NON EEA PR REFUSED HELP NEEDED

It's says if you can't provide eea I'd you have to give the reason why you can't provide the id

Suzuki what you write down in your application ?

Thank you for your answers. I provided d37 decree absolute (divorce) document and i am holding ROR, so i did not provide any extra explanation. I thought, they would understand my situation. I made an appealed online and included the explanation and d37 decree absolute (document again). Finger crossed.

Did they give you appeal rights Or you did JR also did you send your BRP along your application ?

Hi,

My decision letter inluded the option to appeal.

suzuki1985 wrote: ↑

Sun Sep 03, 2017 1:46 pm

Your application has been considered under regulation 15(1)(f) and regulation 21(5) of the immigration (EEA) regulations 2016.
We determined that you dont have a retained right of residence in the UK following divorce from your EEA or Swiss sponsor.

That statement seems odd. If you were an EEA national, would you be a 'qualified person'? However, the statement may be true. When you acquire permanent residence, you lose the retained right of residence!

suzuki1985 wrote: ↑

Sun Sep 03, 2017 1:46 pm

In order to qualify for permanent residence under the EEA regulations, all applications must be accompanied by a sponsor`s EEA passport or national identity card.

Have you omitted the word 'card' here? The statement would, alas, be true if 'permanent residence' were replaced by 'permanent residence card' and the EEA Regulations were the fundamental definition of the law. However, Directive 2004/38/EC is more fundamental, which would make the demand for the sponsor's ID beyond the lawful powers of the Home Office.

suzuki1985 wrote: ↑

Sun Sep 03, 2017 1:46 pm

You have not provided either of these with your current application nor provided any evidence that this omission is due to circumstances beyond your control.

And here the Home Office backs down from Regulation 21(5). The problem is how to provide evidence of what seems obvious, but isn't true in every case. Sometimes the sponsor can be persuaded to make the ID card or passport available to the Home Office. (It seems it doesn't have to be provided by the applicant.)

Richard W ....

The applicant is divorced and how he\she can provide the id or passport to HO . This is strange and totally impossible.....

jay.ho wrote: ↑

Sun Sep 03, 2017 10:57 pm

The applicant is divorced and how he\she can provide the id or passport to HO . This is strange and totally impossible.....

As I understand it, the passport doesn't actually have to be sent with the application. The ex could send it in to 'join the application'.

Some divorced couples are in regular contact, e.g. because they have a child. Some members have had the assistance of their ex in making applications under the EEA regulations, e.g. in hunting for documentation of employment.

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 ???

Hi,

I dont even have copy of her passport or eea id.

jay.ho wrote: ↑

Mon Sep 04, 2017 1:36 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

Richard W wrote: ↑

Sun Sep 03, 2017 11:45 pm

jay.ho wrote: ↑

Sun Sep 03, 2017 10:57 pm

The applicant is divorced and how he\she can provide the id or passport to HO . This is strange and totally impossible.....

As I understand it, the passport doesn't actually have to be sent with the application. The ex could send it in to 'join the application'.

Some divorced couples are in regular contact, e.g. because they have a child. Some members have had the assistance of their ex in making applications under the EEA regulations, e.g. in hunting for documentation of employment.

Richard W noted please

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 ???

Hi,

Should I wait the answer from appeal? and/or should I re-apply in the meantime?

suzuki1985 wrote: ↑

Tue Sep 05, 2017 1:24 am

Hi,

Should I wait the answer from appeal? and/or should I re-apply in the meantime?

Nothing wrong if you re apply.
But atleast attach a copy of your ex id this time

Hi,

I am divorced and holding retained right of residence. I have no connection with my ex and we ended bad. I cannot add any id because i have no connection. It is impossible. I did not add any my ex id for my retained right application as well.

suzuki1985 wrote: ↑

Tue Sep 05, 2017 10:54 pm

Hi,

I am divorced and holding retained right of residence. I have no connection with my ex and we ended bad. I cannot add any id because i have no connection. It is impossible. I did not add any my ex id for my retained right application as well.

If we read the modernised guidence of retained rights of Residence then it is clearly saying to meet the requirements of 15(1)(f) after ror.
But regulation 21(5) is saying applicants must have to provide eea id unless there is a strong reason to not provide the eea national id.
What I understand is that applicants must have to explain the reasons of not providing eea nationals id.

Strong evidence what's do you mean by that it's more then enough that your divorce and he/she can't give you anything .....

But HO still refuse the application.....

I should add some letter but, i did not. I hope, I will have some good news from my appeal. I have to wait again.

(6) Where—

(a) there are circumstances beyond the control of an applicant for documentation under this Part;

Jbkhan32 wrote: ↑

Tue Sep 05, 2017 11:24 pm

suzuki1985 wrote: ↑

Tue Sep 05, 2017 10:54 pm

Hi,

I am divorced and holding retained right of residence. I have no connection with my ex and we ended bad. I cannot add any id because i have no connection. It is impossible. I did not add any my ex id for my retained right application as well.

