PR Application and eea id

[bisiobe]

Hi obie

Any advice for my own please

[Obie]

Hi obie

Any advice for my own please

I am not sure what your grounds are and whether you had asked for the discretion under regulation 42.

I find that in these type of cases, the groundwork are set from application stages.

[soyerlife]

I just called UK visa & immigration asking about ex ID when apply for PR , they said if you already retained right it means you are considered as independent and your ex ID is not a must
I obviously cannot trust that but has given some hope ......

[psuch2]

I am in a similar situation.
I have made what is now my third application for PR,following a divorce after 5yrs. All three times were refused for lack of ID. On mas curebt application, which was made in the 14th or March, I managed to get letters from her employers covering all 5 years on continuous employment. But not her ID, instead I sent a copy of the emails I sent her requesting her passport. I expect to have a negative response again, and after reading some of the comments I am worried.
I hope I can be successful if I need to appeal, but I am starting to doubt my chances.
I am already struggling to find work when all I have to show is the COA letter.

[bisiobe]

Would it help showing the email I sent to my ex partner requesting his ID to court.

[pola 23]

I am in a similar situation.
I have made what is now my third application for PR,following a divorce after 5yrs. All three times were refused for lack of ID. On mas curebt application, which was made in the 14th or March, I managed to get letters from her employers covering all 5 years on continuous employment. But not her ID, instead I sent a copy of the emails I sent her requesting her passport. I expect to have a negative response again, and after reading some of the comments I am worried.
I hope I can be successful if I need to appeal, but I am starting to doubt my chances.
I am already struggling to find work when all I have to show is the COA letter.

Hi.so after divorce you didn’t apply for ROR? they refused your application three times and you didn’t go to court?

[psuch2]

I am in a similar situation.
I have made what is now my third application for PR,following a divorce after 5yrs. All three times were refused for lack of ID. On mas curebt application, which was made in the 14th or March, I managed to get letters from her employers covering all 5 years on continuous employment. But not her ID, instead I sent a copy of the emails I sent her requesting her passport. I expect to have a negative response again, and after reading some of the comments I am worried.
I hope I can be successful if I need to appeal, but I am starting to doubt my chances.
I am already struggling to find work when all I have to show is the COA letter.

Hi.so after divorce you didn’t apply for ROR? they refused your application three times and you didn’t go to court?

I followed my solicitors advice. My first application was a complete mess, the solicitor at the time sent a PR application before divorce was completed, not enough evidence of my partner continous 5 employment, all in all a complete mess. And I assumed at the time it was ROR application. Second application I changed to a different solicitor and we managed to gather all evidence possible, but not my ex wife ID. When the second application was denied by HO, he asked me to email my ex wife on three different occasions and to include the print out emails to a new application. I wanted to appeal, but the solicitor wanted to reapply, and since he agreed to do it free of charge I agreed with him.
I am now convinced the HO will refuse my application again.
Unfortunately in the meantime I have lost my job and I am struggling financialy. I don't how I will be able to afford paying a solicitor to help me appeal. I don't feel confident enough to do it on my own.
I am hoping when the time to appeal comes someone in this forum could help me.
I am still unsure whether a paper only appeal would be enough.

[psuch2]

I am in a similar situation.
I have made what is now my third application for PR,following a divorce after 5yrs. All three times were refused for lack of ID. On mas curebt application, which was made in the 14th or March, I managed to get letters from her employers covering all 5 years on continuous employment. But not her ID, instead I sent a copy of the emails I sent her requesting her passport. I expect to have a negative response again, and after reading some of the comments I am worried.
I hope I can be successful if I need to appeal, but I am starting to doubt my chances.
I am already struggling to find work when all I have to show is the COA letter.

Hi.so after divorce you didn’t apply for ROR? they refused your application three times and you didn’t go to court?

I followed my solicitors advice. My first application was a complete mess, the solicitor at the time sent a PR application before divorce was completed, not enough evidence of my partner continous 5 employment, all in all a complete mess. And I assumed at the time it was ROR application. Second application I changed to a different solicitor and we managed to gather all evidence possible, but not my ex wife ID. When the second application was denied by HO, he asked me to email my ex wife on three different occasions and to include the print out emails to a new application. I wanted to appeal, but the solicitor wanted to reapply, and since he agreed to do it free of charge I agreed with him.
I am now convinced the HO will refuse my application again.
Unfortunately in the meantime I have lost my job and I am struggling financialy. I don't how I will be able to afford paying a solicitor to help me appeal. I don't feel confident enough to do it on my own.
I am hoping when the time to appeal comes someone in this forum could help me.
I am still unsure whether a paper only appeal would be enough.

Just an update. My PR was granted. Received a call from my solicitor this morning!

[Abeythedon]

Congrats really happy for you.

[aammi]

hi raheel did you get any response from HO as i have a same case as you i got refused from PR because i did not provide idd but a cannot as am separated from 2 years and she is not willing to give me her idd as we are in the dispute of divorce.

[kenev2v3]

I am in same boat. About to apply and don't know what evidence to sent. Please share what you included in application and if it was successful. For example am planing include a cover letter in which there are attachments of divorce petition as evidence we are separated and in the process of divorce, emails with spouse in which there's refusal to give a passport as circumstance beyond my control, employment history from HMRC and also a section explaining that I don't necessarily need to submit her ID backed by the Barnnet case law.

In the cover letter I have also been proactive by challenging just in case they want to refuse on the basis I was able to obtain employment history but not passport, that employment documents don't carry the same measure of importance as a passport or id card as they are now available electronically and can be easily replaced and would not restrict mov't and job opportunities.

Any ideas if this approach is a good one will be very much appreciated. Many Thanks

[vinny]

EA026992018 [2018] UKAITUR EA026992018 (26 November 2018).

EA083462017 [2019] UKAITUR EA083462017 (8 March 2019).

EA018522018 [2019] UKAITUR EA018522018 (10 April 2019).

[Obie]

I believe the last case you helpfully cited has now been converted to a reported decision and can be used as authority in the FTT, and persuasive at the UT.
Given the importance of this matter, I shall now make this a sticky topic.

It think it is disgraceful that it took almost 2 years of agony before there is a ruling that the ID requirements for former spouses is wrong.


Rehman (EEA Regulations 2016 - specified evidence) [2019] UKUT 195 (IAC)

[vinny]

Tribunal blows hole in mandatory application process for EU law residence documents