PR Application and eea id

[Wise]

Nothing to share until all non EU in this country start to realise that any time HO make changes , it's done for purpose and that changes will stay in place until it's challenge through appeal. Who will be the first?

Also what i think is missing here was the fact that those that was or will be affected by this measure hasn't develop an idea of challenging it through a legal person by coming together as one and everyone who think he or she fall into this category will support the move with all means.

Moreover, how do we all think Article 50 was challenged. It was people who come together and took government to court through crowd funding and won. HSMP has done the same in the past when HO was trying implement an extension to the permit issued before they make change which will extend their status before acquiring settlement. But everyone make contribution and instruct a Lawyer, take HO to court and won.

IF ANY OF THE MODERATOR OR PEOPLE IN CHARGE OF THE FORUM CAN HELP TO DEVELOP A SYSTEM WHERE TO ASK PEOPLE TO VOLUNTEER TO SPONSOR LEGAL PERSON OVER SUDDEN REGULATION CHANGES WHICH IS NOT PART OF EU LAW THAT WILL BE GREAT.

THESE IS MY OPINION.

[MW79]

Hi everyone,

I read all you post & need to know if anyone of you got reply (PR) after Feb 2017.

[soyerlife]

Nothing to share until all non EU in this country start to realise that any time HO make changes , it's done for purpose and that changes will stay in place until it's challenge through appeal. Who will be the first?

Also what i think is missing here was the fact that those that was or will be affected by this measure hasn't develop an idea of challenging it through a legal person by coming together as one and everyone who think he or she fall into this category will support the move with all means.

Moreover, how do we all think Article 50 was challenged. It was people who come together and took government to court through crowd funding and won. HSMP has done the same in the past when HO was trying implement an extension to the permit issued before they make change which will extend their status before acquiring settlement. But everyone make contribution and instruct a Lawyer, take HO to court and won.

IF ANY OF THE MODERATOR OR PEOPLE IN CHARGE OF THE FORUM CAN HELP TO DEVELOP A SYSTEM WHERE TO ASK PEOPLE TO VOLUNTEER TO SPONSOR LEGAL PERSON OVER SUDDEN REGULATION CHANGES WHICH IS NOT PART OF EU LAW THAT WILL BE GREAT.

THESE IS MY OPINION.

A Great Idea from You if we all get together and get ready to chalange them
what a stupid regulation really

[Obie]

There is a right of appeal against such decisions at present.

Following series of Pre-action protocols, home office settled all decision by either granting residence card, giving right of appeal or refusing on another basis with right of appeal.

[Abeythedon]

[quote=Obie post_id=1615621 time=1522254928 user_id=36693]
There is a right of appeal against such decisions at present.

Following series of Pre-action protocols, home office settled all decision by either granting residence card, giving right of appeal or refusing on another basis with right of appeal.

at Obie

I was with a solicitor regarding this issue last week.
Her client applied with eea expired passport as the eea is no where to be found but the HO refused the application and He was asked to produce the valid eea passport.

He was given right of appeal and went to court but fortunately He managed to see the ex spouse and the lawyer certified the ex spouse passport and send it to the court.
Th judges dismissed his case, they said so far He managed to get the spouse and got the ID from her, He should also use that ID to reapply again, they even said once your solicitor can cerified the passport why can't He take the passport to European Service for certification.
Application dismissed

[soyerlife]

There is a right of appeal against such decisions at present.

Following series of Pre-action protocols, home office settled all decision by either granting residence card, giving right of appeal or refusing on another basis with right of appeal.

at Obie

I was with a solicitor regarding this issue last week.
Her client applied with eea expired passport as the eea is no where to be found but the HO refused the application and He was asked to produce the valid eea passport.

He was given right of appeal and went to court but fortunately He managed to see the ex spouse and the lawyer certified the ex spouse passport and send it to the court.
Th judges dismissed his case, they said so far He managed to get the spouse and got the ID from her, He should also use that ID to reapply again, they even said once your solicitor can cerified the passport why can't He take the passport to European Service for certification.
Application dismissed

Hi Abeythedon

Did he apply for PR after he was granted ROR ?

Thank you.

[Abeythedon]

There is a right of appeal against such decisions at present.

Following series of Pre-action protocols, home office settled all decision by either granting residence card, giving right of appeal or refusing on another basis with right of appeal.



I was with a solicitor regarding this issue last week.
Her client applied with eea expired passport as the eea is no where to be found but the HO refused the application and He was asked to produce the valid eea passport.

