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Divorce and RoR Questions

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

Ricardo
Member
Posts: 132
Joined: Tue Feb 26, 2013 8:48 am

Post by Ricardo » Thu Nov 21, 2013 11:16 pm

Shah1234567890 wrote:Just a quick up date i sent my ROR application with the following documents.
My passport(valid till oct 14)
Decree absolute
Comperhancive health cover
Joint personal bank statements.
My personal bank statemenf.
My payslips.
And a letter in which i explained my and my ex circumstances.
I shell inform this forum about the update on my case.
I thought you said that you have already made RoR application?

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Post by askmeplz82 » Fri Nov 22, 2013 12:34 am

Shah1234567890 wrote:Thanks for your reply.I know my ex is still working and she is working since our marriage.un luckly she took all documents from my hands and promised me that she will return it to me but now she refused me to give her documents.i have nothing in my hands except her CSI.i a. totally lost now.
did you read the case properly?

Well I thought home office only help a NON EEA national in exceptional cases like domestic violence but this case prove that they do help other applicants like you who is not getting any help from EEA national when requested

in the case:

At a hearing on 27 March 2013, Upper Tribunal Judge Chalkley found that the judge had erred by finding that there was an inconsistency in the appellant's evidence as to his knowledge of the whereabouts of his ex-spouse and his contact with her and that in fact there was no such inconsistency. He concluded on that basis that the determination had to be set aside in its entirety and the decision re-made with none of the First-tier Tribunal's findings preserved. He directed the respondent to make enquiries about the grant of a residence permit to the appellant's ex-spouse and to request from HMRC and DWE any information demonstrating whether she was exercising Treaty rights in the United Kingdom.

Ms Vidyadharan ( home office rep ) was able to confirm, from enquiries made, ( she contacted Inland revenue) that the appellant's EEA national ex-spouse was working at the time of the divorce and was exercising Treaty rights


https://tribunalsdecisions.service.gov. ... 20756-2012
Last edited by askmeplz82 on Fri Nov 22, 2013 1:02 am, edited 1 time in total.
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Nov 22, 2013 12:43 am

It is common knowledge, that a judge has a discretion during an appeal process to direct the HO to do this.

Judge may issue such direction, but Amos dont compel them to.
Smooth seas do not make skilful sailors

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Nov 22, 2013 1:05 am

If necessary, then request help from the Tribunal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Kasi123
Newly Registered
Posts: 19
Joined: Mon Oct 14, 2013 11:38 pm

Post by Kasi123 » Fri Nov 22, 2013 6:24 pm

Hi mr shah
Did you apply ROR ?
Or you are going to apply PR? What evidence you have???

Shah1234567890
Newly Registered
Posts: 19
Joined: Sun Nov 11, 2012 11:22 am

Post by Shah1234567890 » Fri Nov 22, 2013 7:35 pm

Every thing was ready.i filled form.un lucky my ex called me and said she wants to give me some more papers.bad luck i told her.come to see me on my place.she came and took all her documents even joint bank statements.now i am totally with empty hands.thats why i decided to wait untill the PR time comes and also i m trying to involve my ex mother in law.may be she will sort out this matter.

Obie
Moderator
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Nov 22, 2013 7:38 pm

That is a shame. These things should not be kept too long.

You may have difficulty returning if you travel, as you are no longer a family member. If you are unable to demonstrate to an immigration office that you have retained your right of residence, you may even be refused entry.
Smooth seas do not make skilful sailors

Shah1234567890
Newly Registered
Posts: 19
Joined: Sun Nov 11, 2012 11:22 am

Post by Shah1234567890 » Fri Nov 22, 2013 8:09 pm

I dont understand what can i do.when bad time comes nobody can stop it.i do have the photo copies of her pay slips and tax documents but i dont thing so it will work.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Nov 22, 2013 8:16 pm

No photocopies cannot be accepted. The courts might be able to assist, but there is no jurisdiction to do so unless there is a refusal and you subsequently appeal.

UKBA say theu will only assist in very exceptional circumstance. But they do respect courtdirection.
Smooth seas do not make skilful sailors

Shah1234567890
Newly Registered
Posts: 19
Joined: Sun Nov 11, 2012 11:22 am

Post by Shah1234567890 » Mon Dec 02, 2013 4:47 pm

Dear members,my RC revoked and today I received a letter.



On dated,you were issued a Residence Card as confirmation of a right of residence in the United Kingdom as the family member of a qualified person. However, you have ceased to be the family member of that person and no longer have a right of residence in the United Kingdom or the right to hold a Residence Card confirming such a right.
Your application has also been considered under Article 8 of the Human Rights Act. After careful consideration of your case we are satisfied that this decision does not represent a breach of Article 8 of your human rights.


What can I do now?

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Mon Dec 02, 2013 4:52 pm

This is a tough decision. You will need to appeal against it . Its a good thing you had not gone overseas.

How did the know this?

Did you apply without sufficient evidence or did your wife inform HO of this?

They have to give reasons for a revocation under regulation 20 (2) . I am sure they would.
Smooth seas do not make skilful sailors

Shah1234567890
Newly Registered
Posts: 19
Joined: Sun Nov 11, 2012 11:22 am

Post by Shah1234567890 » Mon Dec 02, 2013 5:03 pm

Yes.they know about the divorce.and thdy write the divorce date as well but they did not write the source of this information.
Problem is this.i have a right of appeal but i dont have her documents.

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Mon Dec 02, 2013 5:07 pm

You must have an application without the right documents, or she reported to UKBA.

There is no basis on which they would have otherwise known.

You would have to pursue an appeal and see if the Tribunal will get them to check her tax records, otherwise you will be left without a leave to remain, and you could be removed from the UK.
Smooth seas do not make skilful sailors

Shah1234567890
Newly Registered
Posts: 19
Joined: Sun Nov 11, 2012 11:22 am

Post by Shah1234567890 » Mon Dec 02, 2013 5:44 pm

Before making an application my ex took her documents and before i do anything else i received this letter.this is now looks long legal fight.

Obie
Moderator
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Mon Dec 02, 2013 5:54 pm

Yes it may well be. I think if handled properly, it could be to your advantage.
Smooth seas do not make skilful sailors

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Post by askmeplz82 » Mon Dec 02, 2013 6:09 pm

Shah1234567890 wrote:Before making an application my ex took her documents and before i do anything else i received this letter.this is now looks long legal fight.
Listen bro you were divorced after 3 yrs and she was exercising treating right during divorce so you have nothing to worry about this letter . They did send letter like this to many people. Yes it will be long legal fight

But on what basis they revoked the residence card ?

I think your wife may have lied to UKBA about her exercising treaty right or may be something
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

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