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Retain right of residence refused

Posted: Wed Mar 07, 2018 8:05 pm
by Chaudry786
Hi all,
I applied for ROR 28/12/2017 received all my documents today with a refusal letter saying.

HO REASON OF REFUSAL
“Your application has been considered under regulation 10 of the immigration EEA 2016.
In order for you to qualify under Retained right you would need to submit evidence that would document how both you and your sponsor were exercising your treaty rights at the point of your divorce while it is noted that you have submitted evidence of your treaty rights at this point, you have failed to submit adequate evidence that would document your sponsors stated self sufficiency. Therefore we have determined that you do not have ROR in the UK following divorce from your EE national sponsor”

above is the refusal from HO but I did submit joint bank statements and CSI for both of us covering at the time of divorce. I think it was enough to prove she was self sufficient relying on my income.

What should I do as I think this objection is baseless.

Thanks for your time, any help will be highly appreciated.

Re: Retain right of residence refused

Posted: Wed Mar 07, 2018 8:27 pm
by Obie
Joint bank statement on its own is not sufficient to demonstrate Self Sufficiency at the point of divorce, even with a CSI.

Home Office tend to refuse in this area a lot in my experience.

Re: Retain right of residence refused

Posted: Wed Mar 07, 2018 8:39 pm
by Chaudry786
Thanks for your reply obie. But which other ways we could establish she was self sufficient?
What should I do now go to appeal or PAP or reapply? Thanks

Re: Retain right of residence refused

Posted: Wed Mar 07, 2018 8:45 pm
by Obie
If there is an appeal right you need to exercise it.

Fighting appeal against self sufficient refusal is always tough, but winnable. Home Office are always of the view that it is strange for a non eea national to support a person that he or she is about to divorce, that it is not credible. So it always entails a lot of work to prove otherwise.

Re: Retain right of residence refused

Posted: Thu Mar 08, 2018 2:49 pm
by Wise
Another way of washing people time and money by the HO. Many applications was refused for not providing their ex wife ID but your own case they picked something different.

You will win in your appeal. They are just trying to make thinks difficult and help people working in the legal area to earn money.

Did you submit your ex ID with your application?

Re: Retain right of residence refused

Posted: Fri Mar 09, 2018 11:26 pm
by Chaudry786
Wise wrote:
Thu Mar 08, 2018 2:49 pm
Another way of washing people time and money by the HO. Many applications was refused for not providing their ex wife ID but your own case they picked something different.

You will win in your appeal. They are just trying to make thinks difficult and help people working in the legal area to earn money.

Did you submit your ex ID with your application?
No I didn’t submit my ex ID, I will update regards to my case. Thanks for your reply’s, any suggestions will be highly appreciated thanks.

Re: Retain right of residence refused

Posted: Fri Mar 09, 2018 11:34 pm
by Obie
Perhaps it may help if the lady can come to tribunal to confirm she has access to your money and was using it to support herself.