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NON EEA PR REFUSED HELP NEEDED

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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Savagedior
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Re: NON EEA PR REFUSED HELP NEEDED

Post by Savagedior » Sat Sep 09, 2017 11:52 pm

Thanks for reply

They gave me both options: to submit new application or to appeal

Uk2715
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Re: NON EEA PR REFUSED HELP NEEDED

Post by Uk2715 » Sun Sep 10, 2017 8:11 am

Since I received my refusal letter on the ground of not submitting my ex ID , I have written to PAP and the public enquiry department of the home office but no reply. I am planning to make a fresh application with the photo copy of my ex ID card. Pls who is qualified to authenticate the ID for HO to accept it. Lawyer, Accountant, Clergy, Doctor. Pls I need answer.

Jbkhan32
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Re: NON EEA PR REFUSED HELP NEEDED

Post by Jbkhan32 » Sun Sep 10, 2017 12:11 pm

Uk2715 wrote:
Sun Sep 10, 2017 8:11 am
Since I received my refusal letter on the ground of not submitting my ex ID , I have written to PAP and the public enquiry department of the home office but no reply. I am planning to make a fresh application with the photo copy of my ex ID card. Pls who is qualified to authenticate the ID for HO to accept it. Lawyer, Accountant, Clergy, Doctor. Pls I need answer.

Only notary public...
But no one can certified it unless seen original

007RAHEEL
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Re: NON EEA PR REFUSED HELP NEEDED

Post by 007RAHEEL » Sun Sep 10, 2017 3:32 pm

Uk2715 wrote:
Sun Sep 10, 2017 8:11 am
Since I received my refusal letter on the ground of not submitting my ex ID , I have written to PAP and the public enquiry department of the home office but no reply. I am planning to make a fresh application with the photo copy of my ex ID card. Pls who is qualified to authenticate the ID for HO to accept it. Lawyer, Accountant, Clergy, Doctor. Pls I need answer.

You need valid original id to be certified it can be done by any solicitor.

chkfarhan1
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Re: NON EEA PR REFUSED HELP NEEDED

Post by chkfarhan1 » Sun Sep 10, 2017 7:24 pm

Jbkhan32 wrote:
Mon Sep 04, 2017 6:41 pm
jay.ho wrote:
Mon Sep 04, 2017 12:36 am
I just read this


Original documents and translations
Passports and ID documents must be originals.
Documents submitted to prove a retained right of residence must also be originals.

You cannot accept photocopies unless there are exceptional circumstances and the applicant gives valid reasons for not being able to provide the original document.

In such circumstances, you can accept a copy certified by the body or authority which issued the original or by a notary.


It's mean HO accept photo copies right ???


Yes but only certified copies
Did you submit Certified copies of the ID with your application ?

007RAHEEL
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Re: NON EEA PR REFUSED HELP NEEDED

Post by 007RAHEEL » Mon Sep 11, 2017 9:51 pm

I think it's good idea to send id copy explaining your situation.

Shani7605
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Re: NON EEA PR REFUSED HELP NEEDED

Post by Shani7605 » Tue Sep 12, 2017 4:47 am

Guys I went to see at least 3 different top immigration lawyers in London to discuss my case and inquire about providing my ex's original ID. All of them said a photo copy of a valid ID would do the job, it doesn't say anywhere in home office rules and regulations to provide an original ID of your sponsor after you've divorced. As per my understanding you have to provide original passport/ID if you're the applicant but providing a valid copy of your sponsor is fine. I had to pay hundreds of pounds just for consultation as two things were really bugging me 1) my ex would never give me her original ID 2) she has an employment gap of 97 days in 2014. I am planning to apply for PR as advised by my solicitor, I divorced after 4 years and 10 months of my marriage. I thought I'll have to apply for ROR before I'm eligible for PR but i was wrong. You can apply for PR even if you don't have ROR but your ex should have exercised treaty rights for continuous 5 years. I'll cover the employment gap by providing print out of emails she sent to different companies and recruitment agencies. Thanks

trinity2008
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Re: NON EEA PR REFUSED HELP NEEDED

Post by trinity2008 » Tue Sep 12, 2017 9:14 am

thank you very much for this updates. Because most of us here are in the same situation.

