eea rejected. no sponsor id

[romarin]

I applied again for PR and got rejected. again. The home office did not give a right to appeal. The reasons for rejecting are ;

- I did not include my sponsor’s valid passport/national identity card

my father has divorced the eea national and i stated in my cover letter that I have no means of getting her ID.

- the birth citificate provided does not bear my father’s spouse (sponsor) name

This is because she was not my biological mother.

- Though the decree absolute has been provided, the name on the decree absolute is not the name of your sponsor.

This doesn’t make sense to me because the decree absolute clearly states my dad’s name and also the eea national’s (sponsor) name.

how do i appeal this ? i have not been given a right to but I believe the home office has made a mistake here. thanks in advance.

[romarin]

I applied again for PR and got rejected. again. The home office did not give a right to appeal. The reasons for rejecting are ;

- I did not include my sponsor’s valid passport/national identity card

my father has divorced the eea national and i stated in my cover letter that I have no means of getting her ID.

- the birth citificate provided does not bear my father’s spouse (sponsor) name

This is because she was not my biological mother.

- Though the decree absolute has been provided, the name on the decree absolute is not the name of your sponsor.

This doesn’t make sense to me because the decree absolute clearly states my dad’s name and also the eea national’s (sponsor) name.

how do i appeal this ? i have not been given a right to but I believe the home office has made a mistake here. thanks in advance.

[Obie]

Please make sure all your queries are all on one thread to prevent difficulties.

I believe the difficulties with your case is that the facts and relevant law has not been properly articulated and hence the confusion. I am 100 percent confident there is a right of appeal, and that a right of residence exist, based on the fact you have given. Unless the facts you have provided is not an accurate reflection of the reality of your case.

[romarin]

thank you for your response. apologies for the duplicate posts.

do you reckon i should apply again for the third time or appeal? if so.. how do i go about putting in for an appeal?

thanks

[Obie]

Well I would have advised an appeal is lodged a long time ago.

I am having difficulties assisting as the fact are not clear to me. The refusal makes little sense.

[romarin]

i’m sorry if i wasn’t clear enough. what facts are required please? i really need help so i have no reason to withold any information. what grounds do they have for the refusal please

thanks in advance

[Obie]

The power of appeal right is found in Regulation 36(4), in cases like yours, provided you meet its requirement, it is unlawful for the home office to refuse a right of appeal.

http://www.eearegulations.co.uk/Regs201 ... ulation_36

[Mclarry888]

Hello Mate,

My name is Stephen and I am currently in the same situation that you was in a few months ago.
My story is a carbon-copy of yours and I would appreciate it if you can enlighten me as to how you solved the issue.


Many Thanks in advance.

[romarin]

Hi Stephen,

My issue is not solved yet but after a third application, with a very detailed cover letter highlighting the regulations and explanation on how I satisfy it, I got a letter to register my biometrics. I will update you if I get issued with a PR.

[Mclarry888]

Thank you so much for getting back to me so quick, I really appreciate it.
I am sorry to hear you still haven't been granted your PR, but I glad to hear you are making progress.

Would you be able to send me a template of the cover letter, please?

We (Myself and my Sis) are about to reapply for the PR again (2nd time) as we have been rejected once because we didn't include our Sponsor's(Ex Step Mother) passport/national identity card, whom our father is no longer in contact with and we have no means of contacting her or finding her whereabouts.

Our lawyer has drafted a cover letter for us but looking at it from their (Home Office) point of view, it doesn't sound convincing enough.
My sister and I are planning to go back to Uni this summer and having the PR status will be very useful and this will help secure both School fee and Maintenance Loan.

I would be very grateful if you can share the template with me and any other point you think will help.
My personal email is email address removed by moderator.
Looking forward to hearing from you.

God bless.
Stephen.

[CR001]

Thank you so much for getting back to me so quick, I really appreciate it.
I am sorry to hear you still haven't been granted your PR, but I glad to hear you are making progress.

Would you be able to send me a template of the cover letter, please?

We (Myself and my Sis) are about to reapply for the PR again (2nd time) as we have been rejected once because we didn't include our Sponsor's(Ex Step Mother) passport/national identity card, whom our father is no longer in contact with and we have no means of contacting her or finding her whereabouts.

Our lawyer has drafted a cover letter for us but looking at it from their (Home Office) point of view, it doesn't sound convincing enough.
My sister and I are planning to go back to Uni this summer and having the PR status will be very useful and this will help secure both School fee and Maintenance Loan.

