Retain Right of Residence Application 2019 Refused

Hello There ,
Please help me to guide for Retain Right of Residence. I married EEA Citizen on January 2014, we lived Together in London since February 2013 to September 2016. After marriage we live together about 2 years and 8 months. I apply for RC on feb 2014 and received on April 2014. After sept 2016 we have problem so she moved out from my house on sept 2016. she living somewhere in Yorkshire.

Divorce start on May 2017 and finalise on July 2018.

Apply for retain right on July 2018. HO refused application because of ID card or Passport not provided with application . She refused to provide any ID to me so I applied without it and include cover letter . But Home office refused the application on the ground of not providing ex’s-ID .

I did paper appeal and it also refused saying require Passport or ID card of former wife not provided . I appeal on Sept 2018 and the court give decision on 8th ofAug 2019 after nearly a year and not in my favour.

I try to get her ID so many times she refused every time . She always said do not apply visa if you need my id . Every time I call her she do not pick My phone. and change number , blocked on Facebook and deactivate email address . only I know is her address and I been there to see her 2/3 times and only once I met her . Only help I get from her after divorce is she provide me some payslips. During sept 2017 she took every docs on her name but left bank statements so I got evidence that we live together .

Pleas help what will be the best way to apply now, there is no way I can get her ID or passport or any other docs now on.

For the Retained Right of Residence, you have to show that you have been married for at least 3 years to the EEA national before starting the divorce proceedings.

If you married in January 2014, you have to show that the divorce was initiated on or after February 2017. This is to show full 3 years marriage to an EEA national.

As your divorce started on May 2017, you are OK with that timeline.

You also lived more than 1 year together which is also a requirement.

What did the court say? I know it wasn't on your favor but was any other reason stated?

Zerubbabel wrote: ↑

Tue Aug 13, 2019 10:12 pm

For the Retained Right of Residence, you have to show that you have been married for at least 3 years to the EEA national before starting the divorce proceedings.

If you married in January 2014, you have to show that the divorce was initiated on or after February 2017. This is to show full 3 years marriage to an EEA national.

As your divorce started on May 2017, you are OK with that timeline.

You also lived more than 1 year together which is also a requirement.

What did the court say? I know it wasn't on your favor but was any other reason stated?

He couldn't provide his ex wife's ID card/passport

decision :
The requirement to provide his former wife’s ID card or passport is mandatory and having failed to provide it, the appellant has made as invalid application and his appeal can not succeed .

Note of decision :
The appeal is dismissed.
No anonymity direction is made .

If anyone get RC with out providing ex iD . Please advice me the best way to apply .

Hi,

Regarding your refused application and appeal, did you show evidence that you requested for her passport/ID and that she totally refused to give it to you. Evidence like WhatsApp conversations or email correspondence. This may help a new application.

Lexy06 wrote: ↑

Sat Aug 17, 2019 9:16 am

Hi,

Regarding your refused application and appeal, did you show evidence that you requested for her passport/ID and that she totally refused to give it to you. Evidence like WhatsApp conversations or email correspondence. This may help a new application.

I provide some text messages while appeal but not at the time of apply for RC. But now she totally refused my texts . sometime pick the phone up but straightway said can not provide the ID or Passport .

I will strongly suggest you appeal against that decision.

The Upper Tribunal has ruled that if you applied before and succeeded, then in future application good reason must be given if the Home Office requires ID again.

Obie wrote: ↑

Tue Aug 20, 2019 1:55 am

I will strongly suggest you appeal against that decision.

The Upper Tribunal has ruled that if you applied before and succeeded, then in future application good reason must be given if the Home Office requires ID again.

Thank you very much for your reply Obie . I will do that, And let here know the decision . About the ID of my former wife she got marriage now and have a son from new husband also she changed her surname on her passport . Just to let know our divorce process took about 1 year 3/4 months , during that time she went back to her home country and married a guy .

Divorce start 2017 May
Divorce finalise on July 2018 .

Now I come to know from one of our friend that she marriage on May 2018 before decree absolute . She register her marriage on her country with out mentioning about previous marriage with me.

This is the reason she refused to show and give me her ID as our friend told me.

It’s a bit difficult situation now for me .

This is very interesting, i do not know if photocopy of her passport bio data page could have help

Hello guys, I appeal against that decision at The Upper Tribunal on 23rd Aug, 2019. Still not the decision come out. Does anyone know normally how long the court take times on this kind of case. I phoned them quite few times they always said the case is pending.

Why are you not applying SETTLED STATUS under EU Settlement ?

It's already 5 years . When i applied for Settled Status i only uploaded my Ex Wife ID photocopy . And i am sure plenty of people here in this forum send application without Ex wife ID / Passport and home office hasn't rejected their application yet. Rules under EU settlement is very relaxed compare to Rules under EU LAW

Thank you askmeplz82 for your reply . Can I apply ? I even do not have her valid ID photocopy with me . She make new passport and ID card . The copy I have is not valid. Also what sort of documents do I need to send to apply for settle status ? Pls advice me what documents you sent to HO. I will do that .

Good evening everyone,
I just received a letter form court . Could you please explain me .

1. The President has delegated to me his power of Review under Rule 35 of the Tribunal Procedure(First-tier Tribunal) (Immigration and Asylum Chamber) Rules 14.

2. The appellant sought permission to appeal, in time , the decision dismissing his appeal, that appeal having been against the respondent,s refusal of his application for a Residence card as the former family member of an EEA nation exercising treaty right in UK who retain a right of Residence following the end of marriage to EEA nation , under regulation 10 of the immigration regulations 2016.

3. I have considered the decision of first-tier tribunal Judge , determined on the papers as requested by the appellant and promulgated on xx July 20xx . subject to consultation with the parties , I propose to review that decision under rule 35, set aside the decision and order the relevant proceeding to be dealt with again by the Tribunal .

4. I do so because I am satisfied that the decision contains a clear error of law and that it is in the interests of justice to do so . The only adverse finding by the respondent was the appellants failure to provide an identity document for his former wife ,EEA nation he relied upon , so that requirement of regulation 21(5) of the regulations was not met .

5. The decision is very short, consisting of four brief paragraphs. The judge describes the requirement to produce an identity document as mandatory and failure to do so as rending the application for Residence card invalids and the appeal one that can not succeed. No regard has been had to regulation 42(1) of the Regulations, which allows the Secretary of State to accept alternative evidence of identity . The appellant has been issued with a Residence card in the past by reaching of his marriage and it is apparent that his wife’s identity has been accepted by the respondent in other applications.

6. The parties have 14 days from the date hereof to make representation why the decision should not set aside and listed for hearing a fresh before a judge other than Judge xxxxxxxxxxx . Any representations made and received will considered before the review under Rule 35 is completed.


Please advice me what do I need to do now ????

Helli bro.


Just apply for settled status.


My situation was same like you..retained rights were refused and ..later last december i got new residence card bcoz my current partner is eu citizen...so when i apply for settlement scheme with my new partner ..then after few days i got call from home office bcoz they found my all details in system and the lady said bcoz u were married before and it was last more than 5yrs so if i could send them just proof of my previous marriage certificate and divorce certificate then i am able to get settle status and then i sent them my previous marriagr and divorce certificate ..just after some hours i got email confirming my settled status...


So better apply for settlement scheme and send them proof of divorce and marriage certificate...hopefully u will get also ILR.

Thanks Rkohdi for your reply but I have case pending on court so I’m not sure till now what to do . Once the hearing done I will apply for that .

Same as mine
After my settled status application 2 month in process had issue issues with my spouse and laid allegation which progress to court trial.have been told that application on hold until matter is solved.