PR Application and eea id

[jay.ho]

Hi all .

i applied for PR and I didn't provide my ex ID because I am divorce and she is not welling to provide her id or passport.
I got my retain rights in Nov 2016 and when I apply for ROR I didn't provide any ex I'd or passport .

I Will be wait for speedy response from all guru
Thanks

Jay

[Wise]

It all depends on your date of your marriage, but you need to have be in the UK for 5 years before applying for the PR and even the case work instruction did not ask anyone to ask/provide your EX spouse ID when you're divorced.


Good Luck.

[Obie]

Also see Regulation 21(5). The use of the word was a family member, indicates a wide application.

[Jbkhan32]

Previous Section
20. Issue of a derivative residence card
Next Section
22. Verification of a right of residence
Procedure for applications for documentation under this Part and regulation 12

21.—(1) An application for documentation under this Part, or for an EEA family permit under regulation 12, must be made—

(a)online, submitted electronically using the relevant pages of www.gov.uk; or
(b)by post or in person, using the relevant application form specified by the Secretary of State on www.gov.uk.
(2) All applications must—

(a)be accompanied or joined by the evidence or proof required by this Part or regulation 12, as the case may be, as well as that required by paragraph (5), within the time specified by the Secretary of State on www.gov.uk; and
(b)be complete.
(3) An application for a residence card or a derivative residence card must be submitted while the applicant is in the United Kingdom.

(4) When an application is submitted otherwise than in accordance with the requirements in this regulation, it is invalid.

(5) Where an application for documentation under this Part is made by a person who is not an EEA national on the basis that the person is or was the family member of an EEA national or an extended family member of an EEA national, the application must be accompanied or joined by a valid national identity card or passport in the name of that EEA national.

(6) Where—

(a)there are circumstances beyond the control of an applicant for documentation under this Part; and
(b)as a result, the applicant is unable to comply with the requirements to submit an application online or using the application form specified by the Secretary of State,
the Secretary of State may accept an application submitted by post or in person which does not use the relevant application form specified by the Secretary of State.


I can not see anything about regulation 10 and regulation 15.
What they are saying is about regulation 12 and regulation 21

[jay.ho]

Hi jbkhan....

I don't know as exactly what the rule said but I am worried not only about my application I am worried about everything who will apply or already apply for PR after ror and didn't provide the ex ID or passport .

Jay

[Obie]

(5) Where an application for documentation under this Part is made by a person who is not an EEA national on the basis that the person is or was the family member of an EEA national or an extended family member of an EEA national, the application must be accompanied or joined by a valid national identity card or passport in the name of that EEA national.

I have cited the relevant area in bold.

[Jbkhan32]

Yes all applicants including former family members are required to submit EEA sponcer s passport or ID along with application for documentation who wishes to apply under regulation 12.
Regulation 12 is for Residence permit.

[Jbkhan32]

Hi jbkhan....

I don't know as exactly what the rule said but I am worried not only about my application I am worried about everything who will apply or already apply for PR after ror and didn't provide the ex ID or passport .

Jay

Don't worry about it
It is clearly saying about this part of the regulation or regulation 12(which is out of the country applications).
I request to all members when ever they feel confused about home office rules and regulations then try to ask directly to home office through email.

[jay.ho]

Hi all I request you all please update your experience about this ex id

Regards

Jay

[Jbkhan32]

Hi all I request you all please update your experience about this ex id

Regards

Jay

Wait for a few days because I already send a email to ho regarding ex identity,I shell update uopn reply from ho.

[Shani7605]

Hi there, if i send a photo copy of my ex wife's ID would that be ok or I have to send the original ID? Thanks

[Wise]

This is done delibrately and I don't think the HO will accept a copy. Just yesterday HO was trying to cover up a letter sent to many EU national asking them to leave the UK all is on sky news being reported to them by just a lady out of the 100 applicants. Why non EU national can't do the same I don't know.

Everyone involved should just prepared for the battle of a request that the HO knew it will be hard to get and at the end I pray it won't come to the issue creating job and money for the legal house.

I have never seen where a divorcey is holding the other spouse identity paperwork. Shocking but is a battle than can be won or reverse.

[Wise]

Also may be you can take the copy for certified by anyone accepted by the HO.

