Retained Rights of Residence Application Refused

[trojanhorse]

Dear All,

I am really stressed right now, so I thought I will write my problem here so that I can get some insight into my problem from some professionals or anyone who has gone through same as I do.

I was married to an EEA national for over 8 years. Things didn't go well between us and we decided to get divorce in 2016 and my divorce was finalised in Mid 2017. My former spouse has not exercised treaty rights before 2013. But from 2013 until the time of divorce she was exercising treaty rights as a self employed person. At the time of divorce we were living together over 3 years, all of which was in the UK and at the time of separation and divorce she was exercising treaty rights as a self employed person and paying her taxes along with class 2 & 4 national insurance contributions.

I applied for an application for retained rights of residence (residence card) in October 2017. Kindly note I did not apply for a permanent residence as my former spouse had not worked continuously for a period of 5 years at the time of divorce.

My application was refused on the basis that I have not provided an original ID or Passport of my former spouse.

Our marriage ended bitterly and my former spouse would not want to do anything with me. She would never provide me with her ID or Passport, she even sent me an email that she will not give me her ID, which I printed and sent to the Home Office. My application was still refused solely on the basis that I have not provided an original ID or Passport with me application.

Can anyone kindly advice me as to what can I do in this situation, what are my rights and if anyone else has been in the same boat as I do now.

Kind regards,

x

[Malikss]

First of all dont take stress my brother cause stress is not gona change any thing just going to harm your health. So my advise is just take a chill pill.
Now coming to your question is home office gave you appeal right if yes then go for it and i am quite shure that you will definitely get visa through court.

[pola 23]

Hi..sorry to hear about your application but it happened with me too so I applied again on 11/10/2017 but waiting for reply.on which date you applied? And if you get appeal right then go to court.

[Obie]

The view is always formed, that if your EEA family can give you her self employment documents, then she should be able to provide her ID card.

I have seen about 6 refusal where they have said that.

I believe you should pursue an appeal.

[trojanhorse]

I have been given right of appeal and I have appealed against the decision. I was refused in the first week of January 2018. Divorce was finalised in 2017 hence all the self employment documents that I have are from 2017 and I have no new document from her.

[trojanhorse]

First of all dont take stress my brother cause stress is not gona change any thing just going to harm your health. So my advise is just take a chill pill.
Now coming to your question is home office gave you appeal right if yes then go for it and i am quite shure that you will definitely get visa through court.

thank you for your kind words. I have appealed against the decision.

[Jayjay2017]

I have been given right of appeal and I have appealed against the decision. I was refused in the first week of January 2018. Divorce was finalised in 2017 hence all the self employment documents that I have are from 2017 and I have no new document from her.

Sorry to hear about your refusal. Did you submit any documents prior to 2017?

[trojanhorse]

yes, bills, payslips etc etc

[Obie]

I have been given right of appeal and I have appealed against the decision. I was refused in the first week of January 2018. Divorce was finalised in 2017 hence all the self employment documents that I have are from 2017 and I have no new document from her.

As a matter of law, you are not request to provide any new evidence of her activity that postdates the divorce, however you must demonstrate that you meet the requirement of Regulation 10(5)(c) and 10 (6) from divorce to the time you acquire the right of Permanent Residence.

[trojanhorse]

Thank you for the information. I am not applying for permanent residence, I am applying for residence card on the basis that I have retained rights after divorce.