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Urgent:ROR(Singh)Refused RC revoked NonEea passport retained

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sinead1982
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Urgent:ROR(Singh)Refused RC revoked NonEea passport retained

Post by sinead1982 » Mon May 16, 2016 2:12 pm

I urgently need some assistance in what next steps to take.

Refusal of ROR was received on Friday 13th May and I (sponsor) have been in a constant state of anxiety and panic attack since and so have yet to inform the applicant.

I am a British citizen and the Non-Eea national (Egyptian) is my ex husband and the details are as follows:

-Married in UK (Church of England) on 17th May 2008
-I exercised treaty rights as full time worker in The Netherlands for 3 months
-Entered UK with me and no EEA FP (only his Dutch equivalent of COA) via Calais at end of December 2011
-Applied for RC under Singh 06th March 2012
-Issued with RC in line with Singh on 06 September 2012

-Divorce initiated by myself in April 2015
-Decree absolute issued 09th September 2015

Things are civil and since he would struggle to prepare application due to language difficulties and earns rather too little to pay for legal assistance, I prepared and submitted his application for ROR.

-ROR application submitted 28th November 2015

Evidence supplied:

-Marriage certificate (Married on 17th May 2008)
-Decree absolute dated 09th September 2015
-Non-Eea's payslips from April to November 2015
-Non-Eea's bank statements from April to November 2015
-British Gas bills in joint names from November 2013 to April 2015.
-British gas bills in solely sponsor's name from May 2015 up until decree absolute issued
-Thames Water bills in only sponsor's name from August 2014 to October 2015
-Barclaycard 'copy' statements in Non-Eea's name issued by and accompanied with letter from, Barclaycard confirming that account was opened at home address shared with sponsor in November 2013

-Refusal received 13th May 2016

-Refusal letter outlines criteria that must be satisfied in order to retain right of residence and states 'in addition you applied for permanent residence' when at no time was permanent residence applied for.

-British Gas bills are mentioned and described as photocopies that cannot be used as original evidence (I printed them from my online British Gas account which I now see was a mistake)

-Thames Water bills are not even mentioned as I guess the same applies since they are black and white print outs of online pdf bills.

-My ex husband's Egyptian passport has not been returned and there is not even a mention of it in any of the correspondence.

-A letter is enclosed to say that previous RC has been revoked

-There is a form enclosed which must be returned within 14 days if an appeal is required.

-From what I understand the reason for refusal is that it has not been proven that I the sponsor was resident in The UK up until the decree absolute was issued.

-I have been resident in The UK since returning from The Netherlands via Calais in December 2011.
-I have not been employed in The UK however in that time which as I understand would not be an issue in line with The EIND judgement.

Please could somebody kindly guide me on how to proceed next.

Would it be best to simply gather more evidence and reapply?
Are they permitted to retain The Egyptian passport without even informing of such in writing?

Would original Thames Water bills, mobile phone bills, letters from charities that I have volunteered for on a weekly basis, TV license correspondence and credit card statements serve to PROVE that I was resident up until the decree absolute was issued?

Help would be extremely appreciated.

Many Thanks

noajthan
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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by noajthan » Mon May 16, 2016 8:40 pm

Most unfortunate.
And unfortunately it appears ex-spouse will have no status in UK (at least after the appeal window expires) so taking time to reapply may prove problematic.

Can you post extracts from the refusal letter.

An appeal seems a longshot as a refusal was within the rules if you didn't submit adequate and comprehensive evidence.
For example, the forms carry clear advisories.

HO tends to play hard ball in these cases by not taking prisoners ...
Unless otherwise stated, please send original documents only. Photocopies are not acceptable. If you’re unable to send the original, please explain why. We’re unlikely to be able to approve your application without sight of the original document
Did you submit the SS RC?
(You mention its now been revoked but didn't say if submitted).

Was it made clear in the original application that yours is a SS-based case? Did you spell that out in a note or paragraph?

In your favour is the fact you are British. Your passport may help prove your residency in UK.
Yes, throw in all the documents you suggested and more.
See both the EFM & PR guidance notes also AN (naturalisation) guidance for further ideas on documents demonstrating residence.

