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Did you submit the SS RC?Unless otherwise stated, please send original documents only. Photocopies are not acceptable. If you’re unable to send the original, please explain why. We’re unlikely to be able to approve your application without sight of the original document
Well you should have submitted the RC; as per my understanding, it's critical evidence to help prove you had completed the SS route.sinead1982 wrote:Many thanks Noajthan for your reply.
Yes, The RC issued under SS was submitted with the application and with hindsight I was perhaps mistaken in doing so, though I was under the impression that it was essential that it be submitted.
The content of the letter is below but may I ask how problematic things could be?
Would applicant be subject to immediate removal and is there anything that would prevent a second application being considered?
I am in the process of gathering Thames water bills, original landline bills and TV license correspondence and actual licenses solely in my name and bills from British gas in joint names and then in sponsor’s sole name up until decree absolute issued. (which will all be posted out to me in due time and will all be originals this time around.)
Do I have to prove that I was resident in The UK from when we returned from The Netherlands and Applicant thereby began living ‘in line with the regulations’ or do I need to prove residence only from point that SS RC was issued in September 2012?
So at present time is rapidly running out as refusal was received on 13/05/2016 with 14 days to appeal and not only am I uncertain of whether appealing would be appropriate, I am also not sure of just how rapidly I can receive this additional documentation to prove that I, the sponsor was resident in The UK.
Please note that PR was never applied for so I am at a loss to understand why they state that it was in the letter.
The 'reasons for refusal' letter is as follows:
...
At the moment all you can do is appeal.sinead1982 wrote:Thank you for your reply.
With regards to appealing is there any point of doing so if I was in the wrong by submitting insufficient evidence as well as photocopies of some documentation?
I looked over PR guidance as you suggested and TV license letters are listed as well as utility bills.
...
So all the criteria for retention rights is satisfied although obviously I did not satisfy the evidential requirements.
The letter does say that he has no further basis of stay in the UK and should arrange to leave the country. (I have acute anxiety reading that but perhaps it's generic wording on all refusals?)
The letter does go on to say that if you have necessary evidence then you can apply again for PR.
(I would assist him in reapplying for ROR)
The SAR you mention is a Subject access request, right?
I've assisted those claiming asylum I'm applying for them I'm advocacy volunteering but am unsure what they contain and know that they take a while to receive.
So if the appeal window passes could UKBA potentially refuse to accept another application for ROR?
At present are his rights still derived from the regulations but simply not CONFIRMED?
Hi Sineadsinead1982 wrote:Many thanks Noajthan for your reply.
Yes, The RC issued under SS was submitted with the application and with hindsight I was perhaps mistaken in doing so, though I was under the impression that it was essential that it be submitted.
The content of the letter is below but may I ask how problematic things could be?
Would applicant be subject to immediate removal and is there anything that would prevent a second application being considered?
I am in the process of gathering Thames water bills, original landline bills and TV license correspondence and actual licenses solely in my name and bills from British gas in joint names and then in sponsor’s sole name up until decree absolute issued. (which will all be posted out to me in due time and will all be originals this time around.)
Do I have to prove that I was resident in The UK from when we returned from The Netherlands and Applicant thereby began living ‘in line with the regulations’ or do I need to prove residence only from point that SS RC was issued in September 2012?
So at present time is rapidly running out as refusal was received on 13/05/2016 with 14 days to appeal and not only am I uncertain of whether appealing would be appropriate, I am also not sure of just how rapidly I can receive this additional documentation to prove that I, the sponsor was resident in The UK.
Please note that PR was never applied for so I am at a loss to understand why they state that it was in the letter.
The 'reasons for refusal' letter is as follows:
Dear Mr X,
On 28th November 2015 you applied for a permanent residence card as a confirmation of a right to reside in the United Kingdom.
An official has considered your application on behalf of the secretary of State.
In order to qualify for a retained right of residence following divorce from EEA national after being granted a residence card under the Surinder Singh ruling, in accordance with regulation 10 (5) of the Immigration (EEA) regulations 2006 the following information is required:
-Evidence that your EEA former spouse was residing in the United Kingdom up to the point of divorce.
-Evidence that your marriage lasted for at least 3 years and that you and your former spouse resided in the United Kingdom for at least 1 year during marriage.
-Evidence that you are currently in employment, self-employment or economically self-sufficient as if you were an EEA national.
In addition, as your application is for permanent residence etc etc etc
You have produced a decree absolute issued by the United Kingdon on 09th September 2015 and therefore it is accepted that the marriage to the EEA national is dissolved.
In order to retain a right of residence you would need to provide evidence that the marriage had lasted for 3 years and that during at least 1 of those years you resided in the UK.
Mentions that joint names British gas bills spanning 13th November 2013 to 02nd March 2015 are ‘photocopies’ and so cannot be accepted as original evidence.
