eea rejected. no sponsor id

[romarin]

In 2011, aged 16, i got an entry clearance family permit visa to come to the UK, I am a nigerian citizen and I got the permit due to the fact that my dad was married to an eea national. after six months, I got issued a residence permit (residence card of a family member of an eea national) which was valid from 2012-2017. My dad has since then got his british citizenship and had a divorce. I now need to apply for a permanent residence card and need a sponsor (the eea national). My dad isn’t an eea national and not in any contact with his ex-wife.

I need to know what to do with regards to applying for a permanent residence card because I’m not sure whether i can use my dad as a sponsor seeing as he’s not an eea national but a british citizen.

also i need to prove to my employer that I have a right to work in the UK although my residence permit is expired.

Any advice would be appreciated.

[Obie]

When did your dad divorce from the EEA national, and why did he not apply for your for Permanent Residence then? given the age at which you entered, i suspect you would have accrued 5 years residence before you turned 21, did you not?

[romarin]

i was 22 after five years of living in the uk. i dont know in full the details of the divorce but i can find out. could you please advise on what my options are in regards to getting permanent residence.

thank you

[Obie]

How Old were you when you entered the UK, and 5 year from the day you entered the UK, what was your age?

[romarin]

i was 16 when i entered and 21 after five years. apologies for the error. i did not apply for PR because i wasn’t eligible until 2017. my residence card which was valid for 5 years expired in 2017. currently, i have nothing stating my right to work. what do you advise with regards to applying for pr

[romarin]

I am a Nigerian national who came into the UK aged 16 on an entry visa in 2011. 6 months after, i applied and was issued with a residence card on the basis that I was a family member of an EEA national.

The EEA national at the time was my dad’s spouse. They have since divorced and my dad applied for his permanent residence (and then british citizenship) after the divorce but I didn’t qualify as I hadn’t lived in the UK for five years.

I now want to apply for PR on the basis that I was a family member of a qualified person (dad’s ex).
I don’t know how to get my dad’s ex’d ID or passport photograph.

I hired a lawyer who put in an application for me to use my dad as my sponsor (although he’s not an EEA national) and the application got rejected by the Home Office because of this.

I want to apply again but i still don’t have any way of contacting the EEA national although i have every document relating to the divorce and I also have her payslips to show she was working up until the divorce.
How do i go about this please?
Please note : My residence card expired in 2016.

[NikiGio]

I hired a lawyer who put in an application for me to use my dad as my sponsor (although he’s not an EEA national) and the application got rejected by the Home Office because of this.

I want to apply again but i still don’t have any way of contacting the EEA national although i have every document relating to the divorce and I also have her payslips to show she was working up until the divorce.

What was your lawyer's advice after the initial rejection?
What were the exaxt reasons for the rejection - can you share the rejection letter, editing out the personal information.

[Obie]

I am a Nigerian national who came into the UK aged 16 on an entry visa in 2011. 6 months after, i applied and was issued with a residence card on the basis that I was a family member of an EEA national.

The EEA national at the time was my dad’s spouse. They have since divorced and my dad applied for his permanent residence (and then british citizenship) after the divorce but I didn’t qualify as I hadn’t lived in the UK for five years.

I now want to apply for PR on the basis that I was a family member of a qualified person (dad’s ex).
I don’t know how to get my dad’s ex’d ID or passport photograph.

I hired a lawyer who put in an application for me to use my dad as my sponsor (although he’s not an EEA national) and the application got rejected by the Home Office because of this.

I want to apply again but i still don’t have any way of contacting the EEA national although i have every document relating to the divorce and I also have her payslips to show she was working up until the divorce.
How do i go about this please?
Please note : My residence card expired in 2016.

This lawyer does not know what he or she is doing. The sponsor was the EEA national. I am puzzled as to why dad did not apply with you, as you would have qualified with him.

Please provide your timeline.

When you father married this woman?

When you came to the UK?

When you dad divorced from this woman?

I will shed some light once you provide these details.

Are you in education at present?

[romarin]

my lawyer advised my dad to find his ex spouse but this is not a possibility. i think i’m paying legal fees for no reason because as it standa at the moment, my lawyer doesn’t have a clue what to so next. shall i apply again and just explain in my cover letter that i cannot get any information from my dad’s ex?

i would post the letter but i dont know how to attach it to my reply? could you tell me how?

thank you so much for responding.

[Obie]

I am not able to add much, as you have not provided answer to my question.

I know the decision is wrong, i know the lawyer messed up, but i am not sure if you qualify under Regulation 15(1)(b) or 15(1)(f). I do believe that at the very least, you retained a right of Residence at the time of divorce.