If you have time you could also request a SAR from UKVI which may show any transits across borders.

In a cogent appeal letter, you can quote Eind to remind the caseworker you had no need to exercise treaty rights once back in UK.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

sinead1982
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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by sinead1982 » Tue May 17, 2016 12:53 pm

Many thanks Noajthan for your reply.

Yes, The RC issued under SS was submitted with the application and with hindsight I was perhaps mistaken in doing so, though I was under the impression that it was essential that it be submitted.

The content of the letter is below but may I ask how problematic things could be?
Would applicant be subject to immediate removal and is there anything that would prevent a second application being considered?

I am in the process of gathering Thames water bills, original landline bills and TV license correspondence and actual licenses solely in my name and bills from British gas in joint names and then in sponsor’s sole name up until decree absolute issued. (which will all be posted out to me in due time and will all be originals this time around.)

Do I have to prove that I was resident in The UK from when we returned from The Netherlands and Applicant thereby began living ‘in line with the regulations’ or do I need to prove residence only from point that SS RC was issued in September 2012?

So at present time is rapidly running out as refusal was received on 13/05/2016 with 14 days to appeal and not only am I uncertain of whether appealing would be appropriate, I am also not sure of just how rapidly I can receive this additional documentation to prove that I, the sponsor was resident in The UK.

Please note that PR was never applied for so I am at a loss to understand why they state that it was in the letter.

The 'reasons for refusal' letter is as follows:

Dear Mr X,

On 28th November 2015 you applied for a permanent residence card as a confirmation of a right to reside in the United Kingdom.

An official has considered your application on behalf of the secretary of State.

In order to qualify for a retained right of residence following divorce from EEA national after being granted a residence card under the Surinder Singh ruling, in accordance with regulation 10 (5) of the Immigration (EEA) regulations 2006 the following information is required:

-Evidence that your EEA former spouse was residing in the United Kingdom up to the point of divorce.

-Evidence that your marriage lasted for at least 3 years and that you and your former spouse resided in the United Kingdom for at least 1 year during marriage.

-Evidence that you are currently in employment, self-employment or economically self-sufficient as if you were an EEA national.

In addition, as your application is for permanent residence etc etc etc

You have produced a decree absolute issued by the United Kingdon on 09th September 2015 and therefore it is accepted that the marriage to the EEA national is dissolved.
In order to retain a right of residence you would need to provide evidence that the marriage had lasted for 3 years and that during at least 1 of those years you resided in the UK.

Mentions that joint names British gas bills spanning 13th November 2013 to 02nd March 2015 are ‘photocopies’ and so cannot be accepted as original evidence.

'You have failed to provide evidence that you meet the requirements of regulation 10 (5) as you have not demonstrated that your sponsor resided in UK up to the point of divorce and you have therefore not retained a right of residence following divorce, or that you have resided under the regulations for 5 continuous years to qualify for permanent residence.

Therefore it has been decided to refuse to issue the confirmation that you seek under regulation 15 (1) (f) , with reference to regulation 10 (5).

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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by noajthan » Tue May 17, 2016 2:08 pm

sinead1982 wrote:Many thanks Noajthan for your reply.

Yes, The RC issued under SS was submitted with the application and with hindsight I was perhaps mistaken in doing so, though I was under the impression that it was essential that it be submitted.

The content of the letter is below but may I ask how problematic things could be?
Would applicant be subject to immediate removal and is there anything that would prevent a second application being considered?

I am in the process of gathering Thames water bills, original landline bills and TV license correspondence and actual licenses solely in my name and bills from British gas in joint names and then in sponsor’s sole name up until decree absolute issued. (which will all be posted out to me in due time and will all be originals this time around.)

Do I have to prove that I was resident in The UK from when we returned from The Netherlands and Applicant thereby began living ‘in line with the regulations’ or do I need to prove residence only from point that SS RC was issued in September 2012?

So at present time is rapidly running out as refusal was received on 13/05/2016 with 14 days to appeal and not only am I uncertain of whether appealing would be appropriate, I am also not sure of just how rapidly I can receive this additional documentation to prove that I, the sponsor was resident in The UK.

