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Application Refused
Posted: Fri Nov 24, 2017 11:45 pm
by Tangrof
Hello,
Saw this forum so I decided to try if it really work as helping people that are in the difficult position.
got married to an EEA in 2012 .marriage was annulled in September 2016.
I submitted an application for right to remain through a Solicitor. Solicitor went to apply for PR. Got rejected that I can appeal or make a new application. I challenged my solicitor that why did he apply for PR with i said ROR. Solicitor started abusing me saying that that I dont know what I am talking about.
Case worker stated that it was refused because;
-its not up to 5yrs
-That my ex wife reported to them that her passport was lost/stolen, hence they couldn’t verify if she is an EEA national
Following the reason number 2, how come they were able verify it when I was issued initial residence card
I didnt appeal
I have tried to communicate with my ex wife if she can provide proof of IDENTITY it has been a nightmare for me as she throws curses on me.
I don’t know what to do as the home Office might reject it again due to lack of my ex wife proof of identity of i send a new application.
PLEASE ADVICE!
Re: Application Refused
Posted: Sat Nov 25, 2017 12:30 am
by Obie
You may need to appeal, just incase you face another refusal.
You should not have sent your ex-wife's passport without her consent, especially in circumstances where she has reported the passport lost or stolen.
It undermines your credibility when you do that.
As a matter of law, the Home Office is required to examine whether a refusal of temporary or permanent residence card will breach your rights under the community treaties, in circumstance where they take the view that you do not qualify for a Permanent Residence card, it is incumbent on them to deal with the issue of whether or not you nevertheless qualify for another set of Residence card.
Re: Application Refused
Posted: Sat Nov 25, 2017 4:48 am
by Adikayani
Tangrof wrote: ↑Fri Nov 24, 2017 11:45 pm
Hello,
Saw this forum so I decided to try if it really work as helping people that are in the difficult position.
got married to an EEA in 2012 .marriage was annulled in September 2016.
I submitted an application for right to remain through a Solicitor. Solicitor went to apply for PR. Got rejected that I can appeal or make a new application. I challenged my solicitor that why did he apply for PR with i said ROR. Solicitor started abusing me saying that that I dont know what I am talking about.
Case worker stated that it was refused because;
-its not up to 5yrs
-That my ex wife reported to them that her passport was lost/stolen, hence they couldn’t verify if she is an EEA national
Following the reason number 2, how come they were able verify it when I was issued initial residence card
I didnt appeal
I have tried to communicate with my ex wife if she can provide proof of IDENTITY it has been a nightmare for me as she throws curses on me.
I don’t know what to do as the home Office might reject it again due to lack of my ex wife proof of identity of i send a new application.
PLEASE ADVICE!
Hey me friend my is same situation I’m married 2012 but my ex wife have 4 p60 not five knw I’m get divorce in nov 2017 so I read about you and thk I apply ROR no PR.i have all Proof to live together 5 years but 4 p60 and I have my ex wife original idd
Re: Application Refused
Posted: Sat Nov 25, 2017 8:41 am
by Tangrof
Obie wrote: ↑Sat Nov 25, 2017 12:30 am
You may need to appeal, just incase you face another refusal.
You should not have sent your ex-wife's passport without her consent, especially in circumstances where she has reported the passport lost or stolen.
It undermines your credibility when you do that.
As a matter of law, the Home Office is required to examine whether a refusal of temporary or permanent residence card will breach your rights under the community treaties, in circumstance where they take the view that you do not qualify for a Permanent Residence card, it is incumbent on them to deal with the issue of whether or not you nevertheless qualify for another set of Residence card.
Hello,
thanks for the response. The date for the appeal has past and I informed them that I do not wish to appeal since the solicitor applied for PR.
When the solicitor was applying, I didnt add my ex-wife ID as she didnt give neither do I have access it and considering the reason why we have to go our separate ways, there is no way I could ask her for it as she scream and curses me. I only added proof that she is exercise her treaty right at the time of divorce which was acknowledged. The reason for not appealing was as a result of the solicitor advising that i shouldn't that I should wait till the 5yrs qualifying period.
Now, with the requirement that her ID must be added to my application, this has made me to be devastated as she wouldnt answer me and if she does throw cursed at me and I cant get her ID.
I really need an advice on the way forward as i want to resend my application and which form to use? Please
Re: Application Refused
Posted: Sat Nov 25, 2017 11:30 am
by Obie
They are likely to refuse again without the EEA national's ID and without an alternative.
You still would have succeed in appeal for retention, even when you dont qualify for PR.
