August 16. My solicitor decided to send my PR application on February 16, although I knew it was too early I thought she knew better and let her handle it.
Now, she said I have no right to appeal but I can make a fresh application. What do you think is the best action to take, I absolutely cannot get any ID from my ex wife, she will not cooperate.
Thanks in advance.

Make a new application you will get a right to work.

That's great news, I absolutely cannot afford being out of work

Sorry, my mistake, I just rather stressed right now.
Married 21 March 2012
Divorced April 17
Solicitor didn't apply for ROR, she mistankely applied for PR in 10 February 17
Refused on the 18 September 17
I provided a copy of my ex driving licence, including a copy of the paper counter part, I found both scanned copies on a old PC hard drive. My ex will not help me in any shape or form, relationship completely broke down.

If you got married in March 2012 then you can apply for a document confirming permanent residence in March 2017 i.e 5 years.
Your divorce in April 2017 is after the 5 year period required for PR so your lawyer/representative is right to apply for PR and not ROR. It was however unwise to have applied in February when you don't qualify till March 2017.

Next steps...
You need to reapply
1. gather un-impeachable original evidence showing your EEA ex spouse was exercising treaty rights between March 2012-April 2017 and to be safe evidence of your economic activity (work) from April 2017 till present.
2.Include your decree absolute and other applicable evidences you have
3.Write a cover letter explaining the above and be clear why you have not provided a copy of your ex-id card/passport (its ludicrous you have to explain this when its clear you're divorced).

psuch2 wrote: ↑

Fri Sep 22, 2017 7:47 pm

If I could afford I would go all the way, but now I am at risk of losing my job. I don't know how long can I lie to them or wether I am braking the law already. The thing is no job, no house, no food, f***ed

If it's any consolation, you're not breaking the law. As you already have permanent residence, you have the legal right to work, regardless of whether you have a residence card. However, obtaining the benefits you are entitled to after being sacked for not having a residence card might be difficult without a residence card.

Richard W wrote: ↑

Sun Sep 24, 2017 2:13 pm

psuch2 wrote: ↑

Fri Sep 22, 2017 7:47 pm

If I could afford I would go all the way, but now I am at risk of losing my job. I don't know how long can I lie to them or wether I am braking the law already. The thing is no job, no house, no food, f***ed

If it's any consolation, you're not breaking the law. As you already have permanent residence, you have the legal right to work, regardless of whether you have a residence card.

My understanding is that PR was refused. Have I missed something?

Casa wrote: ↑

Sun Sep 24, 2017 2:57 pm

My understanding is that PR was refused. Have I missed something?

I think what Richard W means to say is that from the OP's description, he has already acquired PR automatically under the EEA Regulations. What was declined was the application for a PR Card.

The card of itself does not confer any status but only certifies a state that already exists.

Because the OP already seems to have PR status (though not the card certifying it), he has the right to reside and work in the UK, but no direct way to prove the existence of such a right.

secret.simon wrote: ↑

Sun Sep 24, 2017 3:02 pm

Casa wrote: ↑

Sun Sep 24, 2017 2:57 pm

My understanding is that PR was refused. Have I missed something?

I think what Richard W means to say is that from the OP's description, he has already acquired PR automatically under the EEA Regulations. What was declined was the application for a PR Card.

The card of itself does not confer any status but only certifies a state that already exists.

Because the OP already seems to have PR status (though not the card certifying it), he has the right to reside and work in the UK, but no direct way to prove the existence of such a right.

Thanks. I was preparing to go to SpecSavers

Try all posible means to get the ID, if you make another PR application it will still be the same outcome. HO did it to disrupt people's live and nothing you can do now unless you provide it.

Is your ex not in UK anymore or?