007RAHEEL
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Re: NON EEA PR REFUSED HELP NEEDED

Post by 007RAHEEL » Tue Sep 12, 2017 2:04 pm

What if you don't have valid id ? Copy I have it's expired after divorce.

Shani7605
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Re: NON EEA PR REFUSED HELP NEEDED

Post by Shani7605 » Tue Sep 12, 2017 5:59 pm

@RAHEEL007 I don't think photo copy of expired ID/Passport will be accepted as requirement is for a valid ID, an expired ID isn't valid.

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Hstepper07
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Re: NON EEA PR REFUSED HELP NEEDED

Post by Hstepper07 » Tue Sep 12, 2017 6:46 pm

Shani7605 wrote:
Tue Sep 12, 2017 4:47 am
Guys I went to see at least 3 different top immigration lawyers in London to discuss my case and inquire about providing my ex's original ID. All of them said a photo copy of a valid ID would do the job, it doesn't say anywhere in home office rules and regulations to provide an original ID of your sponsor after you've divorced. As per my understanding you have to provide original passport/ID if you're the applicant but providing a valid copy of your sponsor is fine. I had to pay hundreds of pounds just for consultation as two things were really bugging me 1) my ex would never give me her original ID 2) she has an employment gap of 97 days in 2014. I am planning to apply for PR as advised by my solicitor, I divorced after 4 years and 10 months of my marriage. I thought I'll have to apply for ROR before I'm eligible for PR but i was wrong. You can apply for PR even if you don't have ROR but your ex should have exercised treaty rights for continuous 5 years. I'll cover the employment gap by providing print out of emails she sent to different companies and recruitment agencies. Thanks
I do not think you have been given the right info on ROR. You should notify HO immediately if your family member decides to leave the United Kingdom, or ceases to exercise a Treaty right or if you cease to be a family member.

You should apply for permission as soon as you divorce as soon as you divorce if not, you cannot count that time towards permanent residency. Maybe in your case, you were 2 months short of 5 years qualifying period therefore you may not need ROR.

Shani7605
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Re: NON EEA PR REFUSED HELP NEEDED

Post by Shani7605 » Tue Sep 12, 2017 7:23 pm

Law says you can apply for PR if you have lived in the UK for continuous 5 years as per EEA rules. I was married to an EEA national for 4 years and 10 months and she was exercising treaty rights (which i will prove with her employment history, payslips, p60s etc). After divorce I have been exercising treaty rights and I have sufficient evidence to prove. My 5th anniversary will be in 3 weeks time and that's when I'll apply for PR. I'm not an immigration expert but I have visited top immigration lawyers in London who have advised the same i.e wait for a few weeks and apply for PR. Under EEA regulations you have many rights which exist but you can't see them. One of lawyers said that home office just confirms your status. If you tick all the boxes you automatically acquire PR. Applying now for ROR doesn't make sense when I can apply for PR in 3 weeks. Does it say in the law that it's compulsory to have an ROR before you apply for PR?

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Hstepper07
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Re: NON EEA PR REFUSED HELP NEEDED

Post by Hstepper07 » Tue Sep 12, 2017 7:33 pm

Shani7605 wrote:
Tue Sep 12, 2017 7:23 pm
Law says you can apply for PR if you have lived in the UK for continuous 5 years as per EEA rules. I was married to an EEA national for 4 years and 10 months and she was exercising treaty rights (which i will prove with her employment history, payslips, p60s etc). After divorce I have been exercising treaty rights and I have sufficient evidence to prove. My 5th anniversary will be in 3 weeks time and that's when I'll apply for PR. I'm not an immigration expert but I have visited top immigration lawyers in London who have advised the same i.e wait for a few weeks and apply for PR. Under EEA regulations you have many rights which exist but you can't see them. One of lawyers said that home office just confirms your status. If you tick all the boxes you automatically acquire PR. Applying now for ROR doesn't make sense when I can apply for PR in 3 weeks. Does it say in the law that it's compulsory to have an ROR before you apply for PR?
ROR status is not automatic. You have to inform HO of changes in your circumstance. I guess in your own case, you only have a few weeks left and it will be unreasonable to apply for ROR and then PR. Like you said, you have evidence that you were exercising treaty following your divorce and your ex was exercising treaty at the time of your divorce

Richard W
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Re: NON EEA PR REFUSED HELP NEEDED

Post by Richard W » Tue Sep 12, 2017 8:33 pm

Hstepper07 wrote:
Tue Sep 12, 2017 7:33 pm
ROR status is not automatic.
Where does it say that?
A single cross of St. George would be better.