[romarin]

I am a Nigerian national who came into the UK aged 16 on an entry visa in 2011. 6 months after, i applied and was issued with a residence card on the basis that I was a family member of an EEA national.

The EEA national at the time was my dad’s spouse. They have since divorced and my dad applied for his permanent residence (and then british citizenship) after the divorce but I didn’t qualify as I hadn’t lived in the UK for five years.

I now want to apply for PR on the basis that I was a family member of a qualified person (dad’s ex).
I don’t know how to get my dad’s ex’d ID or passport photograph.

I hired a lawyer who put in an application for me to use my dad as my sponsor (although he’s not an EEA national) and the application got rejected by the Home Office because of this.

I want to apply again but i still don’t have any way of contacting the EEA national although i have every document relating to the divorce and I also have her payslips to show she was working up until the divorce.
How do i go about this please?
Please note : My residence card expired in 2016.

This lawyer does not know what he or she is doing. The sponsor was the EEA national. I am puzzled as to why dad did not apply with you, as you would have qualified with him.

Please provide your timeline.

When you father married this woman?

When you came to the UK?

When you dad divorced from this woman?

I will shed some light once you provide these details.

Are you in education at present?

i couldn’t provide an accurate timeline of the marriage and divorce at present because my lawyer has all the documents. i will get back to you once i get them back.


I came into the UK in July 2011
Residence card was issued April 2012
Residence card expired April 2017

no i am not in education but i work.

Thank you so much for responding.

[romarin]

I am not able to add much, as you have not provided answer to my question.

I know the decision is wrong, i know the lawyer messed up, but i am not sure if you qualify under Regulation 15(1)(b) or 15(1)(f). I do believe that at the very least, you retained a right of Residence at the time of divorce.

apologies. i have responded; just need to clarify on the dates of marriage and divorce.

[Obie]

Clarifying the date of divorce, will help me determine if you qualify for a retained residence or permanent residence.

[romarin]

they got married on the 29th of september 2007.
the decree absolute was issued by the court on the 4th of March 2013.

[Obie]

You should be able to retain a right of residence. You will require both your father's documentation from time of divorce to the period when it would be your 5th anniversary in the UK.

[romarin]

You should be able to retain a right of residence. You will require both your father's documentation from time of divorce to the period when it would be your 5th anniversary in the UK.

thank you so much for your response. could you please suggest what my next step is and how do i go about applying for a retained right of residence if i dont have any documentation for the ex spouse? and what documentation would i require from my father?

[Obie]

did you turn 21 before July 2016 or afterwards?

[romarin]

i turned 21 in may 2016

[Obie]

Well about 4 things need to be shown.

1. The EEA National was a Exercising treaty right from your entry to the divorce.

2. Your retained a right of Residence under Regulation 10(5) and 10(6) after the breakdown of the marriage,

3. Your were dependent on your father between May 2016 to July 2016.
4. Your father was in employment between 2013 after the Divorce to July 2016 when a right of Permanent Residence can be claimed.

If that is successfully, you will have a claim to Permanent Residence. However you will need to plan properly.

The ID is not the end of the world. It is an issue which can be resolved.

Were you not accorded a right of appeal ?

[romarin]

thank you so much for your response.

i was not given a right to appeal. but i guess it’s because i never used the eea national as my sponsor to begin with so that’s probably my lawyer’s fault.

would you advise to stick to a legal representative or is this something i could apply for by myself? considering the facts.

[Obie]

thank you so much for your response.

i was not given a right to appeal. but i guess it’s because i never used the eea national as my sponsor to begin with so that’s probably my lawyer’s fault.

would you advise to stick to a legal representative or is this something i could apply for by myself? considering the facts.

You do have a right of appeal. Home Office was wrong to refuse you a right of appeal. You could still appeal without them confirming you right of appeal, as i believe 100% that a right of appeal exist. They were wrong to refuse you.

As they fail to notify you of the existence of a right of appeal, you have a right to file a notice of appeal, as time does not run out in circumstances where you were not notified.

[romarin]

thank you for responding to me.

can i just clarify about my right to appeal

i applied for permanent residency using my dad, the non eea national as my sponsor and only included the ex spouse documents like payslips and proof of address. would i still have a right of appeal seeing as i didnt apply for retained right of residence? i would like to show you the rejection letter but i just dont know how to upload it.

[Obie]

I do not know what Home Office said, and frankly speaking i could not care less. All is know is, they would have been or are wrong to have suggested that you do not have a right of appeal, as you never provided your EEA national's ID.

[romarin]

okay thank you. i will make sure to work on this and hopefully i come back with good news.

[romarin]

hi just to clarify on which form i have to fill in. is it the eea (pr) one or the eea(fm) one?

thanks in advance