Retained rights of residence refused

[Fatz]

Hello everyone I would like some advice please.
I was refused Ror.
Reasons given was not providing Ex spouse ID and not sufficient documents showing ex exercising treaty rights.

I have submitted an appeal and have been given a hearing date in November 2018 I am in the process of writing my statement.
I would grately appreciate any suggestions or regulations I could add.

I don't see how home office can expect me to provide my ex partners id after being divorced ?Also I submitted her self employment tax documents which I had for April 2017 however they have said the decree absolute was dated July 2017 now I don't know what I can provide to show she was exercising treaty rights from April 2017 to July 2017 her next tax documentation would have been given to her in April 2018 .

Has anyone experienced a similar experience ?any suggestiins

[OlaDPounds]

Hi Faz do you have to apply for ROR?

I have seen alot of people doing this but I didnt and was successful with my permanent residence application even though it was first refused for not providing ex spouse's ID.

[Fatz]

Hi Ola, thanks for your response. I have been advised to apply for Ror, to be honest I find all of this very complicated and don't know what to Do therefore went to solicitors and they advised me to apply for Ror which has been refused twice now
I have appealed and just waiting for the outcome now. If you don't mind may I ask how did you get PR without the I D ?

[Obie]

I believe your appeal will succeed. They may withdraw even before their hearing, which is what they have been doing lately.

After preparing for hearing and bundles, i receive notice that it has been withdrawn. So it may be the case for you.

[OlaDPounds]

Hi Ola, thanks for your response. I have been advised to apply for Ror, to be honest I find all of this very complicated and don't know what to Do therefore went to solicitors and they advised me to apply for Ror which has been refused twice now
I have appealed and just waiting for the outcome now. If you don't mind may I ask how did you get PR without the I D ?

I was firstly refused for no ID so my legal advisor who happens to be like a family friend now told me to look for photocopy of her valid passport which I was lucky to find on our computer as she's no where to be found since she moved out 2 years ago.

He also introduce me to a firm to help with tracing her and I had to ring up the firm and explain to them why I needed to find her so they did their job for 2 weeks they couldnt find her and they wanted another 2 weeks then I explaimed to them again that she may not even give me her ID to send to the HO for fact on how the marraige ended to they issued me a report 2 days later to state she was non traceable and didnt leave forwarding address as normal probably moved in with someone also the solicitor now wrote a letter and quoted 2 cases so I reapplied and included both report and solicitor letter which was addressed like I wrote it with the passport photocopy.

[Fatz]

Thank you vinny, Obie and Ola. I am hoping I succeed this time. I am glad I found this forum it has been very helpful.

[NaheedBella]

hi,
Married to EU partner November 2012
Divorced August 2017
Applied for Retained Rights of Residance Novemebr 17
COA December 17
Refusal Feburary 18 [reasons for Refusal: ID Card reported as Lost or stolen, didn't look on other provided documents, insufficient documents provided, Right of Appeal Given]
Appeal applied March 18
Hearing July 18
Judge GRANTED THE APPEAL against homeoffice alligation, they failed to provide the bundle in support of there alligation PLUS VALID PASSPORT OF EU partner given at the time of hearing

i hope u will be granted appeal, as they put almost the same objection on me

So, what will happen next, what will be the time frame for ROR, is it Biometric card
Hearing was Three days ago
thanks

[OlaDPounds]

hi,
Married to EU partner November 2012
Divorced August 2017
Applied for Retained Rights of Residance Novemebr 17
COA December 17
Refusal Feburary 18 [reasons for Refusal: ID Card reported as Lost or stolen, didn't look on other provided documents, insufficient documents provided, Right of Appeal Given]
Appeal applied March 18
Hearing July 18
Judge GRANTED THE APPEAL against homeoffice alligation, they failed to provide the bundle in support of there alligation PLUS VALID PASSPORT OF EU partner given at the time of hearing

i hope u will be granted appeal, as they put almost the same objection on me

So, what will happen next, what will be the time frame for ROR, is it Biometric card
Hearing was Three days ago
thanks

Its good news the judge allowed your appeal and if the HO dont appeal against the decision of the judge then you should get it within 8 weeks if I am correct and I think they changing everything to BRP now as I am not sure if they arill issue vinette (Sticker) in passports but msybe the senior members will be able to advice you on that.