He was given right of appeal and went to court but fortunately He managed to see the ex spouse and the lawyer certified the ex spouse passport and send it to the court.
Th judges dismissed his case, they said so far He managed to get the spouse and got the ID from her, He should also use that ID to reapply again, they even said once your solicitor can cerified the passport why can't He take the passport to European Service for certification.
Application dismissed

Hi Abeythedon

Did he apply for PR after he was granted ROR ?

Thank you.

He's qualify for PR so He didn't apply for RoR .
There wedding was more than 5years
PR only and He was refused

[Obie]

Well I think the judge clearly erred in law, but the lawyer made things easy for the judge to dismiss the appeal, even though as a matter of law the judge was wrong to dismiss.


When you do these type of appeal, the key is to demonstrate how unreasonable regulations 21(5) is, and how impossible the task for the client to get the ID is.

I paint a picture in the mind of the judge that the requirement is so impossible for the client , and it is insurmountable obstacle to the exercise of his rights under the community treaties such that he will be forced to leave.

The choice I put before the judge is 2, allow the appeal based on the facts I have set out, which you have to engage and provide reasons or dismiss my appeal with lack of logical reason and I will mount a credible challenge at the UT.

It will be stupid to say the EEA national is now happy to assist.

[soyerlife]

Any news in similar cases ? Are they issuing PR without ex spouse EEA ID ? Any successful appeals ?

[bisiobe]

Hi
I am new to the group. I also applied with the ID in june and was refused.
My friend as well refused due to no ID. Appeal but lost the appeal as well. What can she do this time.

[bisiobe]

Hi
I am new to the group. I also applied with the ID in june and was refused.
My friend as well refused due to no ID. Appeal but lost the appeal as well. What can she do this time.

[Obie]

Why was appeal lost?

[bisiobe]

They said she must provide her ex ID and she doesn't have it

[Obie]

I am surprised how people lose appeal on ID, so far my 4-appeals on ID has been allowed. Today I got a withdrawal for another hearing that was scheduled for the 21-05.

I am interested in knowing what reasons are given for dismissing appeals for ID, so I can plan ahead, as I have had none so far.

I have had some application refused because of ID, but not appeals.

[soyerlife]

HI Obie ,

was the succesfull appeals recent ? does home office chalenge it badly in court ?

probably bisiobe needs to give us more details on what the appeal refusal letter says ?
did you apply for PR stright after divorce or you had ROR already ?

Thank you .

[Jayjay2017]

They said she must provide her ex ID and she doesn't have it

Was it a paper appeal or oral hearing?

[bisiobe]

It was oral appeal.

[bisiobe]

Hi obie

Any advice for my own please

[Obie]

Well all cases are different. It all depends on how the individuals case was presented. There are people who have lost because of how their case was presented. Some provided payslip, and other documents of EEA national, but then home office ask how you got this but not passport. In my opinion a successful appeal is very much linked to how the application was presented, and whether the exercise of the discretion under Regulation 42 was requested.

[soyerlife]

If i have second RC under ROR and kept my ex treaty right document but not ID .
Do you advice i apply for PR without her treaty right ?in case they ask why i have it but no ID ?

Thank you .

[Obie]

All person must provide evidence of their ex-wife treaty rights covering the period from their marriage to divorce or they will fail anyway. So that is not a solution.

[soyerlife]

Means applicant has to show they did what the can but not chance to have it ...HO can always stick with how can applicant provide treaty right and no ID .
it is not a clear regulation which can help judges to take a fair decision , t is about luck ....?

[Obie]

Finally Home Office has accepted that requiring ID from divorced couple is a difficult task.

I received a refusal of Permanent Residence today and the Home Office said this:

" Whilst this department accepts that requiring you to provide the ID card or passport of your divorced spouse will be extremely difficult in circumstances where you are divorced and she is not prepared to give it to you, regulation 21(5) requires you to provide it, and you must provide it, unless there are compassionate circumstances beyond your control why you could not do this"..

I came to this conclusion that this decision letter demonstrates that the Home Office has finally lost the plot. This department is a ticking bomb waiting to explode. They are in a state of disarray, moving like headless chicken with no hope in the horizon. This is evidence of the hostile environment in action.

I am happy with the concession, and live to fight another day.

I am not sure this caseworker sought instructions from her superior before making this concession t, but i most certainly hope to make a field day of it at the tribunal. I will hunt them like a ghost.

I knew it was only a matter of time before these caseworker's conscience start playing tricks with their decision.

[soyerlife]

Bunch of heartless incompetent ......
Im sure they will withdraw before court date .

[Pillar644]

Am in the same situation on providing my ex ID but has appealed I hope I get my ROR (created a thread on that but has not been receiving comments so far