007RAHEEL
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Re: NON EEA PR REFUSED HELP NEEDED

Post by 007RAHEEL » Tue Sep 12, 2017 9:25 pm

What I understand from your post is if 5 years already completed then you don't need to apply for ROR. ?

Richard W
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Re: NON EEA PR REFUSED HELP NEEDED

Post by Richard W » Tue Sep 12, 2017 9:46 pm

007RAHEEL wrote:
Tue Sep 12, 2017 9:25 pm
What I understand from your post is if 5 years already completed then you don't need to apply for ROR. ?
Correct. That's what I and Shani7605's legal advisors are saying. What bothers me about the advisors is the claim that a photocopy of the sponsor's ID will suffice. I'd like to know what that assertion is based on.

Of course, if the RC will expire before 5 consecutive years of being resident under the EEA Regulations is achieved, then a new RC on the basis of a Retained Right of Residence will be required for practical reasons.
A single cross of St. George would be better.

007RAHEEL
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Re: NON EEA PR REFUSED HELP NEEDED

Post by 007RAHEEL » Tue Sep 12, 2017 10:43 pm

Since Brexit lot of things has been changed personally I feel if your divorced they can't ask you to provide your ex id.

Shani7605
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Re: NON EEA PR REFUSED HELP NEEDED

Post by Shani7605 » Wed Sep 13, 2017 9:42 am

@Richard I have only shared what i was told by 3 different immigration experts and just to get an advice I paid hundreds of pounds. 2 of those said there's no need for the original ID or passport, a photo copy of a valid ID is fine. While third one said if I can get the original ID that would be great but if not then a photo copy is suffice.

I personally know someone who applied for an ROR application and were refused because they provided a photocopy of an expired passport. I have copied the text of his refusal letter below, word by word. Please read

"This department requires valid evidence of sponsor's identity with each application. As you have proven that you were able to obtain some documentation for the purpose of your application, this department would expect to see your sponsor's valid passport or identity card. You have only submitted a photocopy of an expired passport which means the copied document was not valid at the time of application and therefore cannot be accepted.

As you have provided other documentation from your sponsor this indicates that there is a level of communication and amicability between yourself and your former spouse, therefore we would expect that there would be no difficulty in obtaining a valid identity document."

Now, in this refusal letter it doesn't say anywhere that you didn't provide original ID/passport. It clearly states he failed to provide a valid ID/passport. I would love to send the original ID/passport if my ex is willing to give me but I know it for a fact she won't. I had to involve her mother to get her employment history, p60s etc and it took months.

P.S. Everything I share on this forum is my personal experience or my opinion. For legal advice please visit an expert. Thanks

jay.ho
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Re: NON EEA PR REFUSED HELP NEEDED

Post by jay.ho » Wed Sep 13, 2017 2:38 pm

My concern is in this refusal letter it's clear stated that you can provided the supported document mean you can provide the passport as well if you can provide the photocopy mean you can provide the original as well.
But after divorce it's impossible to provide the original one .

And of course if my ex want my original passport or BRP I will not provide as well in any circumstance.

It's a bit tricky the HO raise the question if you can provide everything why not id.....

Good luck to every one

Jay

Shani7605
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Re: NON EEA PR REFUSED HELP NEEDED

Post by Shani7605 » Wed Sep 13, 2017 2:54 pm

@jay.ho No, it doesn't say that provide original passport. That particular application was refused because an expired passport photocopy was submitted and home office said they expect a valid passport not expired. I haven't read one post on this forum where applicant was refused on the basis of providing a photocopy but not original passport.

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