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eea retention of rights appeal after refusal

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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emmyemmy
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eea retention of rights appeal after refusal

Post by emmyemmy » Fri Nov 09, 2012 2:43 am

HI,i urgently need advice on my case.
Got married 2006 september,
got resident card 2009. didn't border to apply early.
divorced 2012.
applied for retention of right april with all my documents ,including me ex 3years payslip.
refused october.
HO claim i didn't show that my wife was working at time of divorce and that i didn't submit any document,which i did.
and didnt return any of these ducuments.what should i do.pls help.

emmyemmy
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eea retention of rights appeal after refusal

Post by emmyemmy » Fri Nov 09, 2012 5:31 am

can any one pls help. guru moderator pls.
how do i get my wife's employer to confirm she is working with them ,because i believe she is still working with the same company.
or get the home office to send or return all my documents back.

Obie
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Ireland

Post by Obie » Fri Nov 09, 2012 8:41 am

Did they give you a right of appeal?

Are you sure you submitted document which show that you ex was exercising treaty rights at time of divorce?

If you did, did you take copies of these documents?

if you can answer in the affirmative to the above question, then you have a good chance of succeeding on appeal or reconsideration.
Smooth seas do not make skilful sailors

emmyemmy
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Post by emmyemmy » Fri Nov 09, 2012 9:25 am

Obie wrote:Did they give you a right of appeal?

Are you sure you submitted document which show that you ex was exercising treaty rights at time of divorce?

If you did, did you take copies of these documents?

if you can answer in the affirmative to the above question, then you have a good chance of succeeding on appeal or reconsideration.

Hi thanks for your reply.
yes they gave me right to appeal.

Yes i did submit lots of documents weighing more than 1.2kg to the home office.
no i didn't take copies,my mistake.
i only have the special delivery receipt with me..
from the refusal letter ,this is what i think happen.
when i submited my application,few monthss latter i requested few of my documents back and then returned them after use.
i called home office after six months of application and told them i was going to make a complain for delays.
few days later i got the refusal.
they only spoke or talked about the documents i returned,its like they decided my case on the few documents i sent back to them and not the entire documents.

my ex is not helping,how do i get to get confirmation from her employer? or get all those documents back.
yhanks alot.sorry for the long post.

Jambo
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Post by Jambo » Fri Nov 09, 2012 10:39 am

Before going down the appeal route, I would write back to the HO addressing the letter to the case worker who signed the refusal letter and ask for reconsideration of your application.

You should draw their attention to the fact that evidence alleged not to have been provided in support of the application was actually with them.

Might save you time (and money).

Obie
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Post by Obie » Fri Nov 09, 2012 12:07 pm

Well, did you supply evidence confirming that at time the decree absolute was passed, your ex was working. Such confirmation now will not suffice. You will need to establish that shortly before the divorce, when you cease from being a family member, that she was exercising treaty right.

No need to ask for reconsideration if you cant prove that or has evidence that you did sent it to HO.

you best bet is to proceed with appeal, which i believe will give you more legal certainty. You can at the tribunal ask the judge to request the HO to check your ex employment status. You may even succeed in getting a summon for her to come to the tribunal and confirm her status in the UK
Smooth seas do not make skilful sailors

zz00ee
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Post by zz00ee » Sat Nov 10, 2012 12:21 pm

I am very sorry to hear that, I do hope you appeal successful. It doesn't sound they have been reasonable.

Good luck with thing. I am sorry I have no any idea. Myself in the process of divorce after 10 years of marriage, and as we moved to other countries, I didn't accumulated enough year to apply EEA4. Just 6 months to go to be 5 years in UK, now I need to apply Retention of the right to stay soon. I couldn't find the application form on the website! :(

Please keep us posted!

emmyemmy
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Post by emmyemmy » Mon Nov 12, 2012 11:05 am

thanks guys, you've been so helpful.
i am trying to contact my ex to see if she can help.
she is willing to help me but wouldnt because she is thinking i would take her to court if i get to know her address,as she left alot of bills for me ,includig council tax ,i did give her all the money to pay them bought she didnt ,the council to me to go to court with it that she can be ordered to pay her half of it.
i was working 12hr sometime more a day.
i just need to convince her ,(because i told her my intension before now)that i will drop the going to court issue.
If there is any other thing i could do,pls help .thanks alot guys.

