NON EEA PR REFUSED HELP NEEDED

[suzuki1985]

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?

Please see the sentece below from my letter:

"We have determined that you do not have a retained right of residence in the UK following divorce from your EEA or Swiss natioanl sponsor."

Actually, I am holding "retained right of residence" since 2014. I am really confused. Richard, Would you say that an appeal is enough action in my case?

[Hstepper07]

This sounds like a mistake from HO.
I applied for PR on 1st Feb 17 with ROR (gotten in 2014) and without ex's identity and I got my PR . I only used a covering letter and did not provide reason for not providing my ex's id. Unless the regulation has been modified, ID of ex was never a requirement in the application form for applicants with ROR.
Sometimes the case workers make careless mistakes. I have been a victim of their errors in the past. Even though you have appealed, maybe you should try writing them to explain your situation and point out their error and with luck, they might correct this.

[Richard W]

Please see the sentece below from my letter:

"We have determined that you do not have a retained right of residence in the UK following divorce from your EEA or Swiss natioanl sponsor."

Actually, I am holding "retained right of residence" since 2014.

From your timeline, if all of your time in the UK has counted towards permanent residence, you held a retained right of residence from your divorce in 2014 until you acquired PR on 18 April 2017. When you acquired PR, you lost the retained right of residence.

That loss of the retained right of residence seems strange, but my guess that the intention of the law is that if you lose pemanent residence you can no longer go back to having a retained right of residence.

I am really confused. Richard, Would you say that an appeal is enough action in my case?

It really needs to be supported by a convincing explanation as to why you cannot produce your ex's ID. I think the case might progress through the courts until permanent residence is abolished.

[Richard W]

I applied for PR on 1st Feb 17 with ROR (gotten in 2014) and without ex's identity and I got my PR . I only used a covering letter and did not provide reason for not providing my ex's id. Unless the regulation has been modified, ID of ex was never a requirement in the application form for applicants with ROR.

It has been modified, but not directly. A new clause has been added to another regulation, and this regulation applies to several regulations about applications for residence cards of various descriptions.

[Hstepper07]

I applied for PR on 1st Feb 17 with ROR (gotten in 2014) and without ex's identity and I got my PR . I only used a covering letter and did not provide reason for not providing my ex's id. Unless the regulation has been modified, ID of ex was never a requirement in the application form for applicants with ROR.

It has been modified, but not directly. A new clause has been added to another regulation, and this regulation applies to several regulations about applications for residence cards of various descriptions.

Hmmm. I guess I was lucky as I applied on 1st Feb, same day it came into effect.
There is still an error however as HO said he did not retain his right of residence and he said he did.

[michela]

The same here, mine is refused too because didn't provide ex Id (sent in April this year). All other documents were absolutely fine and in full. Just our of interest, did anyone appeal and won without id (or by providing a copy in an appeal package) or better to send a new application and include original id? Seems like can it can be another 5 months if it is a new application, am i right? Also on the refusal letter there is nothing mentioned about reconsideration that few people mentioned here. What is the procedure for this?
Thanks everyone!

[suzuki1985]

The same here, mine is refused too because didn't provide ex Id (sent in April this year). All other documents were absolutely fine and in full. Just our of interest, did anyone appeal and won without id (or by providing a copy in an appeal package) or better to send a new application and include original id? Seems like can it can be another 5 months if it is a new application, am i right? Also on the refusal letter there is nothing mentioned about reconsideration that few people mentioned here. What is the procedure for this?
Thanks everyone!

Did they give you appeal rights?

[michela]

Yes,they did. Within 14 calendar days

[suzuki1985]

Can you please tell me about the refusal. Does it say,

"We have determined that you do not have a retained right of residence in the UK following divorce from your EEA or Swiss natioanl sponsor."

?

[michela]

Indeed, following by:
on the basis you have failed to evidence the identity of your sponsor in the form national identity card or passport.
and then regulation 21 (5) quoted

so they are offering to appeal or submit new application. My current visa is valid for another year and a half so i am guessing if i don't appeal i can submit a new application by the expiry date as they do not state any deadline for a new application.

[007RAHEEL]

My refusal says.
Your application is refused because you did not supplied your ex valid id.

[007RAHEEL]

If you re apply you will get same refusal until and unless you don't send current valid id.i would say go for appeal and send fresh application.

[michela]

That is on the second page at the top i assume?
Mine has this too, so they are mentioning this id situation twice, once in a formal clause refferring to 21 (5) and then again on page 2 before offering the options to move forward

[jay.ho]

My question is still there are no one even reply that is the photo copy is acceptable or not

[007RAHEEL]

Yes,they did. Within 14 calendar days

Appeal the decision and send fresh application.
Regarding reconsideration if you write to caseworker they hardly reply.

[Wise]

Michela.

Can you share the sort of documents you submitted apart from your ex ID

[007RAHEEL]

My question is still there are no one even reply that is the photo copy is acceptable or not

0300 123 2253 Call on this number to confirm.

[Wise]

Jay.ho

It is a petty there was no one to confirm what you're asking for. You need to send what you can get and hopefully your luck could shine.

Hope you have the valid one and not the expired one?

[Savagedior]

Hi everyone

Exactly same situation, applied ROR in may and today got refused with same reason, failed to provide sponsors ID or passport, therefore Secretary of State is not satisfied that I am direct family member of EEA or Swis national...

I already got RC from marriage with EEA national and now divorced and trying to get ROR. How I am not direct family member of EEA national if they already issued 4 years ago RC on marriage base...

Probably will appeal, I don't think my ex wife will give her ID

THANK

[007RAHEEL]

If they give you appeal right go for it without any delays.

[Savagedior]

Thanks for reply

They gave me both options: to submit new application or to appeal

[Uk2715]

Since I received my refusal letter on the ground of not submitting my ex ID , I have written to PAP and the public enquiry department of the home office but no reply. I am planning to make a fresh application with the photo copy of my ex ID card. Pls who is qualified to authenticate the ID for HO to accept it. Lawyer, Accountant, Clergy, Doctor. Pls I need answer.

[Jbkhan32]

Since I received my refusal letter on the ground of not submitting my ex ID , I have written to PAP and the public enquiry department of the home office but no reply. I am planning to make a fresh application with the photo copy of my ex ID card. Pls who is qualified to authenticate the ID for HO to accept it. Lawyer, Accountant, Clergy, Doctor. Pls I need answer.

Only notary public...
But no one can certified it unless seen original

[007RAHEEL]

Since I received my refusal letter on the ground of not submitting my ex ID , I have written to PAP and the public enquiry department of the home office but no reply. I am planning to make a fresh application with the photo copy of my ex ID card. Pls who is qualified to authenticate the ID for HO to accept it. Lawyer, Accountant, Clergy, Doctor. Pls I need answer.

You need valid original id to be certified it can be done by any solicitor.

[chkfarhan1]

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

Did you submit Certified copies of the ID with your application ?