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My RC was valid until August 17, the solicitor applied on February, I don't know what my solicitor means by too early.
Sorry, my mistake, I just rather stressed right now.
If I could afford I would go all the way, but now I am at risk of losing my job. I don't know how long can I lie to them or wether I am braking the law already. The thing is no job, no house, no food, f***edWise wrote: ↑Fri Sep 22, 2017 6:03 pmYour Solicitor was right if she calculated your 5yrs residency from your marriage date which is March 2012 and not by your Resident card issued date. The person that issued that letter is not in his/her mind.
ANYWAY WELCOME ON BOARD. THAT'S THE NEW TASK GIVEN BY THE HO UNTIL IS CHALLENGE IN COURT.
psuch2 wrote: ↑Fri Sep 22, 2017 1:52 pmHello everyone. I just got a call from my solicitor. My Previous application was refused on the grounds that I didn't provide evidence of ID from my ex wife, and also the application was made too early.
The background is, I was married in March 2012, and separated on divorced in April 16. RC valid until August 16. My solicitor decided to send my PR application on February 16, although I knew it was too early I thought she knew better and let her handle it.
Now, she said I have no right to appeal but I can make a fresh application. What do you think is the best action to take, I absolutely cannot get any ID from my ex wife, she will not cooperate.
Thanks in advance.
That's great news, I absolutely cannot afford being out of work007RAHEEL wrote: ↑Fri Sep 22, 2017 9:09 pmpsuch2 wrote: ↑Fri Sep 22, 2017 1:52 pmHello everyone. I just got a call from my solicitor. My Previous application was refused on the grounds that I didn't provide evidence of ID from my ex wife, and also the application was made too early.
The background is, I was married in March 2012, and separated on divorced in April 16. RC valid until August 16. My solicitor decided to send my PR application on February 16, although I knew it was too early I thought she knew better and let her handle it.
Now, she said I have no right to appeal but I can make a fresh application. What do you think is the best action to take, I absolutely cannot get any ID from my ex wife, she will not cooperate.
Thanks in advance.
Make a new application you will get a right to work.
If it's any consolation, you're not breaking the law. As you already have permanent residence, you have the legal right to work, regardless of whether you have a residence card. However, obtaining the benefits you are entitled to after being sacked for not having a residence card might be difficult without a residence card.
My understanding is that PR was refused. Have I missed something?
I think what Richard W means to say is that from the OP's description, he has already acquired PR automatically under the EEA Regulations. What was declined was the application for a PR Card.
Thanks. I was preparing to go to SpecSaverssecret.simon wrote: ↑Sun Sep 24, 2017 2:02 pmI think what Richard W means to say is that from the OP's description, he has already acquired PR automatically under the EEA Regulations. What was declined was the application for a PR Card.
The card of itself does not confer any status but only certifies a state that already exists.
Because the OP already seems to have PR status (though not the card certifying it), he has the right to reside and work in the UK, but no direct way to prove the existence of such a right.
She is still residing in the UK.
I have contacted a new solicitor, since I lost faith on my current one, and he said something very similar to what you said. He suggested I get him a list of her employers from the past 5 years, he will then contact them and ask for a letter confirming she has worked from them. He said he will write a comprehensive cover letter stating that, due to the breakdown of our relationship I am not able to comply with the ID request. He also suggested that, if this new application is refused, we can go to court where a judge will perhaps be able to see this issue more clearly and be more lenient.Carling40 wrote: ↑Mon Sep 25, 2017 5:42 pmMy understanding was that the application for PR was "refused on the grounds that I didn't provide evidence of ID from my ex wife, and also the application was made too early".
The OP did not acquire PR status until March 2017, however the application was submitted in February 2017 so that refusal point may be justifiable.
On the second refusal reason however, I'm not aware of any changes in the regulations that make it mandatory to provide evidence of identity for an ex-spouse when there is decree absolute present (if anyone has it please share).
It is unreasonable for the SSHD to request such evidence from a divorced ex when their identity had already been established when the initial 5 year residence card was issued.
In my opinion you need to re-apply and state clearly you and your ex are not amicable and can not provide her ID just as you have said.
if the application then gets refused for that sole reason then you'll should seek help from your MP to get them follow it up for you and if that fails you'll have your day in court to challenge the ridiculous decision.
I'm guessing there are some new caseworkers processing these cases who don't have a clue what they're doing, goodluck and keep the board posted
Thank ls mate, I really appreciate that.