I would be very grateful if you can share the template with me and any other point you think will help.
My personal email is email address removed by moderator.
Looking forward to hearing from you.

God bless.
Stephen.

Kindly note that posting of any form of personal contact information on the forum is strictly not permitted.

[Mclarry888]

Hi Stephen,

My issue is not solved yet but after a third application, with a very detailed cover letter highlighting the regulations and explanation on how I satisfy it, I got a letter to register my biometrics. I will update you if I get issued with a PR.

Thank you so much for getting back to me so quick, I really appreciate it.
I am sorry to hear you still haven't been granted your PR, but I glad to hear you are making progress.

Would you be able to send me a template of the cover letter, please?

We (Myself and my Sis) are about to reapply for the PR again (2nd time) as we have been rejected once because we didn't include our Sponsor's(Ex Step Mother) passport/national identity card, whom our father is no longer in contact with and we have no means of contacting her or finding her whereabouts.

Our lawyer has drafted a cover letter for us but looking at it from their (Home Office) point of view, it doesn't sound convincing enough.
My sister and I are planning to go back to Uni this summer and having the PR status will be very useful and this will help secure both School fee and Maintenance Loan.

I would be very grateful if you can share the template with me and any other point you think will help.
Looking forward to hearing from you.

God bless.
Stephen.

[romarin]

To the attention of:
UK Visas & Immigration
Home Office – EEA Applications
PO Box 590
Durham
DH99 1AD

[INSERT NAME]
[INSERT MOBILE]
[INSERT EMAIL]

[DATE]

Application for Permanent Residency: Covering letter supporting the EEA (PR) Application

Dear Sir/Madam,

In support of my signed enclosed EEA (PR) application, please find the relevant documentation as follows:

1. Document Checklist, with proof of payment of £65 fee;
2. Valid Passport
3. Previous expired passport with residence documentation
4. Original Birth Certificate
5. Payslips from the last three months as proof of employment
6. Bank statements from the last three months as proof of residence
7. Decree Absolute as proof of ceasing to be a family member

[FEEL FREE TO EDIT AND INCLUDE OTHER SUPPORTING DOCUMENTS YOU MAY HAVE]

Please note that I am a Nigerian national applying for a permanent residence card on the basis that I have retained my right of residence as the family member of an EEA national as stated in Regulation 10 (5);

5) The condition in this paragraph is that the person (“A”)—

(a) ceased to be a family member of a qualified person or an EEA national with a right of permanent residence on the termination of the marriage or civil partnership of A;

I came into the UK on an EEA family permit entry clearance visa which was valid for six months from the dates of 13/07/2011 until 13/01/2012. My residence card of five years was issued in April 2012 as the family member of an EEA national. The EEA national at the time was my father’s Portuguese spouse (they had been married from 29/09/2007 until 04/03/2013 when the decree absolute was issued). My step-mum was exercising her treaty rights up until the divorce and I have her P60’s and payslips to prove it.

(b) was residing in the United Kingdom in accordance with these Regulations at the date of the termination;

I have resided in the United Kingdom from the date of my entry up until now with no absences for more than three months.

(c) satisfies the condition in paragraph (6); and
(d) either—
(i) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;

My father’s marriage to my step mum lasted from 2007 until 2012. We all lived at the same address in London, [INSERT ADDRESS IF REQUIRED]. I have proof of this in the water bills that she and my father both paid over the years 2009-2012.
To satisfy the condition in paragraph (6) which states;
6) The condition in this paragraph is that the person—
(a) is not an EEA national but would, if the person were an EEA national, be a worker, a self-employed person or a self-sufficient person under regulation 6;

I have been a worker since 2014. I was 16 at the time of my residence card being issued and at the age of 19, I got my first job. I have been in work from 2014 till present.
I have been a dependent of my father since birth, I do not pay any bills at my home, but I have been able to provide my proof of residence by having my name on the water bill.


Unfortunately, I am unable to provide any form of Identification for my step mum due to the divorce. I have no knowledge of her whereabouts and have no means of getting in contact with her. However, I have evidence that she was a qualified person by working in the form of payslips.

I hope you’ll find my application acceptable. However, should you notice any errors, omissions or should you require further documentation, please kindly contact me at the address and/or number indicated in the heading of this letter. Thank you.