If we read the modernised guidence of retained rights of Residence then it is clearly saying to meet the requirements of 15(1)(f) after ror.
But regulation 21(5) is saying applicants must have to provide eea id unless there is a strong reason to not provide the eea national id.
What I understand is that applicants must have to explain the reasons of not providing eea nationals id.

Please see the this one as well on same page


(6) Where—

(a) there are circumstances beyond the control of an applicant for documentation under this Part...

I could not see "strong reason" there. Please see the law:

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

I am divorced and have no connection with my-ex. it should be enough.

suzuki1985 wrote: ↑

Wed Sep 06, 2017 12:08 am

Jbkhan32 wrote: ↑

Tue Sep 05, 2017 11:24 pm

suzuki1985 wrote: ↑

Tue Sep 05, 2017 10:54 pm

Hi,

I am divorced and holding retained right of residence. I have no connection with my ex and we ended bad. I cannot add any id because i have no connection. It is impossible. I did not add any my ex id for my retained right application as well.

If we read the modernised guidence of retained rights of Residence then it is clearly saying to meet the requirements of 15(1)(f) after ror.
But regulation 21(5) is saying applicants must have to provide eea id unless there is a strong reason to not provide the eea national id.
What I understand is that applicants must have to explain the reasons of not providing eea nationals id.

Please see the this one as well on same page


(6) Where—

(a) there are circumstances beyond the control of an applicant for documentation under this Part...

I could not see "strong reason" there. Please see the law:

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

I am divorced and have no connection with my-ex. it should be enough.

Divorce itself is a strong reason to not provide eea id.
U r right but what was the outcome of your application?
Point is how to deal with this unjustified regulation 21(5)?

please see the 6 (a) please. I am holding ror, however they determined that i am not holding ror. I am divorced, What is my visa situation then right now? There is misunderstanding there. What shall i do then? give up? Anyway, i have appealed, i will let you know about result (it should take ages).

suzuki1985 wrote: ↑

Wed Sep 06, 2017 1:17 am

please see the 6 (a) please. I am holding ror, however they determined that i am not holding ror. I am divorced, What is my visa situation then right now? There is misunderstanding there. What shall i do then? give up? Anyway, i have appealed, i will let you know about result (it should take ages).

I am not expert but also in the same situation.my understanding is that,once a person attain PR status then he/she loose the status of retained rights of Residence.
It may be possible that you loose your retained rights status because you acquired PR status but home office is unable to confirm your PR status without looking eea id or your explanation that why such a circumstance are beyond your control and you are unable to provide your ex id.(but please don't trust on my words)

Jbkhan32 wrote: ↑

Wed Sep 06, 2017 1:34 am

suzuki1985 wrote: ↑

Wed Sep 06, 2017 1:17 am

please see the 6 (a) please. I am holding ror, however they determined that i am not holding ror. I am divorced, What is my visa situation then right now? There is misunderstanding there. What shall i do then? give up? Anyway, i have appealed, i will let you know about result (it should take ages).

I am not expert but also in the same situation.my understanding is that,once a person attain PR status then he/she loose the status of retained rights of Residence.
It may be possible that you loose your retained rights status because you acquired PR status but home office is unable to confirm your PR status without looking eea id or your explanation that why such a circumstance are beyond your control and you are unable to provide your ex id.(but please don't trust on my words)

I have no access to my ex-wife's EEA passport or national identity card. I have further no possibility to contact my ex-wife and obtain document.

suzuki1985 wrote: ↑

Wed Sep 06, 2017 1:46 am

Jbkhan32 wrote: ↑

Wed Sep 06, 2017 1:34 am

suzuki1985 wrote: ↑

Wed Sep 06, 2017 1:17 am

please see the 6 (a) please. I am holding ror, however they determined that i am not holding ror. I am divorced, What is my visa situation then right now? There is misunderstanding there. What shall i do then? give up? Anyway, i have appealed, i will let you know about result (it should take ages).

I am not expert but also in the same situation.my understanding is that,once a person attain PR status then he/she loose the status of retained rights of Residence.
It may be possible that you loose your retained rights status because you acquired PR status but home office is unable to confirm your PR status without looking eea id or your explanation that why such a circumstance are beyond your control and you are unable to provide your ex id.(but please don't trust on my words)

I have no access to my ex-wife's EEA passport or national identity card. I have further no possibility to contact my ex-wife and obtain document.

Thats what i am saying.you have a reason to not provide id.
But you have to address your situation to home office.

I have appealed on sunday and emailed them all the required docs. Can you tell me please shall take further action or just wait the answer from tribunal?

suzuki1985 wrote: ↑

Wed Sep 06, 2017 1:51 am

I have appealed on sunday and emailed them all the required docs. Can you tell me please shall take further action or just wait the answer from tribunal?

I think you have to re apply as well and explain to ho that circumstance are beyond your control and thats why you are unable to submit eea id.
In regulation 21(5) there is also a power to issue you a pr without eea id if you satisfy them.