Confused

[Babila]

Hello guys
I am confuse about my refusal and I need your help.
Got married in 2012 and got granted 5 years residence under the EU family member rule.
Divorced in August last year and applied for ILR last December.
In Junuary I got the COA with the right to work.
Last Friday I got refusal starting that I did not provide my ex ID which I understand as I was aware of this when read others experience but they also said I provided expired passport which is not true (I provided 2 passports the one with my residence expired and the current one which gonna expire in January 2019) and the refused me the right to appeal. Is anyone knows how to do in this situation. Thanks for your help.

[soyerlife]

Do you have a solicitor ?

[Babila]

Yes I have but really need to know if cases like this exist and can be solved. HAVING NO RIGHT APPEAL! Thats where I am lost
Thank you

[Obie]

Well Home Office use to refuse without right of appeal, but from November last year they stopped as many challenges were sent to them .

At the moment i do not send a Pre Action protocol, as there is a right of appeal, so a notice is filed directly, and the tribunal has accepted jurisdiction.

[soyerlife]

I heard that judges are positive regarding not providing ex ID .but dont know why you have not right for appeal

[soyerlife]

Hi Obie ,
Is there a difference on how case worker see the case if you apply for PR after i was granted ROR following a divorce without me providing ex ID ?

Thank you.

[Obie]

Well I suppose it depends on presentation and the experience of the case worker.

There was a general problem in August last year, but since the 2 refusals in August last year which was subsequently overturned on appeal, there has never been a refusal on ID grounds without a right of appeal at least.

The last 2 were granted, without ID, but it may just be the caseworker that dealt with my cases.

All i know is, there must be a right of appeal. Treating those application as invalid by be something the regulation says is legal, but under EU law, it is not.

[jay.ho]

Hi kindly can you share the date please when you apply for PR and when you got refusal

Regards

[soyerlife]

I wasnt refused
I was just reading regulations on 2016 21 (5) as follow :

Refusals
You must refuse the application if the applicant:
• provides evidence of their own or the EEA national sponsor’s identity that is
either:
o forged
o counterfeit
• has not provided any proof that they are related to the EEA national sponsor
• does not provide enough evidence to show that they meet the conditions of
regulation 15(1)(f).....)

This is for applicant who have already ROR (second RC) . but if you go stright from RC to PR the regulation says case worker must refuse application without EEA ID .
Try jeruducal review and see what yoir solicitor advise on this ....

That is not Regulation 21(5), it is UKVI guidance.

[Obie]

I wasnt refused
I was just reading regulations on 2016 21 (5) as follow :

Refusals
You must refuse the application if the applicant:
• provides evidence of their own or the EEA national sponsor’s identity that is
either:
o forged
o counterfeit
• has not provided any proof that they are related to the EEA national sponsor
• does not provide enough evidence to show that they meet the conditions of
regulation 15(1)(f).....)

This is for applicant who have already ROR (second RC) . but if you go stright from RC to PR the regulation says case worker must refuse application without EEA ID .
Try jeruducal review and see what yoir solicitor advise on this ....

That is not Regulation 21(5), it is UKVI guidance.

That is not Regulation 21(5), it is UKVI guidance.

As a right of Appeal exist, JR may not be possible.

[Babila]

Afternoon guys
Please I have to my solicitors today but not really sure about what he told and need your advice. As I told you before, got refusal based on the ex ID and expired passport ( which is not true).
The solicitor told me today that we can make a fresh application by giving the evidence that we can have the ex id.
The problem is that my 5 years EU family member has expired last March but the solicitor keep telling me that it is not a problem which I find that curious.
Is it possible to reapply even that my 5 years have expired?

Thanks a lot guy

[Obie]

The solicitor does not seem to know what he is doing. You could apply but it makes sense to lodge an appeal of the decision also, as you have a right of appeal.

[soyerlife]

Hello Obie ,

sorry if inappropriate , but are you a solicitor we can contact you anyway ?
seems like I can apply with you as I don't have EX ID ....

Regards

[Babila]

Hello guys
Regarding my case I had an update and I need to know what can be the outcome.
Quick remind of my case
Got a refusal on the 6 April because:
- Expired passport provided ( Gave 3 passports to the lawer , 2 expired and 1 not expired. Do not know if he did a mistake and sent the expired ones. He still telling me that he sent the rights passports).
- Ex ID

So the lawer lodge the appeal on the 18 of April and I got an acknowledgment letter from the court on the 26. Yesterday the Lawer told me that the judge has requested to see my passports and that he will sent them this week. He also told me that he will join the scan Id of my ex on the passports.

Please is this a good sign?
If the lawer originally sent the expired passport when applying, is that gonna affect me even if the right passport is provided?
Can the judge makes a decision without the hearings?
Sorry to be long . Just need to have a clue on what is going on.
Please please I need you point of views.
Thanks a lot

[Babila]

Hello guys ,
Just coming to let you know about the surprise I had today. I appealed the decision of the Home office and the hearing was shedule on the 22nd of November but today I received my PR from the home office. Can't just understand what happened. So happy. Booked a flight half an hour ago. Just need some holiday. Good luck all of those who arr still waiting.