Please note that PR was never applied for so I am at a loss to understand why they state that it was in the letter.

The 'reasons for refusal' letter is as follows:

...
Well you should have submitted the RC; as per my understanding, it's critical evidence to help prove you had completed the SS route.
It's just unfortunate that on a refusal it's been revoked (that's normal procedure).

Technically your spouse has no basis to remain in UK. But it may be significant he wasn't invite to leave UK.
Any administrative removal (it wouldn't be a deportation) would be done under due process and with notifications.

All you can do is appeal at this time, so just go for it.

Suggest aim to prove as long a residency as possible (within the time you have to gather evidence).
Make it as easy as possible for the caseworker to decide in your favour.

As well as the docs you mentioned may be you can also get council tax bill, entry from electoral roll &/or voter registration letter/card & etc.
You mentioned charitable activities so perhaps a letter or testimonial from the charity management may help (although personal type letters probably carry less weight than 'official' documents).
Similarly can you get anything from any religious or community or other social organisations, clubs/societies you may be involved with?

:!: Note one of the failings was not proving the applicant's 5 years of residency in UK (not yours).
So gather as much for spouse too.

You have some clear points enumerated in the refusal letter, it's just a case of refuting or addressing them one by one, as best you can.

The obscure reference to PR is probably just some boilerplate text from a standard letter.

Here are the relevant EEA regulations as fyi:
http://www.eearegulations.co.uk/Latest/ByPage/part1_10

and HO guidance:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 15+ wrt reg 10(5)

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

sinead1982
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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by sinead1982 » Tue May 17, 2016 2:46 pm

Thank you for your reply.

With regards to appealing is there any point of doing so if I was in the wrong by submitting insufficient evidence as well as photocopies of some documentation?

I looked over PR guidance as you suggested and TV license letters are listed as well as utility bills.

-The marriage did last for more than 3 years.
-We did live together for 1 year or more in the UK
-He is employed full time since divorce proceedings began
-and I have always resided in The UK so was residing here up until divorce.

So all the criteria for retention rights is satisfied although obviously I did not satisfy the evidential requirements.

The letter does say that he has no further basis of stay in the UK and should arrange to leave the country. (I have acute anxiety reading that but perhaps it's generic wording on all refusals?)

The letter does go on to say that if you have necessary evidence then you can apply again for PR.

(I would assist him in reapplying for ROR)

The SAR you mention is a Subject access request, right?
I've assisted those claiming asylum I'm applying for them I'm advocacy volunteering but am unsure what they contain and know that they take a while to receive.

So if the appeal window passes could UKBA potentially refuse to accept another application for ROR?

At present are his rights still derived from the regulations but simply not CONFIRMED?

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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by noajthan » Tue May 17, 2016 3:02 pm

sinead1982 wrote:Thank you for your reply.

With regards to appealing is there any point of doing so if I was in the wrong by submitting insufficient evidence as well as photocopies of some documentation?

I looked over PR guidance as you suggested and TV license letters are listed as well as utility bills.

...

So all the criteria for retention rights is satisfied although obviously I did not satisfy the evidential requirements.

The letter does say that he has no further basis of stay in the UK and should arrange to leave the country. (I have acute anxiety reading that but perhaps it's generic wording on all refusals?)

The letter does go on to say that if you have necessary evidence then you can apply again for PR.

(I would assist him in reapplying for ROR)

The SAR you mention is a Subject access request, right?
I've assisted those claiming asylum I'm applying for them I'm advocacy volunteering but am unsure what they contain and know that they take a while to receive.

So if the appeal window passes could UKBA potentially refuse to accept another application for ROR?

At present are his rights still derived from the regulations but simply not CONFIRMED?
At the moment all you can do is appeal.
You believe you meet the basic requirements (& on face of it you do) - just submit any/all documents to re-confirm and extend your evidence, and hope for the best.