Kind Regards,
[INSERT NAME]

[Mclarry888]

Thanks, Kindly keep me updated and I will do the same.
I wish you the best of luck.

Many Thanks,
Stephen

[Obie]

I believe you have a right of appeal, and it would have been sensible to file it, other than depending on the mercy of the Home Office. Judges are allowing appeal on the basis of ID, when there is a breakdown of relationship. All the cases i known or come across, the Home Office concede the matter on the day of the hearing.

There is a right of appeal is a residence right was previously issued.

[romarin]

Hi just to let you know, I got issued a full coa. Fingers crossed for the rest.

[Mclarry888]

I pray the outcome will be in your favour IJN.

[val2018]

Hi there ,I have applied on February for PR after three weeks my application was rejected because i did send old passport picture ,my mistake.No right of appeal was given ,they refund 40 pounds .
I made new pictures and resend again same form but didn't notice that payment page was taken off,and again it's been rejected .
My question is can i still use the same form , I printed payment page ,new passport pictures ,payslips ,bank statement etc ?
I would be very thankful if someone will replay to me.

Many thanks Val.

[romarin]

Hi

I did use the same form in my application when it got rejected. So I would say yes you can use the same form. But you might need to reprint the pages that are dated and signed, like the payment page and sponsor and applicant declaration pages.

[val2018]

Hi

I did use the same form in my application when it got rejected. So I would say yes you can use the same form. But you might need to reprint the pages that are dated and signed, like the payment page and sponsor and applicant declaration pages.

Thanks a lot for replay ,one more thing did you send to : Durham or Liverpool ,because new update forms for PR it says Liverpool and in the guidance notes is still Durham !

[romarin]

I sent mine to Durham because that was what was on my form at the time. The most recent form thats on the website is from this year (march 2019) so I would suggest using the address on that form, because it could be that the guidance notes hasn’t been updated yet.

Will advise that you post to Liverpool.

[val2018]

I sent mine to Durham because that was what was on my form at the time. The most recent form thats on the website is from this year (march 2019) so I would suggest using the address on that form, because it could be that the guidance notes hasn’t been updated yet.

Will advise that you post to Liverpool.

Thank you ever so much for the Replay . I am divorced now , I’m applying for ROR and PR at the same time because I have been in the UK for 8 years ! On my old form my ex have signed , so if I print new one I don’t know if I can get him to sign because I don’t see him often ??? Does he still need to sign or not ? Is he still my sponsor or not ? Thanks

[romarin]

It depends. The page where your ex signed, is it dated? The date could be an issue as it would be a lot more later than when you apply. Are you providing his id? I applied for ror and pr too and i didnt have id because there had been a divorce. The sponsor page on mine wasnt signed. I just ticked the box that said “i am unable to contact the sponsor”. The form he signed is no longer valid because the version will show on the footer of the page as not EEA (PR) - Version 03/19. Make sure your cover letter is well detailed if you do decide to send in the signed page. Explain why

[val2018]

It depends. The page where your ex signed, is it dated? The date could be an issue as it would be a lot more later than when you apply. Are you providing his id? I applied for ror and pr too and i didnt have id because there had been a divorce. The sponsor page on mine wasnt signed. I just ticked the box that said “i am unable to contact the sponsor”. The form he signed is no longer valid because the version will show on the footer of the page as not EEA (PR) - Version 03/19. Make sure your cover letter is well detailed if you do decide to send in the signed page. Explain why

It depends. The page where your ex signed, is it dated? The date could be an issue as it would be a lot more later than when you apply. Are you providing his id? I applied for ror and pr too and i didnt have id because there had been a divorce. The sponsor page on mine wasnt signed. I just ticked the box that said “i am unable to contact the sponsor”. The form he signed is no longer valid because the version will show on the footer of the page as not EEA (PR) - Version 03/19. Make sure your cover letter is well detailed if you do decide to send in the signed page. Explain why

Hi , I have provide me Ex ID :Passport /Permanent card and payslips. The form he signed is two months old , but I met him early today and he signed new form and I’ve got his passport pictures too . I hope it’s not a problem that he signed !! I would like to send new forms and send to Liverpool, I hope this time won’t be rejected because my right to work will expire end of month and it’s bank holiday too !!

[romarin]

Ohh if he’s signed the new form then all I can do is wish you luck. I’m sure you’ll be fine. Feel free to update on any developments.