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Non-EEA retain right of residency refused by HO.

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Papalogic
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Non-EEA retain right of residency refused by HO.

Post by Papalogic » Tue Oct 24, 2017 5:06 pm

Please people, I recently divorced my EEA partner after four years off been married without kids. Having my five years residency permit already, I applied for my Retain Right of residency a year after with six months left in my visa to run out.

Despite providing all the necesary document including pay P60 for all the period we where both married abt working. But I was refused residency card because I didn’t provide my ex wife passport or ID on the application and didn’t show any evidence of trying to obtain it. Now am very confused as I didn’t have the certified copy of her ID plus she refusing to cooperate. I don’t know what to do. What’s your advice? I have fourteen days to appeal and by the time the refuser letter got to my repressentative, the fourteen days has already passed.
My lawyer is advising me to appeal the decision but am scared and seriously very confused. Any advice will be very appreaciated. Do you think appeal is my best option? Even thou I have a British child now from a British lady.

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Casa
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Re: Non-EEA retain right of residency refused by HO.

Post by Casa » Tue Oct 24, 2017 5:28 pm

Papalogic wrote:
Tue Oct 24, 2017 5:06 pm
Please people, I recently divorced my EEA partner after four years off been married without kids. Having my five years residency permit already, I applied for my Retain Right of residency a year after with six months left in my visa to run out.

Despite providing all the necesary document including pay P60 for all the period we where both married abt working. But I was refused residency card because I didn’t provide my ex wife passport or ID on the application and didn’t show any evidence of trying to obtain it. Now am very confused as I didn’t have the certified copy of her ID plus she refusing to cooperate. I don’t know what to do. What’s your advice? I have fourteen days to appeal and by the time the refuser letter got to my repressentative, the fourteen days has already passed.
My lawyer is advising me to appeal the decision but am scared and seriously very confused. Any advice will be very appreaciated. Do you think appeal is my best option? Even thou I have a British child now from a British lady.
Your post has no relevance to the Brexit Referendum. I've moved it to the correct sub-forum
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Jbkhan32
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Re: Non-EEA retain right of residency refused by HO.

Post by Jbkhan32 » Tue Oct 24, 2017 6:52 pm

Papalogic wrote:
Tue Oct 24, 2017 5:06 pm
Please people, I recently divorced my EEA partner after four years off been married without kids. Having my five years residency permit already, I applied for my Retain Right of residency a year after with six months left in my visa to run out.

Despite providing all the necesary document including pay P60 for all the period we where both married abt working. But I was refused residency card because I didn’t provide my ex wife passport or ID on the application and didn’t show any evidence of trying to obtain it. Now am very confused as I didn’t have the certified copy of her ID plus she refusing to cooperate. I don’t know what to do. What’s your advice? I have fourteen days to appeal and by the time the refuser letter got to my repressentative, the fourteen days has already passed.
My lawyer is advising me to appeal the decision but am scared and seriously very confused. Any advice will be very appreaciated. Do you think appeal is my best option? Even thou I have a British child now from a British lady.

Use your appeal right as this is totally unfair decision
As a father of a British child you are also eligible for discretionary leave to remain

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observer_haters
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Re: Non-EEA retain right of residency refused by HO.

Post by observer_haters » Tue Oct 24, 2017 7:00 pm

Jbkhan32 wrote:
Tue Oct 24, 2017 6:52 pm
Papalogic wrote:
Tue Oct 24, 2017 5:06 pm
...I recently divorced my EEA partner after four years off been married without kids.
Use your appeal right as this is totally unfair decision
As a father of a British child you are also eligible for discretionary leave to remain

Obie
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Re: Non-EEA retain right of residency refused by HO.

Post by Obie » Tue Oct 24, 2017 7:40 pm

Papalogic wrote:
Tue Oct 24, 2017 5:06 pm
Please people, I recently divorced my EEA partner after four years off been married without kids. Having my five years residency permit already, I applied for my Retain Right of residency a year after with six months left in my visa to run out.

Despite providing all the necesary document including pay P60 for all the period we where both married abt working. But I was refused residency card because I didn’t provide my ex wife passport or ID on the application and didn’t show any evidence of trying to obtain it. Now am very confused as I didn’t have the certified copy of her ID plus she refusing to cooperate. I don’t know what to do. What’s your advice? I have fourteen days to appeal and by the time the refuser letter got to my repressentative, the fourteen days has already passed.
My lawyer is advising me to appeal the decision but am scared and seriously very confused. Any advice will be very appreaciated. Do you think appeal is my best option? Even thou I have a British child now from a British lady.
You are very fortunate to have an appeal, i believe it is a change of policy.

The actual Regulation, treats people who don't provide the ID as people who have made an invalid application, they therefore refuse them a right of appeal, as regulation 2 states that an invalid application is not an EEA decision, with the consequence being that no right of appeal exist under Regulation 36.
Smooth seas do not make skilful sailors

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