NON EEA PR REFUSED HELP NEEDED

[007RAHEEL]

I think it's good idea to send id copy explaining your situation.

[Shani7605]

Guys I went to see at least 3 different top immigration lawyers in London to discuss my case and inquire about providing my ex's original ID. All of them said a photo copy of a valid ID would do the job, it doesn't say anywhere in home office rules and regulations to provide an original ID of your sponsor after you've divorced. As per my understanding you have to provide original passport/ID if you're the applicant but providing a valid copy of your sponsor is fine. I had to pay hundreds of pounds just for consultation as two things were really bugging me 1) my ex would never give me her original ID 2) she has an employment gap of 97 days in 2014. I am planning to apply for PR as advised by my solicitor, I divorced after 4 years and 10 months of my marriage. I thought I'll have to apply for ROR before I'm eligible for PR but i was wrong. You can apply for PR even if you don't have ROR but your ex should have exercised treaty rights for continuous 5 years. I'll cover the employment gap by providing print out of emails she sent to different companies and recruitment agencies. Thanks

[trinity2008]

thank you very much for this updates. Because most of us here are in the same situation.

[007RAHEEL]

What if you don't have valid id ? Copy I have it's expired after divorce.

[Shani7605]

@RAHEEL007 I don't think photo copy of expired ID/Passport will be accepted as requirement is for a valid ID, an expired ID isn't valid.

[Hstepper07]

Guys I went to see at least 3 different top immigration lawyers in London to discuss my case and inquire about providing my ex's original ID. All of them said a photo copy of a valid ID would do the job, it doesn't say anywhere in home office rules and regulations to provide an original ID of your sponsor after you've divorced. As per my understanding you have to provide original passport/ID if you're the applicant but providing a valid copy of your sponsor is fine. I had to pay hundreds of pounds just for consultation as two things were really bugging me 1) my ex would never give me her original ID 2) she has an employment gap of 97 days in 2014. I am planning to apply for PR as advised by my solicitor, I divorced after 4 years and 10 months of my marriage. I thought I'll have to apply for ROR before I'm eligible for PR but i was wrong. You can apply for PR even if you don't have ROR but your ex should have exercised treaty rights for continuous 5 years. I'll cover the employment gap by providing print out of emails she sent to different companies and recruitment agencies. Thanks

I do not think you have been given the right info on ROR. You should notify HO immediately if your family member decides to leave the United Kingdom, or ceases to exercise a Treaty right or if you cease to be a family member.

You should apply for permission as soon as you divorce as soon as you divorce if not, you cannot count that time towards permanent residency. Maybe in your case, you were 2 months short of 5 years qualifying period therefore you may not need ROR.

[Shani7605]

Law says you can apply for PR if you have lived in the UK for continuous 5 years as per EEA rules. I was married to an EEA national for 4 years and 10 months and she was exercising treaty rights (which i will prove with her employment history, payslips, p60s etc). After divorce I have been exercising treaty rights and I have sufficient evidence to prove. My 5th anniversary will be in 3 weeks time and that's when I'll apply for PR. I'm not an immigration expert but I have visited top immigration lawyers in London who have advised the same i.e wait for a few weeks and apply for PR. Under EEA regulations you have many rights which exist but you can't see them. One of lawyers said that home office just confirms your status. If you tick all the boxes you automatically acquire PR. Applying now for ROR doesn't make sense when I can apply for PR in 3 weeks. Does it say in the law that it's compulsory to have an ROR before you apply for PR?

[Hstepper07]

Law says you can apply for PR if you have lived in the UK for continuous 5 years as per EEA rules. I was married to an EEA national for 4 years and 10 months and she was exercising treaty rights (which i will prove with her employment history, payslips, p60s etc). After divorce I have been exercising treaty rights and I have sufficient evidence to prove. My 5th anniversary will be in 3 weeks time and that's when I'll apply for PR. I'm not an immigration expert but I have visited top immigration lawyers in London who have advised the same i.e wait for a few weeks and apply for PR. Under EEA regulations you have many rights which exist but you can't see them. One of lawyers said that home office just confirms your status. If you tick all the boxes you automatically acquire PR. Applying now for ROR doesn't make sense when I can apply for PR in 3 weeks. Does it say in the law that it's compulsory to have an ROR before you apply for PR?

ROR status is not automatic. You have to inform HO of changes in your circumstance. I guess in your own case, you only have a few weeks left and it will be unreasonable to apply for ROR and then PR. Like you said, you have evidence that you were exercising treaty following your divorce and your ex was exercising treaty at the time of your divorce

[Richard W]

ROR status is not automatic.

Where does it say that?

[007RAHEEL]

What I understand from your post is if 5 years already completed then you don't need to apply for ROR. ?

[Richard W]

What I understand from your post is if 5 years already completed then you don't need to apply for ROR. ?

Correct. That's what I and Shani7605's legal advisors are saying. What bothers me about the advisors is the claim that a photocopy of the sponsor's ID will suffice. I'd like to know what that assertion is based on.

Of course, if the RC will expire before 5 consecutive years of being resident under the EEA Regulations is achieved, then a new RC on the basis of a Retained Right of Residence will be required for practical reasons.