Or take your ex to any immigration centre to do it for you that is if you can still get him/her which I doubt.

You just have to try and do something and I wish you best of luck.

[jay.ho]

Just update all of you one of my friend apply for ror application in march and he got ror granted today without ex id

[Shani7605]

It's funny that you can retain your right without ex's ID but can't be issued a PR. Basically I'm going to apply for ROR but after few weeks i'll ask HO for variation of my application as it's going to be 5th anniversary of my wedding in 5 weeks time.

[Uk2715]

Am having the same issue. have written them, waiting for their reply.

[007RAHEEL]

Hi

I have the same issue on 8 august I got the refusal I fail to supply my ex valid I'd this is why my application has been refused.
Made reconsideration no response.
Sent pap letter received letter in 3/4 days saying sshd will review my case and come back to me in 3 months time.

I read all regulation it doesn't say you have to send valid id of your ex after divorce. It been 3 years we are not in touch how can I obtain her id.

[007RAHEEL]

Also check my post it have all the details.

[Obie]

It's funny that you can retain your right without ex's ID but can't be issued a PR. Basically I'm going to apply for ROR but after few weeks i'll ask HO for variation of my application as it's going to be 5th anniversary of my wedding in 5 weeks time.

Unfortunately from the 01-02-2017, the Home Office put through a new regulation in Parliament called Regulation 21(5).

Also they have changed their Guidance below and not require the EEA passport also.

The applicant must provide evidence:
• of their identity and nationality through a:
o valid EEA national ID card or passport issued by an EEA state if they are an
EEA national
o valid passport if they are a non-EEA national
• of the identity and nationality of the EEA national sponsor, which must be a
valid EEA national identity card or passport issued by an EEA state
• the EEA national was exercising free movement rights at the time the
relationship was terminated or had permanent residence
• the marriage or civil partnership lasted for at least 3 years immediately before
the start of proceedings for divorce, annulment or dissolution
o the types of documents that must be provided can be found here: Free
Movement Rights: Direct family members of EEA nationals
• they resided in the UK for at least one year during the marriage
o the types of documents that must be provided can be found here: Free
Movement Rights: Direct family members of EEA nationals
• their relationship with the EEA national has been terminated, such as a:
o decree absolute
o decree of annulment
o certificate of dissolution
• they are a worker, self-employed person or self-sufficient person or the family
member of such a person

For the types of documents that must be provided, see related links:
• Qualified persons
• Free Movement Rights: Direct family members of EEA nationals
Applicants who raise domestic violence or other difficult circumstances as a reason
for the end of their relationship do not need to show evidence that the marriage or
civil partnership lasted for 3 years or that the parties had resided together in the UK
for at least one year during its duration. They must provide details of the difficult
circumstances which occurred whilst the marriage or civil partnership was subsisting.
For detailed information, see related link: Documents required for retained residence
in domestic violence cases.

We can have a discussion as to the lawfulness of the regulation, but people cannot deny its existence. As a moderator i need to ensure that the information on the forum is correct and not likely to mislead or confuse others.

[Shani7605]

@007RAHEEL Did you not even attach a photo copy of your ex's ID?

@Obie We all forum users are grateful for your help, you have been a messiah to many people on here who like myself aren't willing to spend £1000s ok solicitors. I posted my case history a couple of days ago i was wondering if you could please have a look and give me some sort of advice? Much appreciated Obie

[ribena]

@Obie, thanks for the the link and advices. I have been following this regulation 21(5) on here but I am struggling to understand how could HO ask those who divorced to provide the ID of their EEA ex-spouse?

I find this is very insensitive and surely HO is able to look at our previous application for get the EEA ex-spouse ID?

[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]

Here's the case on upper tribunal which states clearly there is no need of id I hope this will help.

[Wise]

Well done for the effort for discovering this decision. But if I may ask what year/date was this case being drag to upper tribunal.

Also to all well talented moderators can you please share your thought on this judgement if it relates to this HO shamble regulation 21 (5) as I have understood it .

Thanks in advance.

[vinny]

Barnett and others (EEA Regulations: rights and documentation) Jamaica [2012] UKUT 142 (IAC) (14 May 2012).