Retention of Rights Application but not working

[naija99]

Good afternoon forum
Please could someone advise for a friend who applied RoR after divorce. He met all the requirements and was working also but unfortunately did not submit proof that ex wife was working at date of divorce. His application was refused by the Home Office and he was asked to leave work.

Now his ex-wife has provided him with proof she was working at date of divorce but he is no longer working which is a requirement of RoR.

Is there any way around this?

[naija99]

If he were self sufficient - how long would he have had to have held the funds for and would he need CSI?

[Obie]

Did your friend not file an appeal?

[naija99]

No obie
Because it takes between 12-18 months he couldn't wait that long

[Obie]

No obie
Because it takes between 12-18 months he couldn't wait that long

He could have done a quicker paper appeal, which takes considerably much lesser time.

It is not sensible not to appeal, my experience is that Home office at times invoke new basis when the person had resolved the previous basis of refusal.

[naija99]

Oh dear, Well aside from appealing out of time, is there anything else he could do obie?

[Obie]

He may have been entitled to continue to work if he had put in an appeal. He cannot retain a right if he is not working.

[naija99]

Would you advise to appeal out of time in this case obie?

[Obie]

How much out of time. Appealing out of time will not reinstate COA. It is unclear how out of time the person is.

[naija99]

end of jan was the refusal
he's been in ill health since

[Obie]

I think that is very much out of time.

It is difficult to see how permission could be granted in this circumstances.

He could try and make a new application.

[naija99]

Thank you obie
He has now clarified that when he made his RoR application he did not have his exactly spouse evidence of exercising treaty rights for the last five years so the COA stated that they could not verify his right to work.or continue to work whilst your application is being considered so it was on this basis that he was asked by his employer to stop work.

Now he needs to submit a fresh application as an appeal will not avail him and like you say obie he is well out of time. Therefore could he go down the self sufficiency route and apply for csi?

[Obie]

It all depends on his circumstances and whether he has sufficient resources. He should challenge the Home office for loss of his employment.