[007RAHEEL]

Since Brexit lot of things has been changed personally I feel if your divorced they can't ask you to provide your ex id.

[Shani7605]

@Richard I have only shared what i was told by 3 different immigration experts and just to get an advice I paid hundreds of pounds. 2 of those said there's no need for the original ID or passport, a photo copy of a valid ID is fine. While third one said if I can get the original ID that would be great but if not then a photo copy is suffice.

I personally know someone who applied for an ROR application and were refused because they provided a photocopy of an expired passport. I have copied the text of his refusal letter below, word by word. Please read

"This department requires valid evidence of sponsor's identity with each application. As you have proven that you were able to obtain some documentation for the purpose of your application, this department would expect to see your sponsor's valid passport or identity card. You have only submitted a photocopy of an expired passport which means the copied document was not valid at the time of application and therefore cannot be accepted.

As you have provided other documentation from your sponsor this indicates that there is a level of communication and amicability between yourself and your former spouse, therefore we would expect that there would be no difficulty in obtaining a valid identity document."

Now, in this refusal letter it doesn't say anywhere that you didn't provide original ID/passport. It clearly states he failed to provide a valid ID/passport. I would love to send the original ID/passport if my ex is willing to give me but I know it for a fact she won't. I had to involve her mother to get her employment history, p60s etc and it took months.

P.S. Everything I share on this forum is my personal experience or my opinion. For legal advice please visit an expert. Thanks

[jay.ho]

My concern is in this refusal letter it's clear stated that you can provided the supported document mean you can provide the passport as well if you can provide the photocopy mean you can provide the original as well.
But after divorce it's impossible to provide the original one .

And of course if my ex want my original passport or BRP I will not provide as well in any circumstance.

It's a bit tricky the HO raise the question if you can provide everything why not id.....

Good luck to every one

Jay

[Shani7605]

@jay.ho No, it doesn't say that provide original passport. That particular application was refused because an expired passport photocopy was submitted and home office said they expect a valid passport not expired. I haven't read one post on this forum where applicant was refused on the basis of providing a photocopy but not original passport.

[jay.ho]

Shani7605....

Check on the PR GUIDE

Passports and identity documents must be originals – we will only accept alternative evidence of identity or nationality if you are unable to obtain or produce the required documents due to circumstances beyond your control. Copies of these documents will not be accepted. (Note: Online applicants only can have their passports verified, copied and submitted to the Home Office by a local authority participating in the European Passport Return Service. For further information see: www.gov.uk/government/collections/europ ... rn-service).

Other documents, such as marriage or birth certificates should be originals. If there is a valid reason for not being able to provide the original document you can send a copy certified by:

• a legal representative
• the body or authority which issued the original


Check this

[Shani7605]

@jay.ho As an applicant you cannot provide a photocopy of your own passport or ID. I was referring to photocopy of sponsors ID/Passport.

[Nikoletta12]

My concern is in this refusal letter it's clear stated that you can provided the supported document mean you can provide the passport as well if you can provide the photocopy mean you can provide the original as well.
But after divorce it's impossible to provide the original one .

And of course if my ex want my original passport or BRP I will not provide as well in any circumstance.

It's a bit tricky the HO raise the question if you can provide everything why not id.....

Good luck to every one

Jay

Can I travel if my application for retain right is pending in home office I got visa on till 2019 if someone guide me if I request my passport back for urgent travel call I travel and after coming back at airport everything will be fine or not. Please guide

[Nikoletta12]

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

Savagedior,
Can you travel on your current visa which is left for one year did they revoke your visa if not can you travel on this pls update.

[Nikoletta12]

7th August 2017

Suzuki1985 did u get hearing date??

[007RAHEEL]

My concern is in this refusal letter it's clear stated that you can provided the supported document mean you can provide the passport as well if you can provide the photocopy mean you can provide the original as well.
But after divorce it's impossible to provide the original one .

And of course if my ex want my original passport or BRP I will not provide as well in any circumstance.

It's a bit tricky the HO raise the question if you can provide everything why not id.....

Good luck to every one

Jay

Can I travel if my application for retain right is pending in home office I got visa on till 2019 if someone guide me if I request my passport back for urgent travel call I travel and after coming back at airport everything will be fine or not. Please guide

I would advise you don't travel until you don't get your decision due to high amount of refusal.

[suzuki1985]

7th August 2017

Suzuki1985 did u get hearing date??

Unfortunately, no. still waiting. I will update you guys. What about you? any progress?

[Nikoletta12]

7th August 2017

Suzuki1985 did u get hearing date??

Unfortunately, no. still waiting. I will update you guys. What about you? any progress?

My story is even as compared to all of you applied for application came back invalid and rejected after two months ho says declarations are not signed but my every declaration was signed now applied again it's been 5 weeks didn't hear anything.

[Nikoletta12]

7th August 2017

Suzuki1985 did u get hearing date??

Unfortunately, no. still waiting. I will update you guys. What about you? any progress?

My story is even worst as compared to all of you applied for application came back invalid and rejected after two months ho says declarations are not signed but my every declaration was signed now applied again it's been 5 weeks didn't hear anything.

[007RAHEEL]

Can't believe what they did seriously are you divorced ?