NON EEA PR REFUSED HELP NEEDED

[jay.ho]

Strong evidence what's do you mean by that it's more then enough that your divorce and he/she can't give you anything .....

But HO still refuse the application.....

[suzuki1985]

I should add some letter but, i did not. I hope, I will have some good news from my appeal. I have to wait again.

(6) Where—

(a) there are circumstances beyond the control of an applicant for documentation under this Part;

[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.

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.

Please see the this one as well on same page


(6) Where—

(a) there are circumstances beyond the control of an applicant for documentation under this Part...

I could not see "strong reason" there. Please see the law:

http://www.eearegulations.co.uk/Regs201 ... ulation_21

I am divorced and have no connection with my-ex. it should be enough.

[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.

Please see the this one as well on same page


(6) Where—

(a) there are circumstances beyond the control of an applicant for documentation under this Part...

I could not see "strong reason" there. Please see the law:

http://www.eearegulations.co.uk/Regs201 ... ulation_21

I am divorced and have no connection with my-ex. it should be enough.

Divorce itself is a strong reason to not provide eea id.
U r right but what was the outcome of your application?
Point is how to deal with this unjustified regulation 21(5)?

[suzuki1985]

please see the 6 (a) please. I am holding ror, however they determined that i am not holding ror. I am divorced, What is my visa situation then right now? There is misunderstanding there. What shall i do then? give up? Anyway, i have appealed, i will let you know about result (it should take ages).

[Jbkhan32]

please see the 6 (a) please. I am holding ror, however they determined that i am not holding ror. I am divorced, What is my visa situation then right now? There is misunderstanding there. What shall i do then? give up? Anyway, i have appealed, i will let you know about result (it should take ages).

I am not expert but also in the same situation.my understanding is that,once a person attain PR status then he/she loose the status of retained rights of Residence.
It may be possible that you loose your retained rights status because you acquired PR status but home office is unable to confirm your PR status without looking eea id or your explanation that why such a circumstance are beyond your control and you are unable to provide your ex id.(but please don't trust on my words)

[suzuki1985]

please see the 6 (a) please. I am holding ror, however they determined that i am not holding ror. I am divorced, What is my visa situation then right now? There is misunderstanding there. What shall i do then? give up? Anyway, i have appealed, i will let you know about result (it should take ages).

I am not expert but also in the same situation.my understanding is that,once a person attain PR status then he/she loose the status of retained rights of Residence.
It may be possible that you loose your retained rights status because you acquired PR status but home office is unable to confirm your PR status without looking eea id or your explanation that why such a circumstance are beyond your control and you are unable to provide your ex id.(but please don't trust on my words)

I have no access to my ex-wife's EEA passport or national identity card. I have further no possibility to contact my ex-wife and obtain document.

[Jbkhan32]

please see the 6 (a) please. I am holding ror, however they determined that i am not holding ror. I am divorced, What is my visa situation then right now? There is misunderstanding there. What shall i do then? give up? Anyway, i have appealed, i will let you know about result (it should take ages).

I am not expert but also in the same situation.my understanding is that,once a person attain PR status then he/she loose the status of retained rights of Residence.
It may be possible that you loose your retained rights status because you acquired PR status but home office is unable to confirm your PR status without looking eea id or your explanation that why such a circumstance are beyond your control and you are unable to provide your ex id.(but please don't trust on my words)

I have no access to my ex-wife's EEA passport or national identity card. I have further no possibility to contact my ex-wife and obtain document.

Thats what i am saying.you have a reason to not provide id.
But you have to address your situation to home office.

[suzuki1985]

I have appealed on sunday and emailed them all the required docs. Can you tell me please shall take further action or just wait the answer from tribunal?

[Jbkhan32]

I have appealed on sunday and emailed them all the required docs. Can you tell me please shall take further action or just wait the answer from tribunal?

I think you have to re apply as well and explain to ho that circumstance are beyond your control and thats why you are unable to submit eea id.
In regulation 21(5) there is also a power to issue you a pr without eea id if you satisfy them.

