Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
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loaiuk
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by loaiuk » Sat Jul 13, 2019 2:47 am
Hi everyone i applied for SETTLED STSTUS few months ago . Today they made the decision
Refused Settled Status under EU16 ( a ) Suitability assessment . They wrote I provided false information regarding my EU Family member residency proof . They said my wife didn't live with me on that address
I don't have APPEAL RIGHT / i do not have ADMINISTRATIVE REVIEW .
They told me to Leave the Country immediately. I am liable for detention if i don't leave
I married EU national for more then 8 years in the UK . i also had 5 years residency card which is now expired. my wife and i'm divorced now since march
Can i apply for ROR under EU LAW 2016 ? at least i will have appeal right
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secret.simon
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by secret.simon » Sat Jul 13, 2019 8:31 am
Before your divorce, was your EEA citizen wife living in the UK or had she left the UK? If she had left, when had she left the UK?
loaiuk wrote: ↑Sat Jul 13, 2019 2:47 am
Can i apply for ROR under EU LAW 2016 ?
You can apply for PR under the EEA regulations, if you can provide proof that your EEA citizen wife was either working or otherwise exercising treaty rights in the UK or had acquired PR in the UK for five continuous years while you were married to her.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
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spat
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by spat » Sat Jul 13, 2019 9:47 am
loaiuk wrote: ↑Sat Jul 13, 2019 2:47 am
Hi everyone i applied for SETTLED STSTUS few months ago . Today they made the decision
Refused Settled Status under EU16 ( a ) Suitability assessment . They wrote I provided false information regarding my EU Family member residency proof . They said my wife didn't live with me on that address
I don't have APPEAL RIGHT / i do not have ADMINISTRATIVE REVIEW .
Why they think your wife did not live
at the address you have provided?
On what basis they found that ?
What was the exact wordings for refusal? Please copy paste refusal wordings as it is
They told me to Leave the Country immediately. I am liable for detention if i don't leave
I married EU national for more then 8 years in the UK . i also had 5 years residency card which is now expired. my wife and i'm divorced now since march
Can i apply for ROR under EU LAW 2016 ? at least i will have appeal right
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spat
- Junior Member
- Posts: 90
- Joined: Fri Oct 26, 2018 3:47 pm
- Mood:
Post
by spat » Sat Jul 13, 2019 9:48 am
loaiuk wrote: ↑Sat Jul 13, 2019 2:47 am
Hi everyone i applied for SETTLED STSTUS few months ago . Today they made the decision
Refused Settled Status under EU16 ( a ) Suitability assessment . They wrote I provided false information regarding my EU Family member residency proof . They said my wife didn't live with me on that address
I don't have APPEAL RIGHT / i do not have ADMINISTRATIVE REVIEW .
They told me to Leave the Country immediately. I am liable for detention if i don't leave
I married EU national for more then 8 years in the UK . i also had 5 years residency card which is now expired. my wife and i'm divorced now since march
Can i apply for ROR under EU LAW 2016 ? at least i will have appeal right
Why they think your wife did not live
at the address you have provided?
On what basis they found that ?
What was the exact wordings for refusal? Please copy paste refusal wordings as it is
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Zerubbabel
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by Zerubbabel » Sat Jul 13, 2019 4:13 pm
Was she working? If yes, was she registered at the correct address with HMRC?
For EEA nationals, they check NIN records. But it's so easy to forget to update address with HMRC! If it's the case, their records won't be consistent with what you submitted.
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Zerubbabel
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by Zerubbabel » Sat Jul 13, 2019 4:21 pm
Sorry, I am reading again your message.
What was your situation when you applied for settlement?
I understand that you had a EEA family member in the past but it's expired now. Was it expired when you applied for settlement?
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Obie
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by Obie » Sat Jul 13, 2019 5:23 pm
I did advised OP that it is sensible for him to apply under the EEA Regulations first. Not sure why he did not.
EU16 is only relevant if the information is material to the outcome, not sure backed on what you have said, whether this was the case.
Smooth seas do not make skilful sailors
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Zerubbabel
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by Zerubbabel » Sat Jul 13, 2019 5:37 pm
Obie wrote: ↑Sat Jul 13, 2019 5:23 pm
I did advised OP that it is sensible for him to apply under the EEA Regulations first. Not sure why he did not.
EU16 is only relevant if the information is material to the outcome, not sure backed on what you have said, whether this was the case.
If his EEA family member residence was no longer valid and his sponsor is already divorced and gone, it means he is fully illegal. The HO wouldn't look twice.
