Difficulty for non EEA applying to retain right of residence

Well i need to draw attention to applicant applying for a Retained Right of Residence under Regulation 18.

The UKVI has impose the new regulation 21(5), which slipped my attention, due to business over this last 6 months. It applies to application made on or after the 01-02-2017.

http://www.eearegulations.co.uk/Regs201 ... ulation_21

Applicant are required to provide passport or ID card of their EEA Family member when they apply for Residence Document.

Applicant are strongly advised to provide explanation which will engage regulation 42(1), otherwise they will find their application being refused.

http://www.eearegulations.co.uk/Regs201 ... ulation_42

This is more relevant to those applying for a Retained Right of Residence.

It is very puzzling why the Home Office is doing this, in the light of Barnett.

Is it applicable for those who are applying permanent right to reside after having retained rights of residence as well or just for Residence documentation?

I think it is not applicable for those who are applying under regulation 10 if they previously issued Residence documentation

It is applicable to everyone, married or not married.

[quote="Obie"]It is applicable to everyone, married or not married.[/quote]

Thank you Obie! Could you please advise if this is also applicable for someone who has already retained right snd his now applying for PR as a divorced person who has already been granted Retained Right?

There is someone in the forum who applied for PR after having retained his right and was refused as he did not provide id of the EEA. This is really worrying, how are we supposed to provide id of someone who we no longer knowthe whereabouts

It is applicable to everyone apparently. I find it most troubling, because what they have done is they have regulation 21(4) which invalidates an application due to failure to provide a passport.

Furthermore, Regulation 21(5) makes clear that it is applicable to Former family members also.

Therefore applicant are in the mercy of Home Office, and if you are refused because of that, you application is deemed invalid, and £25 will be taken from the £65 .

There is Regulation 42(1) but the feedback i am getting is that caseworkers don't tend to apply it.

Obie wrote:It is applicable to everyone apparently. I find it most troubling, because what they have done is they have regulation 21(4) which invalidates an application due to failure to provide a passport.

Furthermore, Regulation 21(5) makes clear that it is applicable to Former family members also.

Therefore applicant are in the mercy of Home Office, and if you are refused because of that, you application is deemed invalid, and £25 will be taken from the £65 .

There is Regulation 42(1) but the feedback i am getting is that caseworkers don't tend to apply it.

Thank you for clarification! I am now worried as i do not have EEA ID, don't even know is whereabouts

I personally not surprise at all because in some part of the country if not all the Council has been asking people to provide their EEA/non EU spouse in person if any of them intend to file a divorce against each other on EU route. But not seen anything to cause a general refusal for people already acquired Retained right of residence, on less the HO intend to play a hard ball on some specific applicants. As i have read someone here being refused for not providing the EX EU ID but i personally have concern about his immigration status row with the HO before he got the ROR through court.

THE BIGGEST QUESTION WAS WHY DID HOME OFFICE ISSUED THE ROR WITHOUT THE SO CALL EU ID BEFORE IF THEY NEED IT NOW? IF THEY ARE STUPID ALL THE LEGAL PEOPLE IN THE COUNTRY ARE NOT AM AFRAID!

1, This could be a stupid motive of pushing people around to look for something they can't get and get their application refused and expect them to start to fuel the legal system one way or the other.

2, Secondly, the EEA regulation 2016 was it recognized by the people in Brussels than the EEA regulation 2006, not sure!

I strongly believed it will not go down well and people affected should get prepared and just calm down and possibly apply for their PR through a Solicitor who knows what they are doing. And above all we should all wait and see how the Brexit negotiation progresses.

Good Luck to Everyone.

fatimahh wrote:

Obie wrote:It is applicable to everyone, married or not married.

Thank you Obie! Could you please advise if this is also applicable for someone who has already retained right snd his now applying for PR as a divorced person who has already been granted Retained Right?

