ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Retain right of residence refused

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

Locked
Chaudry786
Newly Registered
Posts: 3
Joined: Wed Mar 07, 2018 7:32 pm
United Kingdom

Retain right of residence refused

Post by Chaudry786 » Wed Mar 07, 2018 8:05 pm

Hi all,
I applied for ROR 28/12/2017 received all my documents today with a refusal letter saying.

HO REASON OF REFUSAL
“Your application has been considered under regulation 10 of the immigration EEA 2016.
In order for you to qualify under Retained right you would need to submit evidence that would document how both you and your sponsor were exercising your treaty rights at the point of your divorce while it is noted that you have submitted evidence of your treaty rights at this point, you have failed to submit adequate evidence that would document your sponsors stated self sufficiency. Therefore we have determined that you do not have ROR in the UK following divorce from your EE national sponsor”

above is the refusal from HO but I did submit joint bank statements and CSI for both of us covering at the time of divorce. I think it was enough to prove she was self sufficient relying on my income.

What should I do as I think this objection is baseless.

Thanks for your time, any help will be highly appreciated.

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

Re: Retain right of residence refused

Post by Obie » Wed Mar 07, 2018 8:27 pm

Joint bank statement on its own is not sufficient to demonstrate Self Sufficiency at the point of divorce, even with a CSI.

Home Office tend to refuse in this area a lot in my experience.
Smooth seas do not make skilful sailors

Chaudry786
Newly Registered
Posts: 3
Joined: Wed Mar 07, 2018 7:32 pm
United Kingdom

Re: Retain right of residence refused

Post by Chaudry786 » Wed Mar 07, 2018 8:39 pm

Thanks for your reply obie. But which other ways we could establish she was self sufficient?
What should I do now go to appeal or PAP or reapply? Thanks

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

Re: Retain right of residence refused

Post by Obie » Wed Mar 07, 2018 8:45 pm

If there is an appeal right you need to exercise it.

Fighting appeal against self sufficient refusal is always tough, but winnable. Home Office are always of the view that it is strange for a non eea national to support a person that he or she is about to divorce, that it is not credible. So it always entails a lot of work to prove otherwise.
Smooth seas do not make skilful sailors

Wise
BANNED
Posts: 462
Joined: Sat Nov 22, 2014 10:43 am
Germany

Re: Retain right of residence refused

Post by Wise » Thu Mar 08, 2018 2:49 pm

Another way of washing people time and money by the HO. Many applications was refused for not providing their ex wife ID but your own case they picked something different.

You will win in your appeal. They are just trying to make thinks difficult and help people working in the legal area to earn money.

Did you submit your ex ID with your application?
It is really good to help and everyone deserve to be respected in life. Good luck.

Chaudry786
Newly Registered
Posts: 3
Joined: Wed Mar 07, 2018 7:32 pm
United Kingdom

Re: Retain right of residence refused

Post by Chaudry786 » Fri Mar 09, 2018 11:26 pm

Wise wrote:
Thu Mar 08, 2018 2:49 pm
Another way of washing people time and money by the HO. Many applications was refused for not providing their ex wife ID but your own case they picked something different.

You will win in your appeal. They are just trying to make thinks difficult and help people working in the legal area to earn money.

Did you submit your ex ID with your application?
No I didn’t submit my ex ID, I will update regards to my case. Thanks for your reply’s, any suggestions will be highly appreciated thanks.

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

Re: Retain right of residence refused

Post by Obie » Fri Mar 09, 2018 11:34 pm

Perhaps it may help if the lady can come to tribunal to confirm she has access to your money and was using it to support herself.
Smooth seas do not make skilful sailors

Locked