Non-EEA retain right of residency refused by HO.

[Papalogic]

Please people, I recently divorced my EEA partner after four years off been married without kids. Having my five years residency permit already, I applied for my Retain Right of residency a year after with six months left in my visa to run out.

Despite providing all the necesary document including pay P60 for all the period we where both married abt working. But I was refused residency card because I didn’t provide my ex wife passport or ID on the application and didn’t show any evidence of trying to obtain it. Now am very confused as I didn’t have the certified copy of her ID plus she refusing to cooperate. I don’t know what to do. What’s your advice? I have fourteen days to appeal and by the time the refuser letter got to my repressentative, the fourteen days has already passed.
My lawyer is advising me to appeal the decision but am scared and seriously very confused. Any advice will be very appreaciated. Do you think appeal is my best option? Even thou I have a British child now from a British lady.

[Casa]

Please people, I recently divorced my EEA partner after four years off been married without kids. Having my five years residency permit already, I applied for my Retain Right of residency a year after with six months left in my visa to run out.

Despite providing all the necesary document including pay P60 for all the period we where both married abt working. But I was refused residency card because I didn’t provide my ex wife passport or ID on the application and didn’t show any evidence of trying to obtain it. Now am very confused as I didn’t have the certified copy of her ID plus she refusing to cooperate. I don’t know what to do. What’s your advice? I have fourteen days to appeal and by the time the refuser letter got to my repressentative, the fourteen days has already passed.
My lawyer is advising me to appeal the decision but am scared and seriously very confused. Any advice will be very appreaciated. Do you think appeal is my best option? Even thou I have a British child now from a British lady.

Your post has no relevance to the Brexit Referendum. I've moved it to the correct sub-forum

[Jbkhan32]

Please people, I recently divorced my EEA partner after four years off been married without kids. Having my five years residency permit already, I applied for my Retain Right of residency a year after with six months left in my visa to run out.

Despite providing all the necesary document including pay P60 for all the period we where both married abt working. But I was refused residency card because I didn’t provide my ex wife passport or ID on the application and didn’t show any evidence of trying to obtain it. Now am very confused as I didn’t have the certified copy of her ID plus she refusing to cooperate. I don’t know what to do. What’s your advice? I have fourteen days to appeal and by the time the refuser letter got to my repressentative, the fourteen days has already passed.
My lawyer is advising me to appeal the decision but am scared and seriously very confused. Any advice will be very appreaciated. Do you think appeal is my best option? Even thou I have a British child now from a British lady.

Use your appeal right as this is totally unfair decision
As a father of a British child you are also eligible for discretionary leave to remain

[observer_haters]

...I recently divorced my EEA partner after four years off been married without kids.

Use your appeal right as this is totally unfair decision
As a father of a British child you are also eligible for discretionary leave to remain

[Obie]

Please people, I recently divorced my EEA partner after four years off been married without kids. Having my five years residency permit already, I applied for my Retain Right of residency a year after with six months left in my visa to run out.

Despite providing all the necesary document including pay P60 for all the period we where both married abt working. But I was refused residency card because I didn’t provide my ex wife passport or ID on the application and didn’t show any evidence of trying to obtain it. Now am very confused as I didn’t have the certified copy of her ID plus she refusing to cooperate. I don’t know what to do. What’s your advice? I have fourteen days to appeal and by the time the refuser letter got to my repressentative, the fourteen days has already passed.
My lawyer is advising me to appeal the decision but am scared and seriously very confused. Any advice will be very appreaciated. Do you think appeal is my best option? Even thou I have a British child now from a British lady.

You are very fortunate to have an appeal, i believe it is a change of policy.

The actual Regulation, treats people who don't provide the ID as people who have made an invalid application, they therefore refuse them a right of appeal, as regulation 2 states that an invalid application is not an EEA decision, with the consequence being that no right of appeal exist under Regulation 36.