My understanding was that the application for PR was "refused on the grounds that I didn't provide evidence of ID from my ex wife, and also the application was made too early".
The OP did not acquire PR status until March 2017, however the application was submitted in February 2017 so that refusal point may be justifiable.
On the second refusal reason however, I'm not aware of any changes in the regulations that make it mandatory to provide evidence of identity for an ex-spouse when there is decree absolute present (if anyone has it please share).
It is unreasonable for the SSHD to request such evidence from a divorced ex when their identity had already been established when the initial 5 year residence card was issued.
In my opinion you need to re-apply and state clearly you and your ex are not amicable and can not provide her ID just as you have said.
if the application then gets refused for that sole reason then you'll should seek help from your MP to get them follow it up for you and if that fails you'll have your day in court to challenge the ridiculous decision.
I'm guessing there are some new caseworkers processing these cases who don't have a clue what they're doing, goodluck and keep the board posted

Wise wrote: ↑

Mon Sep 25, 2017 2:16 am

Try all posible means to get the ID, if you make another PR application it will still be the same outcome. HO did it to disrupt people's live and nothing you can do now unless you provide it.

Is your ex not in UK anymore or?

She is still residing in the UK.

Carling40 wrote: ↑

Mon Sep 25, 2017 6:42 pm

My understanding was that the application for PR was "refused on the grounds that I didn't provide evidence of ID from my ex wife, and also the application was made too early".
The OP did not acquire PR status until March 2017, however the application was submitted in February 2017 so that refusal point may be justifiable.
On the second refusal reason however, I'm not aware of any changes in the regulations that make it mandatory to provide evidence of identity for an ex-spouse when there is decree absolute present (if anyone has it please share).
It is unreasonable for the SSHD to request such evidence from a divorced ex when their identity had already been established when the initial 5 year residence card was issued.
In my opinion you need to re-apply and state clearly you and your ex are not amicable and can not provide her ID just as you have said.
if the application then gets refused for that sole reason then you'll should seek help from your MP to get them follow it up for you and if that fails you'll have your day in court to challenge the ridiculous decision.
I'm guessing there are some new caseworkers processing these cases who don't have a clue what they're doing, goodluck and keep the board posted

I have contacted a new solicitor, since I lost faith on my current one, and he said something very similar to what you said. He suggested I get him a list of her employers from the past 5 years, he will then contact them and ask for a letter confirming she has worked from them. He said he will write a comprehensive cover letter stating that, due to the breakdown of our relationship I am not able to comply with the ID request. He also suggested that, if this new application is refused, we can go to court where a judge will perhaps be able to see this issue more clearly and be more lenient.
I will keep everyone updated.

Great, your problem is part solved then.Firstly, send email/letter recorded post, or arrange to meet her and show her the letter of refusal and hope she will help as you said she is still in UK and if that fail you can then show the HO all your effort before being drag to court if needed.

My common sense tells me that the reason behind this rule was that because most the EU citizen has gone back to their country and HO want to make things difficult for people going through this route that's why they are requesting for ID they have seen before and also dodgy marriage.Otherwise, i can't think of anything and again i have never see this happening before.

Carling40 wrote: ↑

Mon Sep 25, 2017 6:42 pm

On the second refusal reason however, I'm not aware of any changes in the regulations that make it mandatory to provide evidence of identity for an ex-spouse when there is decree absolute present (if anyone has it please share).

Regulation 21(5), offset by Regulation 42. (Has someone a warped sense of humour?)

If ever this case drag to court God forbid . I will like to put myself forward to volunteer in any form because I just felt something is not right here and if you don't mind to keep me updated,let's take them on over this.

Wise wrote: ↑

Tue Sep 26, 2017 7:35 am

If ever this case drag to court God forbid . I will like to put myself forward to volunteer in any form because I just felt something is not right here and if you don't mind to keep me updated,let's take them on over this.

Thank ls mate, I really appreciate that.
I just need to raise the funds for the process. The uncertainty of whether I will be able to keep my job because of this, has really stressed me.
My employer is happy so far with the last COA letter I gave him, but it won't be long before he starts to ask questions. I keep rehearsing in my head what to say, but I don't think it will stick.
Does anyone have suggestion of what could I tell my employer?