My understanding is spouse no longer has a basis to be in UK. He has no sponsor as he has just divorced. His RC has been revoked (and anyway its not a visa).
Noone should come smashing your door down, there are enforcement procedures that HO follow.
I can add the link if you wish.

Yes, a SAR is a subject access request. It may take too long to get a reply.

I suppose you could, in parallel, assemble an application for confirmation of spouse's PR too, that is if the timelines for PR work out. (I haven't checked).

Not sure if you can re-apply for another ROR after this appeal.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

sinead1982
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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by sinead1982 » Tue May 17, 2016 4:27 pm

To be honest I am finding wording of Home office correspondence incomprehensible.

Maybe it's because I've been in an almost constant state of anxiety and panic attack since the arrival of the refusal or else I'm just unable to comprehend very much at all. :)

For instance, it states right to an in country appeal and then goes on to say there would be no right to remain in the UK whilst appeal is pending.

In addition it says should you find yourself in a position to supply evidence of your right to live in the UK under EU law then you may wish alternatively to reapply.

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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by lurli » Tue May 17, 2016 4:45 pm

Please take your time to type out the refusal letter, don't bother yourself too much with in-country or no in-country right of appeal.

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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by noajthan » Tue May 17, 2016 4:53 pm

Letter is in 1 of preceding posts
All that is gold does not glitter; Not all those who wander are lost. E&OE.

sinead1982
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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by sinead1982 » Tue May 17, 2016 6:45 pm

Please could a moderator if available kindly clarify for me whether if an appeal is lodged and lost would that then remove the right to reapply for retained right of residency?

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Post by nwaotu » Tue May 17, 2016 7:05 pm

sinead1982 wrote:Many thanks Noajthan for your reply.

Yes, The RC issued under SS was submitted with the application and with hindsight I was perhaps mistaken in doing so, though I was under the impression that it was essential that it be submitted.

The content of the letter is below but may I ask how problematic things could be?
Would applicant be subject to immediate removal and is there anything that would prevent a second application being considered?

I am in the process of gathering Thames water bills, original landline bills and TV license correspondence and actual licenses solely in my name and bills from British gas in joint names and then in sponsor’s sole name up until decree absolute issued. (which will all be posted out to me in due time and will all be originals this time around.)

Do I have to prove that I was resident in The UK from when we returned from The Netherlands and Applicant thereby began living ‘in line with the regulations’ or do I need to prove residence only from point that SS RC was issued in September 2012?

So at present time is rapidly running out as refusal was received on 13/05/2016 with 14 days to appeal and not only am I uncertain of whether appealing would be appropriate, I am also not sure of just how rapidly I can receive this additional documentation to prove that I, the sponsor was resident in The UK.

Please note that PR was never applied for so I am at a loss to understand why they state that it was in the letter.

The 'reasons for refusal' letter is as follows:

Dear Mr X,

On 28th November 2015 you applied for a permanent residence card as a confirmation of a right to reside in the United Kingdom.

An official has considered your application on behalf of the secretary of State.

In order to qualify for a retained right of residence following divorce from EEA national after being granted a residence card under the Surinder Singh ruling, in accordance with regulation 10 (5) of the Immigration (EEA) regulations 2006 the following information is required:

-Evidence that your EEA former spouse was residing in the United Kingdom up to the point of divorce.

-Evidence that your marriage lasted for at least 3 years and that you and your former spouse resided in the United Kingdom for at least 1 year during marriage.

-Evidence that you are currently in employment, self-employment or economically self-sufficient as if you were an EEA national.

In addition, as your application is for permanent residence etc etc etc

You have produced a decree absolute issued by the United Kingdon on 09th September 2015 and therefore it is accepted that the marriage to the EEA national is dissolved.
In order to retain a right of residence you would need to provide evidence that the marriage had lasted for 3 years and that during at least 1 of those years you resided in the UK.

Mentions that joint names British gas bills spanning 13th November 2013 to 02nd March 2015 are ‘photocopies’ and so cannot be accepted as original evidence.

'You have failed to provide evidence that you meet the requirements of regulation 10 (5) as you have not demonstrated that your sponsor resided in UK up to the point of divorce and you have therefore not retained a right of residence following divorce, or that you have resided under the regulations for 5 continuous years to qualify for permanent residence.

