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merits in appeal

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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naija99
Member of Standing
Posts: 473
Joined: Wed May 16, 2012 7:18 pm

merits in appeal

Post by naija99 » Thu Jan 04, 2018 5:38 pm

Can Obie or someone give an opinion of whether this appeal will have any chance of success...
A lady applied for RoR after divorce, was married for 5 years.
Her initial RC was granted on basis of unmarried partner because her proxy marriage certificate was not accepted.

She later went on to divorce and apply for RoR
It was refused for two reasons - unmarried partners cannot retain RoR and also even though she provided her ex husband ID, he had reported it lost and so it was not accepted as valid.

Are there any chances of a successful appeal as proxy marriages were later accepted. Could she fight for that status to be recognised so that she can obtain RoR?

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

Re: merits in appeal

Post by Obie » Thu Jan 04, 2018 6:04 pm

It may succeed depending on the circumstances, Also see Kareem no Longer good law and Awuku

Not helpful to use ID that has been reported as lost or stolen, may lead to unintended consequences.
Smooth seas do not make skilful sailors

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