emmyemmy
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Post by emmyemmy » Sat Jan 26, 2013 6:17 am

Hi guyz just an update .
My appeal was heard on 18th december and got a letter saying the appeal was allowed.
and the home office was asked to give me permanent residence.and to refund my appeal fee.
thanks for all your help.

ravii
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Post by ravii » Sat Jan 26, 2013 11:12 am

Good news.best of luck
Best regards

Obie
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Post by Obie » Sat Jan 26, 2013 11:15 am

Well done. Congratulations. A good start to the year for you.

Did you get the documents from your ex in the end.
Smooth seas do not make skilful sailors

Oke1
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Post by Oke1 » Mon Jan 28, 2013 5:30 pm

Pls Yemi can u clear this for me I want
To know did u infom ukb when u divource
Or did u apply for another eea2 again
Pls I want to know because am confeused
Now pls pple say u need to inform ukb
When u get ur decree nise that u are
No more with ur wife pls let me know
Pls
Pls am just using this site can you help me about my brother wife
She just doin 15hours a week

Oke1
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Confeused on divource

Post by Oke1 » Mon Jan 28, 2013 5:31 pm

Pls Yemi can u clear this for me I want
To know did u infom ukb when u divource
Or did u apply for another eea2 again
Pls I want to know because am confeused
Now pls pple say u need to inform ukb
When u get ur decree nise that u are
No more with ur wife pls let me know
Pls
Pls am just using this site can you help me about my brother wife
She just doin 15hours a week

emmyemmy
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Re: Confeused on divource

Post by emmyemmy » Tue Feb 26, 2013 11:22 pm

Oke1 wrote:Pls Yemi can u clear this for me I want
To know did u infom ukb when u divource
Or did u apply for another eea2 again
Pls I want to know because am confeused
Now pls pple say u need to inform ukb
When u get ur decree nise that u are
No more with ur wife pls let me know
Pls



no yo dont have to.
let me know ur situation so i know how to advice u. because ,i regreted informing them.

lvy2k11
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NATURALISATION APPLICATION

Post by lvy2k11 » Thu Apr 11, 2013 7:20 pm

I'VE GOT A PR AND I WILL BE DUE FOR BC NEXT YEAR APRIL BUT MY PROBLEM NOW IS THAT I WENT TO COURT FOR DRIVING WITHOUT INSURANCE AND WAS GIVING 6 POINTS ON MY LICENSE,,,I WAS GIVIN A FINE TO PAY WHICH I COULDN'T DUE TO FINANCIAL PROBLEMS,,,,,PLZ CAN ANYONE TELL ME IF ITS GONNA AFFECT MY APPLICATION FOR NATURALISATION NEXT YEAR OR WHEN I WILL BE DUE TO APPLY DUE TO APPLY.NB I WAS GIVIN THE 6 POINTS N FINE LAST YEAR MARCH......PLZ WILL REALLY APPRECIATE UR KIND ADVICE

emmyemmy
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Post by emmyemmy » Thu Apr 11, 2013 8:19 pm

yes.it will definately affect you. u have broken the good behaviour code.

Ricardo
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Post by Ricardo » Sat Apr 13, 2013 8:41 pm

I dont think so, because that is a minor offence.

emmyemmy
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Post by emmyemmy » Sun Apr 14, 2013 6:13 pm

drink driving, driving while uninsured ,dishonesty (for example theft)
violence or sexual offences are major and not minor offences.
but speeding is a minor offence . driving withou insurance is very very serious and major.
i am not trying to scare you but that is the truth. go to this link.
http://www.ukba.homeoffice.gov.uk/briti ... character/
then find out for urself.thanks.

Ricardo
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Joined: Tue Feb 26, 2013 8:48 am

Post by Ricardo » Sun Apr 14, 2013 8:49 pm

Agreed. Emmyemmy you're definitely right. When did you commit the offence? If it's less than five years, then I will advise you to wait till the offence becomes spent.

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