'You have failed to provide evidence that you meet the requirements of regulation 10 (5) as you have not demonstrated that your sponsor resided in UK up to the point of divorce and you have therefore not retained a right of residence following divorce, or that you have resided under the regulations for 5 continuous years to qualify for permanent residence.
Therefore it has been decided to refuse to issue the confirmation that you seek under regulation 15 (1) (f) , with reference to regulation 10 (5).
The caseworker may also be trying to determine whether the sponsor's PR has expired due to any prolonged absence from UK (regardless of the fact that, in this special case, OP/sponsor is a BC).nwaotu wrote:Hi Sinead
To me , the refusal was not in accordance with the immigration rules. There is no requirement in the EEA regulation 2006 10 (5) for you to submit ''evidence that your EEA former spouse was residing in the United Kingdom up to the point of divorce.''
it clearly states:(b)''he was residing in the United Kingdom in accordance with these Regulations at the date of the termination.'' which means that, the non EEA national needs to submit evidence that he was residing in the UK at the date of divorce i.e. within that period and also that, the EEA national was exercising treaty rights at the date of divorce. it never said EEA national's evidence of residence up to the point of divorce.
my dear, appeal you will win! my friend's application was refused with the same reason. He appealed and it was allowed.
A disclaimer: a Board moderator here simply moderates the board and may or may not be a legal professional.sinead1982 wrote:Please could a moderator if available kindly clarify for me whether if an appeal is lodged and lost would that then remove the right to reapply for retained right of residency?
Lodge the appeal now, you will send in the evidence as part of your bundle, which will probably be many months from now. You may consider reapplying again if you feel you have not submitted the required documents.sinead1982 wrote:Thank you for your reply nwaotu.
Just to clarify that I am a British Citizen who exercised treaty rights for 3 months back in 2011 in The Netherlands so would not need to show any treaty rights/economical activity carried out by myself in the UK since returning due to the Eind judgement.
If my Ex spouse reapplying for ROR is an option EVEN if appeal is LOST then he will surely appeal but I cannot seem to clarify very much at present.
Also when they say 14 days to lodge appeal how much time would I have in which to obtain evidence?
I am willing to swear an affidavit that I have resided only in the UK since returning from The Netherlands in December 2011 until present day but both Thames Water and British Gas have both informed me that since the original bills I've requested date right back to early 2012, then I can not expect to receive them in the post until the end of this month so if appeal is lodged, would I even have the required documentary evidence in my possession by the time it is heard?
In addition is an appeal even appropriate if the correct/original documentary evidence was not submitted in the first place?
Can NEW/FURTHER evidence just be presented at an appeal?
I would accompany applicant to appeal if required but I need to ascertain whether a lost appeal would mean no right to reapply for retention rights.
Yep, RC is confirmatory as already explained to OP.lurli wrote:It is not lawfully correct to suggest that the ex may not have a legal right to remain in the UK after the appeal date, revocation of RC does not simply erode the right to reside, for example the applicant may submit further application which will be reconsidered and if refused again will trigger another right of appeal. RC or PR does not create rights, they evidence existing rights. A British citizen who is denied a British passport on grounds that the decision maker thought they were not British, does not mean they are not actually British, citizenship is guaranteed by statute and not by the decision to evidence that by a passport or refusal to issue such document.
sinead1982 wrote:Thank you for your reply nwaotu.
Just to clarify that I am a British Citizen who exercised treaty rights for 3 months back in 2011 in The Netherlands so would not need to show any treaty rights/economical activity carried out by myself in the UK since returning due to the Eind judgement.
If my Ex spouse reapplying for ROR is an option EVEN if appeal is LOST then he will surely appeal but I cannot seem to clarify very much at present.
Also when they say 14 days to lodge appeal how much time would I have in which to obtain evidence?
I am willing to swear an affidavit that I have resided only in the UK since returning from The Netherlands in December 2011 until present day but both Thames Water and British Gas have both informed me that since the original bills I've requested date right back to early 2012, then I can not expect to receive them in the post until the end of this month so if appeal is lodged, would I even have the required documentary evidence in my possession by the time it is heard?
In addition is an appeal even appropriate if the correct/original documentary evidence was not submitted in the first place?
Can NEW/FURTHER evidence just be presented at an appeal?
I would accompany applicant to appeal if required but I need to ascertain whether a lost appeal would mean no right to reapply for retention rights.
lurli wrote:Revocation of the RC seems to be the correct decision in this case, as the applicant already ceases to being a family member, he may have retained rights on his own however, he would need confirmation of that separately from the existing confirmation.
sinead1982 wrote:To be honest I am finding wording of Home office correspondence incomprehensible.
Maybe it's because I've been in an almost constant state of anxiety and panic attack since the arrival of the refusal or else I'm just unable to comprehend very much at all.
For instance, it states right to an in country appeal and then goes on to say there would be no right to remain in the UK whilst appeal is pending.
In addition it says should you find yourself in a position to supply evidence of your right to live in the UK under EU law then you may wish alternatively to reapply.