Therefore it has been decided to refuse to issue the confirmation that you seek under regulation 15 (1) (f) , with reference to regulation 10 (5).
Hi Sinead

To me , the refusal was not in accordance with the immigration rules. There is no requirement in the EEA regulation 2006 10 (5) for you to submit ''evidence that your EEA former spouse was residing in the United Kingdom up to the point of divorce.''
it clearly states:(b)''he was residing in the United Kingdom in accordance with these Regulations at the date of the termination.'' which means that, the non EEA national needs to submit evidence that he was residing in the UK at the date of divorce i.e. within that period and also that, the EEA national was exercising treaty rights at the date of divorce. it never said EEA national's evidence of residence up to the point of divorce.

my dear, appeal you will win! my friend's application was refused with the same reason. He appealed and it was allowed.

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Re:

Post by noajthan » Tue May 17, 2016 8:29 pm

nwaotu wrote:Hi Sinead

To me , the refusal was not in accordance with the immigration rules. There is no requirement in the EEA regulation 2006 10 (5) for you to submit ''evidence that your EEA former spouse was residing in the United Kingdom up to the point of divorce.''
it clearly states:(b)''he was residing in the United Kingdom in accordance with these Regulations at the date of the termination.'' which means that, the non EEA national needs to submit evidence that he was residing in the UK at the date of divorce i.e. within that period and also that, the EEA national was exercising treaty rights at the date of divorce. it never said EEA national's evidence of residence up to the point of divorce.

my dear, appeal you will win! my friend's application was refused with the same reason. He appealed and it was allowed.
The caseworker may also be trying to determine whether the sponsor's PR has expired due to any prolonged absence from UK (regardless of the fact that, in this special case, OP/sponsor is a BC).
In general terms that is also a legitimate test as other regulations can come into play; ie as well as 10(5).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by sinead1982 » Tue May 17, 2016 9:34 pm

Thank you for your reply nwaotu.

Just to clarify that I am a British Citizen who exercised treaty rights for 3 months back in 2011 in The Netherlands so would not need to show any treaty rights/economical activity carried out by myself in the UK since returning due to the Eind judgement.

If my Ex spouse reapplying for ROR is an option EVEN if appeal is LOST then he will surely appeal but I cannot seem to clarify very much at present.

Also when they say 14 days to lodge appeal how much time would I have in which to obtain evidence?

I am willing to swear an affidavit that I have resided only in the UK since returning from The Netherlands in December 2011 until present day but both Thames Water and British Gas have both informed me that since the original bills I've requested date right back to early 2012, then I can not expect to receive them in the post until the end of this month so if appeal is lodged, would I even have the required documentary evidence in my possession by the time it is heard?

In addition is an appeal even appropriate if the correct/original documentary evidence was not submitted in the first place?

Can NEW/FURTHER evidence just be presented at an appeal?

I would accompany applicant to appeal if required but I need to ascertain whether a lost appeal would mean no right to reapply for retention rights.

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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by noajthan » Tue May 17, 2016 9:51 pm

sinead1982 wrote:Please could a moderator if available kindly clarify for me whether if an appeal is lodged and lost would that then remove the right to reapply for retained right of residency?
A disclaimer: a Board moderator here simply moderates the board and may or may not be a legal professional.

My understanding, as explained already, is spouse will have no grounds to remain and reside in UK after the appeal date unless the decision goes in his favour.

Reason: his RC has been revoked and he no longer has an EEA sponsor.

As to appealing, and with new information, just do it.
Its the only chance.
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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by lurli » Tue May 17, 2016 10:00 pm

It is not lawfully correct to suggest that the ex may not have a legal right to remain in the UK after the appeal date, revocation of RC does not simply erode the right to reside, for example the applicant may submit further application which will be reconsidered and if refused again will trigger another right of appeal. RC or PR does not create rights, they evidence existing rights. A British citizen who is denied a British passport on grounds that the decision maker thought they were not British, does not mean they are not actually British, citizenship is guaranteed by statute and not by the decision to evidence that by a passport or refusal to issue such document.

