NON EEA PR REFUSED HELP NEEDED

[007RAHEEL]

Both of you Raheal007 and uk2715 send a email to PM house and draw the attantion of PM office in this matter.here is the link how to contact PM office

https://email.number10.gov.uk/contact.aspx

Is there any benefit to email them ?

[Jbkhan32]

Both of you Raheal007 and uk2715 send a email to PM house and draw the attantion of PM office in this matter.here is the link how to contact PM office

https://email.number10.gov.uk/contact.aspx

Is there any benefit to email them ?

Yes.
Your case worker will contact you directly.
I send email to ho regarding id of former spouse and in reply they advised me to follow eea pr guidence and in eea pr guidence only states that if documentation has been previously issued on the basis of retained rights of Residence then non eea national must have to show that he/she completed five years under these regulations.there is no such other requirements after retaining rights.
Regulation 21 is for those who wishes to apply under regulation 12 not for under regulation 10.
There is a slight difference between the cases.
If sponcers identity was established in previous application and there is no change in sponcers circumstances then there is mo point to establish the identity of eea national.
I have read one post in which hay.ho wrote that his friend applied in march 17 and retained his rights without eea id.so there is no such requirement in pr application after retained rights of Residence except applications under regulation 12 which is explained in regulation 21(5)

[007RAHEEL]

When did you email them ? After Feb 2017 also you have similar case like us.

[Jbkhan32]

I emailed on 19 August and received reply on 25.
I already applied without eea id and now waiting for COA

[007RAHEEL]

Can you send me the email I'd also which month you applied ?

[007RAHEEL]

Just to update you guys I accepted the reconsideration offer of Pap have to wait 3 months will update the outcome on this forum.

[Jbkhan32]

Can you send me the email I'd also which month you applied ?

public.enquiries@homeoffice.gsi.gov.uk

[suzuki1985]

Hi Guys,

I have received all my documents with refusal letter as well. I am holding ROR since 2014. I made my application on 9th May 2017 for a residence card. Please see the below for reason:

Your application has been considered under regulation 15(1)(f) and regulation 21(5) of the immigration (EEA) regulations 2016.
We determined that you dont have a retained right of residence in the UK following divorce from your EEA or Swiss sponsor.
In order to qualify for permanent residence under the EEA regulations, all applications must be accompanied by a sponsor`s EEA passport or national identity card. You have not provided either of these with your current application nor provided any evidence that this omission is due to circumstances beyond your control.

This letter is really absurd. I am divorced and holding ror till 2019. Can you please advise?

All the best

[jay.ho]

Hi suzuki1985

Have you expline in your application that your divorced and you can't provide your ex id ...

What you write down in your application forum .

[007RAHEEL]

Look like Home office rejected it by purpose as Suzuki explained he have Ror still they said you don't have Ror I think it become practice for Home office to reject it like this I would say make a complaint and go for Jr without wasting time and claim for cost too.

[jay.ho]

It's says if you can't provide eea I'd you have to give the reason why you can't provide the id

Suzuki what you write down in your application ?

[suzuki1985]

Thank you for your answers. I provided d37 decree absolute (divorce) document and i am holding ROR, so i did not provide any extra explanation. I thought, they would understand my situation. I made an appealed online and included the explanation and d37 decree absolute (document again). Finger crossed.

[007RAHEEL]

Did they give you appeal rights Or you did JR also did you send your BRP along your application ?

[suzuki1985]

Hi,

My decision letter inluded the option to appeal.

[Richard W]

Your application has been considered under regulation 15(1)(f) and regulation 21(5) of the immigration (EEA) regulations 2016.
We determined that you dont have a retained right of residence in the UK following divorce from your EEA or Swiss sponsor.

That statement seems odd. If you were an EEA national, would you be a 'qualified person'? However, the statement may be true. When you acquire permanent residence, you lose the retained right of residence!

In order to qualify for permanent residence under the EEA regulations, all applications must be accompanied by a sponsor`s EEA passport or national identity card.

