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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
They are barking mad. Divorce petition does not need to be provided. The court issues a confirmation stating the date petition was submitted to court. That is what people should submit to prove 3 year of marriage prior to divorce. I hope proper thought went into these requirementsObie wrote:The form Is mad. Asking if people are in receipt of benefit.
Asking for divorce petitions to be provided.
It is crazy.
This is something I thought was really weird. Apparently benefits like working tax credits, for example, won't affect the rights of a person working in the UK!Obie wrote:The form Is mad. Asking if people are in receipt of benefit.
Asking for divorce petitions to be provided.
It is crazy.
Jgorf wrote:Form D9H(notice of issue of DIvorce Petition) which a court issued to a petitioner upon reciept of divorce petition clearly states the date divorce petition was submitted to court.
This form will suffice in place of the D8 form if you have it. HO ask for divorce petition as proof that marriage lasted 3 years before commencement of divorce proceedings. So if I disagree that divorce petition must be submitted. (read that section and see why it's being asked for at the first place)
So I see no reason why D8 form should be submitted if you have the official confirmation from court stating date divorce petition was submitted.
WHERE CAN I FIND D8 AS IAM THE RESPONDANT
Can i order it ? I dont want the petition of divorce beacause the background of divorce was soo bad
and i contacred with her lawyer asking why u put down such a bad back ground for reason of divorce he answered bcos we need to put stronge reason to make court agree for divorce
So cant send tht petition with this shock reasons
My married lasted 6 years so how bloody they doubt tht the divorce was take a place before 3 years . No divorce process take over 2 years . How i can prove the date of divorce
starting and im the respondant?
Let's not read the requirements on this new form the other way round.
In my opinion , what they have done is the be very clear on the documents they require to avoid rejecting applications.
The only main difference I have spotted is the section asking to declare public funds. not sure what they can achieve with of I'm being honest . They wouldn't reject an application of someone that is exercising treaty rights and receiving benefits they are entitled to. The truth is , if they want to know benefits received, the payslips and tax forms that gets submitted contains NI numbers. And those info can be pulled up by HMRC. If HO needs it. So it's basically asking everything on paper.
I just think everyone needs to sit back and read the form properly . It's not as bad. I actually find the documents requrment section more detailed now than before. a lot of people have had their applications rejected cos HO wants some documents that they actually didn't bother putting down as a requirement
You are making incorrect statements. They can not lawfully require all this information.Hubba wrote:My opinion is that is all for setting up applicants for failure. By requesting this amount of info on the application, they are:
a) Building themselves a nice body of evidence for rejecting cases;
b) Making it easier to spot application inconsistencies;
Instead of having correspondence back and forth with the applicant requesting info and calling up for interviews, they want all data (or the lack of) exposed on the initial application.
The new form can potentially speed up case processing, given that they either will have all the info they need to approve an application or whatever info they need to reject it outright.
Of course, they made this on detriment of the applicant's convenience, but although it's not nice of them to do such thing, is not lawless either.
Hubba wrote:My opinion is that is all for setting up applicants for failure. By requesting this amount of info on the application, they are:
a) Building themselves a nice body of evidence for rejecting cases;
b) Making it easier to spot application inconsistencies;
Instead of having correspondence back and forth with the applicant requesting info and calling up for interviews, they want all data (or the lack of) exposed on the initial application.
The new form can potentially speed up case processing, given that they either will have all the info they need to approve an application or whatever info they need to reject it outright.
Of course, they made this on detriment of the applicant's convenience, but although it's not nice of them to do such thing, is not lawless either.
Obie wrote:Hubba wrote:My opinion is that is all for setting up applicants for failure. By requesting this amount of info on the application, they are:
a) Building themselves a nice body of evidence for rejecting cases;
b) Making it easier to spot application inconsistencies;
Instead of having correspondence back and forth with the applicant requesting info and calling up for interviews, they want all data (or the lack of) exposed on the initial application.
The new form can potentially speed up case processing, given that they either will have all the info they need to approve an application or whatever info they need to reject it outright.
Of course, they made this on detriment of the applicant's convenience, but although it's not nice of them to do such thing, is not lawless either.
I disagree Hubba.
It is wholly lawless.
The information they are requesting is wholly inconsistent with EU law.
For a Residence Card to be issued a spouse need to provide the following.
1. Evidence of their relationship to the EU Citizen.
2. Evidence that there is an Eu citizen
3. Evidence that the EU Citizen is residing in the
4. Evidence that the requirement in Article 7 is met by the EU citizen.
You can certainly establish this fact by a 2 page application form.
No need to find out when they met the EU Citizen, when they started living together, their income, their outgoings, whether they live together, when they last lived together, whether the EU citizen have children with the person, what benefits they claim.
It is utterly crazy, and wholly inconsistent with EU law.
I have one applicant went for interview today, was asked how he entered the UK, in contravention of EU law.