Re: Application Refused
Posted: Sat Nov 25, 2017 8:45 pm
by Tangrof
Obie wrote: ↑Sat Nov 25, 2017 11:30 am
They are likely to refuse again without the EEA national's ID and without an alternative.
You still would have succeed in appeal for retention, even when you dont qualify for PR.
hello,
massive thanks. Now that I have been advised wrongly. Please what is the best way to approach this issue as I am really devastated here. I need the best possible advise/help. any suitable firm?
Re: Application Refused
Posted: Sat Nov 25, 2017 10:47 pm
by jay.ho
Can you tell me is your ex actually reported the id as a lost or stolen ??
Re: Application Refused
Posted: Sun Nov 26, 2017 3:21 am
by wegiwegi
jay.ho wrote: ↑Sat Nov 25, 2017 10:47 pm
Can you tell me is your ex actually reported the id as a lost or stolen ??
Tangrof wrote
-That my ex wife reported to them that her passport was lost/stolen, hence they couldn’t verify if she is an EEA national
Re: Application Refused
Posted: Sun Nov 26, 2017 3:51 am
by Obie
Tangrof wrote: ↑Sat Nov 25, 2017 8:45 pm
Obie wrote: ↑Sat Nov 25, 2017 11:30 am
They are likely to refuse again without the EEA national's ID and without an alternative.
You still would have succeed in appeal for retention, even when you dont qualify for PR.
hello,
massive thanks. Now that I have been advised wrongly. Please what is the best way to approach this issue as I am really devastated here. I need the best possible advise/help. any suitable firm?
It would have been sensible to pursue the appeal but seen as you did not, the only option is to do a fresh application and set out the difficulties you have faced and her reluctance to assist. If they refuse again then appeal should be pursued.
Re: Application Refused
Posted: Sat Dec 02, 2017 9:44 pm
by Tangrof
Tangrof wrote: ↑Fri Nov 24, 2017 11:45 pm
Hello,
Saw this forum so I decided to try if it really work as helping people that are in the difficult position.
got married to an EEA in 2012 .marriage was annulled in September 2016.
I submitted an application for right to remain through a Solicitor. Solicitor went to apply for PR. Got rejected that I can appeal or make a new application. I challenged my solicitor that why did he apply for PR with i said ROR. Solicitor started abusing me saying that that I dont know what I am talking about.
Case worker stated that it was refused because;
-its not up to 5yrs
-That my ex wife reported to them that her passport was lost/stolen, hence they couldn’t verify if she is an EEA national
Following the reason number 2, how come they were able verify it when I was issued initial residence card
I didnt appeal
I have tried to communicate with my ex wife if she can provide proof of IDENTITY it has been a nightmare for me as she throws curses on me.
I don’t know what to do as the home Office might reject it again due to lack of my ex wife proof of identity of i send a new application.
PLEASE ADVICE!
''That my ex wife reported to them that her passport was lost/stolen, hence they couldn’t verify if she is an EEA national ''
would photocopy of my ex-wife id be accepted with commissioner of oath certifying it as she doesn't want to give me her original.
I need an urgent response please.
Re: Application Refused
Posted: Sat Dec 02, 2017 10:17 pm
by jay.ho
Hi I apply for Pr and it's refuse because I didn't provide my ex id .
I also send my ex id which is attested with notry public . Also stamp and sign by notry but they didn't accept and refuse
They give me right of appeal .
Right To Remain Application
Posted: Sun Dec 17, 2017 9:10 am
by Tangrof
Hello Casa, geriatrix, John, ChetanOjha, archigabe, push, JAJ, ca.funke, Amber, zimba88, vinny, Obie, EUsmileWEallsmile, batleykhan, sbrennan,
Married in 2012. divorced 2016.
A solicitor applied for PR after my divorce instead of retain right of residence. It was rejected cos it wasnt up to 5yrs and that they were informed that my ex passport got lost/stolen in 2015. and was rejected cos they couldnt verify if she was an eu citizen. I didnt add my ex-id/passport to the application as she that she doesnt want to help. My question is , how come they were able to verify initially when I was issued RC.
I understand that my solicitor made the wrong application, hence I informed them about it in writing, that It wasnt PR that I wanted to apply for bu ROR. Also, I sent them a proof of the initial verification which they made on the initial RC which I requested from them that they noted in their system when RC was issued.
NOW, i want to ROR, but due to regulation 21(5) this is troubling.
1. would it be possible to submit application without my ex-id following regulation 10?
Thanks