Ror application refused no ex id

[Pillar644]

Hi,

After divorce, My retained rights of residence ROR refused because no ex Id. Confused on what to do ex won't give Id

Applied: oct 2017
Refused: February 2018 but received letter in march 2018
Appealed: march 27th 2018

no reply from court yet and no letter from court yet on how to pay 140 oral hearing fee. Nothing yet from court. What do I do ? Has anyone got ror/permanent residence without ex Id? And what could be going on now that I just appealed even without fee through card payment as I expect the court to send letter for bank to bank transfer as I told they do.

[Pillar644]

Is it possible for appeal to be allowed without going court? Even though I requested for oral hearing ?

[Obie]

Did you ask for the discretion to be exercised in your favour and give reasons why.

[Pillar644]

I asked for the decision to be set aside it is a breach of my rights . Since I met all requirements but hasn't provided ex Id but has provided decree absolute

[Pillar644]

I gave reasons why, that I went through dv while married etc

And I asked for the HO decision to be set aside as it breaches my rights to ror/permanent residence

[Obie]

When you applied for the card, did you give reasons why they should exempt you from the ID requirement.

Factors need to be set out and if they refuse to accept, then an appeal will have a good prospect of success.

[Pillar644]

Thanks obie for your reply.. when I applied I gave the reasons for not having ex Id. I mentioned I passed through dv in the marriage and provided a gp report confirming that .. I also I was referred for counselling. They refused and said that I mentioned dv and for the ho to accept dv they need medical report, police report and any other evidence . And that because I have not provided any that they can't fully accept the claim.


My appeal mentioned that it was misrepresentation of facts to say I have not provided any cos I supplied gps report and that am currently going through counselling now as a result of what I passed so that there is enough evidence to support the claim and that I have been legally here for 5 years even though 2 as a student and 3 plus as a married partner

[Obie]

You have to show your wife was exercising treaty rights at time of divorce to qualify. Your time as student will not be considered.

[Pillar644]

I have stated they did not disput that cos she was working and has permanent residence so they only mentioned I need her id for ror . I have appealed on the provision of Id that the marriage has permanently broken down .. so what's next and how does it work after appeal I didn't pay the appeal fee but has submitted that the decision to be set aside. It's one month now and I have not heard anything from court or ho

[Pillar644]

I mention the factors to exempt me from providing Id as dv

[Pillar644]

Cos the issue is she will never give me her id.. and the ho said in the refusal that I need ex id

[Obie]

What about evidence of her employment.

[Pillar644]

She won't provide any as well .. but she has permanent resisdence after working for 5 years .. but I have one old payslip of hers and her employment contract from amazon

[Pillar644]

It was considered under regulation 10 and 21(5) and the refusal was for ex valid Id

[Obie]

A huge fight ahead. But it is winnable.

[Pillar644]

Ok thanks . The refusal letter said I can reapply when I have her Id.. there was no time limit for me to do so..

The refusal letter also mentioned that I have not shown prove of my inability to obtain/provide her Identity due to circumstances beyond my control. How can I show she she refused or will refuse to provide id..

My question is do people manage to win ROR without Id? Can Anyone shade more light on this .

[Pillar644]

I have appealed but it's one month in two days .. how long does it take for the court to send bank details for fee to be taken..

is it possible that they have processed the appeal even without payment and sent copy to HO to see if they wish to defend my appeal grounds/notice or review/reconsider my application

[soyerlife]

I believe you are lucky they did not mention her treaty right on the refusal
ex ID Can be challenged in the court ...

[Pillar644]

Thanks.. I must be lucky then .. I think the treaty rights prove is not needed if she already obtained permanent residence. i hope I manage to get out of this tight position .. how I can one provide if of someone u are divorced with ? We will still be married if she is happy to give Id .. I mean divorce means the couples had problems not a prove that the couples was Romeo and Juliet ..

[soyerlife]

you will be fine man , just have a deep breath and look for a good barista
check in this forum as they seem to have a great knowledge and experience

[Obie]

Some Judges do apply the law and act in a pragmatic way. In a recent case this is what the judge stated. So there is hope for success if the only issue is ID.

[Pillar644]

In which forum ? I was employed before the divorce and after the divorce too still employed too.

Asking for ex I'd looks some how.. if someone manages to bring Id and payslips from ex wife after divorce.. the ex must be an angel from heaven to corporate to give personal details to supports ones application.

Thanks obie and soyerlife.. atleast I have little hope even if it's 30 percent hope to hold on to

[Pillar644]

Thanks for the doc obie seems like I have a 50 percent chance now then lol

[Pillar644]

But how long is the time frame to receive appeal acknowledgement from ftt or letter directing me to make 140 bank transfer ?

[Obie]

Probably your appeal was not properly filled or sent to the right place. The tribunal normally send acknowledgment within week or 2 upon receipt and shortly after that fee request are made if one had not been paid.