There is someone in the forum who applied for PR after having retained his right and was refused as he did not provide id of the EEA. This is really worrying, how are we supposed to provide id of someone who we no longer knowthe whereabouts

This is applicable for those former spouses who wish to apply under regulation 12.
Regulation 12 is for family permit.(out of uk)
Please read this again and try to understand the law.
Non eea nationals who are already in the uk with retained rights of resident must provide the eea national passport if eea national changed their nationality.
If there is no change in the eea nationals nationality then non eea national must have to meet regulation 15(1)(f).and thats all

I am happy for you to make any conclusions that you make. But please don't confuse members on the forum.

There is noting in that provision, or the law, that suggest the provision applies to EEA national who have changed nationality, so please i will appreciate if you don't confuse forum members.

I can read properly, and there is no where in the provision that says it only apply to EEA national who had changed nationality.

Obie wrote:I am happy for you to make any conclusions that you make. But please don't confuse members on the forum.

There is noting in that provision, or the law, that suggest the provision applies to EEA national who have changed nationality, so please i will appreciate if you don't confuse forum members.

I can read properly, and there is no where in the provision that says it only apply to EEA national who had changed nationality.

Yes you are right.it is not in this provision.
It is applicable on other provision which is not a part of 21.

Obie, do you know if a certified copy of the ID would suffice?

Firstly the law says you need to provide justifiable reason why the ID cannot be produced, and then an alternative evidence has to be provided.

Therefore there are 2 strands to the law. Simply providing an certified copy will not suffice.

Obei,what is your thought on (Registration Blue Card) as an alternative Ex ID?.

It is stated on those documents that they are not identification documents and cannot be used for such purpose.

Alternative evidence mean could be anything not only photocopy.....

Regards

Jay

So how will one be able to provide ID of person they've seized relationship with? How do they know their whereabouts

Hi Everyone - I got my permanent residence card after being refused for not providing ex wife's ID. I re-submitted my application with emails I exchanged with my ex as an evidence that I tried my best to obtain the passport and they accepted it. I received my permanent card yesterday July 19, 2018.

s_bilal wrote: ↑

Fri Jul 20, 2018 7:33 pm

Hi Everyone - I got my permanent residence card after being refused for not providing ex wife's ID. I re-submitted my application with emails I exchanged with my ex as an evidence that I tried my best to obtain the passport and they accepted it. I received my permanent card yesterday July 19, 2018.

Congrats

s_bilal wrote: ↑

Fri Jul 20, 2018 7:33 pm

Hi Everyone - I got my permanent residence card after being refused for not providing ex wife's ID. I re-submitted my application with emails I exchanged with my ex as an evidence that I tried my best to obtain the passport and they accepted it. I received my permanent card yesterday July 19, 2018.

hey my friend u not send your Ex idd can u plz tell me what elas you send your Ex for PR applaction ?thx u

Abeythedon wrote: ↑

Fri Jul 20, 2018 11:04 pm

s_bilal wrote: ↑

Fri Jul 20, 2018 7:33 pm

Hi Everyone - I got my permanent residence card after being refused for not providing ex wife's ID. I re-submitted my application with emails I exchanged with my ex as an evidence that I tried my best to obtain the passport and they accepted it. I received my permanent card yesterday July 19, 2018.

Congrats

Congrats

Is it possible to send original driving license, photocopy of EEA national passport and other ID cards instead of original passport?

Hello Obie ,

I applied for PR after I was issued with ROR IN 2016 without EX ID, REGULATION 21(5) did not exist
I Emailed my ex and refused to give me her ID
i attached those emails on my application
in general do you think HO eased up a bit with this EX ID matter comparing to when the regulation was new Feb 2017 ?
and in my case do you think i have a little advantage as i have RC under ROR?

Regards .

Sorry to bump thread...

I have phoned the home office and they are stating sending a driving license is sufficient identity for my ex wife (ukrainian national) to apply for ROR is fine. On this forum i have read of refusals. Confused?

I work abroad often and isnt convenient for her to use my passport. I can provide lots of other ID and photocopies..

Any help is appreciated?