[suzuki1985]

What about my current visa on the passport? Is it still valid?

[Jbkhan32]

What about my current visa on the passport? Is it still valid?

If it is not cancelled then I believe it is still valid.
If you call to home office enquiry centre and give your case id or your valid Residence card number once they trace your case then ask them about your current status in the uk.

[Richard W]

In regulation 21(5) there is also a power to issue you a pr without eea id if you satisfy them.

Where? The nearest I can see is Regulation 21(6), which can permit one not to use the standard form. It says nothing about not submitting the sponsor's ID. It looks, though, as though a PRC may be granted 'outside the regulations' if a good enough reason for not submitting the ID is provided.

[suzuki1985]

In regulation 21(5) there is also a power to issue you a pr without eea id if you satisfy them.

Where? The nearest I can see is Regulation 21(6), which can permit one not to use the standard form. It says nothing about not submitting the sponsor's ID. It looks, though, as though a PRC may be granted 'outside the regulations' if a good enough reason for not submitting the ID is provided.

(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.

As stated in the rule (b), secretary of state may accept may application, How can i apply to there then? any idea?

[jay.ho]

Hi all

Guys we are waiting for all expert who is helping here to reply is photo copy on ex will be fine or not ...

Please all expert reply it's will be a huge help for other ..... who is waiting struggling

Regards

Jay

[Richard W]

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.

As stated in the rule (b), secretary of state may accept may application, How can i apply to there then? any idea?

I think you're misunderstanding 'accept'. In this case, 'accept' just means she won't say, "Wrong form, nothing doing'. Without a good explanation of why your ex's ID is not included, she could just say, 'No ID, no PRC.' Indeed, that appears to be what has just happened. Please answer my question about the refusal. Does it say, "In order to qualify for permanent residence under the EEA regulations", or "In order to qualify for a permanent residence card under the EEA regulations"? There would be a very big difference if not working were a reasonable option for you.

[suzuki1985]

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.

As stated in the rule (b), secretary of state may accept may application, How can i apply to there then? any idea?

I think you're misunderstanding 'accept'. In this case, 'accept' just means she won't say, "Wrong form, nothing doing'. Without a good explanation of why your ex's ID is not included, she could just say, 'No ID, no PRC.' Indeed, that appears to be what has just happened. Please answer my question about the refusal. Does it say, "In order to qualify for permanent residence under the EEA regulations", or "In order to qualify for a permanent residence card under the EEA regulations"? There would be a very big difference if not working were a reasonable option for you.

Answer is yes, Richard. Please see below:

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 either provided either of these with your current application nor provided any evidence that this omission is due to circumstances beyond your control.

[zahirsona]

Hello raheel same situation mine one they refused same date my application as well but we send appeal against ho decision it's better to do appeal if you send for reconsideration they don't care they just waist time my advise to do appeal it's better
Thanks

[007RAHEEL]

Hi zahirsona
Problem is they did not give me appeal right may be because my leave is still valid that's why.

[zahirsona]

oh sorry to hear i dont know why not they give you right of appeal did you provide all documents i am the same situation, once divorce is done your EEA national not give you anything after divorce i dont know HO playing game i provide all documents my Residance Card still valid i speak with my solicitor he told me when we send again the same application they cant accept its better to do oral appeal but its strange why not they give you appeal right

[jay.ho]

You expline in your application that your divorced and you can't provide ex id have you send a photo copy with your application....

[suzuki1985]

Hello raheel same situation mine one they refused same date my application as well but we send appeal against ho decision it's better to do appeal if you send for reconsideration they don't care they just waist time my advise to do appeal it's better
Thanks

When did you appeal?

[zahirsona]

7th August 2017

[suzuki1985]

7th August 2017

Have you gotten response from there?

[Richard W]

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.

That statement from the Home Office look likes a lie; it certainly isn't true. Was there a claim that you had no basis of stay in the UK?