Have you omitted the word 'card' here? The statement would, alas, be true if 'permanent residence' were replaced by 'permanent residence card' and the EEA Regulations were the fundamental definition of the law. However, Directive 2004/38/EC is more fundamental, which would make the demand for the sponsor's ID beyond the lawful powers of the Home Office.

You have not provided either of these with your current application nor provided any evidence that this omission is due to circumstances beyond your control.

And here the Home Office backs down from Regulation 21(5). The problem is how to provide evidence of what seems obvious, but isn't true in every case. Sometimes the sponsor can be persuaded to make the ID card or passport available to the Home Office. (It seems it doesn't have to be provided by the applicant.)

[jay.ho]

Richard W ....

The applicant is divorced and how he\she can provide the id or passport to HO . This is strange and totally impossible.....

[Richard W]

The applicant is divorced and how he\she can provide the id or passport to HO . This is strange and totally impossible.....

As I understand it, the passport doesn't actually have to be sent with the application. The ex could send it in to 'join the application'.

Some divorced couples are in regular contact, e.g. because they have a child. Some members have had the assistance of their ex in making applications under the EEA regulations, e.g. in hunting for documentation of employment.

[jay.ho]

I just read this


Original documents and translations
Passports and ID documents must be originals.
Documents submitted to prove a retained right of residence must also be originals.

You cannot accept photocopies unless there are exceptional circumstances and the applicant gives valid reasons for not being able to provide the original document.

In such circumstances, you can accept a copy certified by the body or authority which issued the original or by a notary.


It's mean HO accept photo copies right ???

[suzuki1985]

Hi,

I dont even have copy of her passport or eea id.

[Jbkhan32]

I just read this


Original documents and translations
Passports and ID documents must be originals.
Documents submitted to prove a retained right of residence must also be originals.

You cannot accept photocopies unless there are exceptional circumstances and the applicant gives valid reasons for not being able to provide the original document.

In such circumstances, you can accept a copy certified by the body or authority which issued the original or by a notary.


It's mean HO accept photo copies right ???

Yes but only certified copies

[jay.ho]

The applicant is divorced and how he\she can provide the id or passport to HO . This is strange and totally impossible.....

As I understand it, the passport doesn't actually have to be sent with the application. The ex could send it in to 'join the application'.

Some divorced couples are in regular contact, e.g. because they have a child. Some members have had the assistance of their ex in making applications under the EEA regulations, e.g. in hunting for documentation of employment.

Richard W noted please

I just read this


Original documents and translations
Passports and ID documents must be originals.
Documents submitted to prove a retained right of residence must also be originals.

You cannot accept photocopies unless there are exceptional circumstances and the applicant gives valid reasons for not being able to provide the original document.

In such circumstances, you can accept a copy certified by the body or authority which issued the original or by a notary.


It's mean HO accept photo copies right ???

[suzuki1985]

Hi,

Should I wait the answer from appeal? and/or should I re-apply in the meantime?

[Jbkhan32]

Hi,

Should I wait the answer from appeal? and/or should I re-apply in the meantime?

Nothing wrong if you re apply.
But atleast attach a copy of your ex id this time

[suzuki1985]

Hi,

I am divorced and holding retained right of residence. I have no connection with my ex and we ended bad. I cannot add any id because i have no connection. It is impossible. I did not add any my ex id for my retained right application as well.

[Jbkhan32]

Hi,

I am divorced and holding retained right of residence. I have no connection with my ex and we ended bad. I cannot add any id because i have no connection. It is impossible. I did not add any my ex id for my retained right application as well.

If we read the modernised guidence of retained rights of Residence then it is clearly saying to meet the requirements of 15(1)(f) after ror.
But regulation 21(5) is saying applicants must have to provide eea id unless there is a strong reason to not provide the eea national id.
What I understand is that applicants must have to explain the reasons of not providing eea nationals id.