[NaheedBella]

hi,
Married to EU partner November 2012
Divorced August 2017
Applied for Retained Rights of Residance Novemebr 17
COA December 17
Refusal Feburary 18 [reasons for Refusal: ID Card reported as Lost or stolen, didn't look on other provided documents, insufficient documents provided, Right of Appeal Given]
Appeal applied March 18
Hearing July 18
Judge GRANTED THE APPEAL against homeoffice alligation, they failed to provide the bundle in support of there alligation PLUS VALID PASSPORT OF EU partner given at the time of hearing

i hope u will be granted appeal, as they put almost the same objection on me

So, what will happen next, what will be the time frame for ROR, is it Biometric card
Hearing was Three days ago
thanks

Its good news the judge allowed your appeal and if the HO dont appeal against the decision of the judge then you should get it within 8 weeks if I am correct and I think they changing everything to BRP now as I am not sure if they arill issue vinette (Sticker) in passports but msybe the senior members will be able to advice you on that.

Hi,
my soliciator received the copy of decision on 13th August. HO returns the court fee as directed in the decision on 30th August 18 but still i havnt received any letter from home office regarding BRP till date. Now i am worried why they are taking so long to issue the card.
Any advise
thanks alot
Regards

[NaheedBella]

hi,
Married to EU partner November 2012
Divorced August 2017
Applied for Retained Rights of Residance Novemebr 17
COA December 17
Refusal Feburary 18 [reasons for Refusal: ID Card reported as Lost or stolen, didn't look on other provided documents, insufficient documents provided, Right of Appeal Given]
Appeal applied March 18
Hearing July 18
Judge GRANTED THE APPEAL against homeoffice alligation, they failed to provide the bundle in support of there alligation PLUS VALID PASSPORT OF EU partner given at the time of hearing

i hope u will be granted appeal, as they put almost the same objection on me

So, what will happen next, what will be the time frame for ROR, is it Biometric card
Hearing was Three days ago
thanks

Its good news the judge allowed your appeal and if the HO dont appeal against the decision of the judge then you should get it within 8 weeks if I am correct and I think they changing everything to BRP now as I am not sure if they arill issue vinette (Sticker) in passports but msybe the senior members will be able to advice you on that.

Hi,
my soliciator received the copy of decision on 13th August. HO returns the court fee as directed in the decision on 30th August 18 but still i havnt received any letter from home office regarding BRP till date. Now i am worried why they are taking so long to issue the card.
Any advise
thanks alot
Regards

Received the Card on Saturday 24 Nov18. thanks

[Thiva]

Hello Guys..i need your help please. I'm so stressed at the moment. my case is,

I applied for retained right of residence and got refused. there are 2 reasons on the refusal

1. HAVEN'T SUBMITTED A VALID PASSPORT.
my solicitor clearly stated on the covering letter that my current passport has expired and applied for a new passport (attached all the invoices issued from the embassy for passport renewal)

2. NO ENOUGH EVIDENCE OF TREATY RIGHTS OF THE SPONSOR (MY WIFE)
I have submitted all the pay slips of my wife during the period of the divorce process till the date of dicree absolute made.

and the appeal right is given.

according to my lawyer she says the home office should have requested the new passport giving a reference number for the passport submission and they haven't. also she mentioned on the covering letter requesting Home Office to check HMRC my wife's employee details if need. but Home Office refused my application haven't even contacting HMRC

so my question is, do you guys think the appeal is winnable or should i make a fresh application with more evidence and my new passport which i couldn't submit earlier. Please give your opinions. I highly appreciate
Many Thanks