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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by lurli » Tue May 17, 2016 10:05 pm

sinead1982 wrote:Thank you for your reply nwaotu.

Just to clarify that I am a British Citizen who exercised treaty rights for 3 months back in 2011 in The Netherlands so would not need to show any treaty rights/economical activity carried out by myself in the UK since returning due to the Eind judgement.

If my Ex spouse reapplying for ROR is an option EVEN if appeal is LOST then he will surely appeal but I cannot seem to clarify very much at present.

Also when they say 14 days to lodge appeal how much time would I have in which to obtain evidence?

I am willing to swear an affidavit that I have resided only in the UK since returning from The Netherlands in December 2011 until present day but both Thames Water and British Gas have both informed me that since the original bills I've requested date right back to early 2012, then I can not expect to receive them in the post until the end of this month so if appeal is lodged, would I even have the required documentary evidence in my possession by the time it is heard?

In addition is an appeal even appropriate if the correct/original documentary evidence was not submitted in the first place?

Can NEW/FURTHER evidence just be presented at an appeal?

I would accompany applicant to appeal if required but I need to ascertain whether a lost appeal would mean no right to reapply for retention rights.
Lodge the appeal now, you will send in the evidence as part of your bundle, which will probably be many months from now. You may consider reapplying again if you feel you have not submitted the required documents.

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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by noajthan » Tue May 17, 2016 10:07 pm

lurli wrote:It is not lawfully correct to suggest that the ex may not have a legal right to remain in the UK after the appeal date, revocation of RC does not simply erode the right to reside, for example the applicant may submit further application which will be reconsidered and if refused again will trigger another right of appeal. RC or PR does not create rights, they evidence existing rights. A British citizen who is denied a British passport on grounds that the decision maker thought they were not British, does not mean they are not actually British, citizenship is guaranteed by statute and not by the decision to evidence that by a passport or refusal to issue such document.
Yep, RC is confirmatory as already explained to OP.

Right to reside is predicated on EEA sponsor and due to divorce the applicant has no sponsor.

RC has been revoked, HO has applicant's passport & intimated a voluntary exit.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by lurli » Tue May 17, 2016 10:21 pm

Whilst it is correct that the rights on the non-EEA FM are derived from the sponsor, divorced from the sponsor does not simply erode the rights. If OP has been married for 3 years and has lived in the UK for one year of those 3 years, then without further condition under SS, ex would have automatically retained rights, whether he has acquired PR would now depend on what he has been doing since divorced from the sponsor.

The posts look a bit cluttered.
Last edited by lurli on Tue May 17, 2016 10:27 pm, edited 1 time in total.

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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by lurli » Tue May 17, 2016 10:26 pm

Have had a look at the refusal, if the applicant has not been exercising treaty rights since divorced from the sponsor, it is difficult to see how he would qualify for PR however, it is difficult to see how he would not qualify for another residence card having retained his right.

If the applicant has not exercised treaty rights since divorce, then the best route is another application for RC as someone who have retained the right to reside.

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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by lurli » Tue May 17, 2016 10:40 pm

Revocation of the RC seems to be the correct decision in this case, as the applicant already ceases to being a family member, he may have retained rights on his own however, he would need confirmation of that separately from the existing confirmation.

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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by nwaotu » Tue May 17, 2016 11:21 pm

Ok. Sinead

All i am is that, it is not a requirement under eea regulations 2006 to provided evidence of your residence in the Uk until divorce. That can be your ground for appeal. But if you have the documents you can include it in the bundle.



sinead1982 wrote:Thank you for your reply nwaotu.

Just to clarify that I am a British Citizen who exercised treaty rights for 3 months back in 2011 in The Netherlands so would not need to show any treaty rights/economical activity carried out by myself in the UK since returning due to the Eind judgement.

If my Ex spouse reapplying for ROR is an option EVEN if appeal is LOST then he will surely appeal but I cannot seem to clarify very much at present.

Also when they say 14 days to lodge appeal how much time would I have in which to obtain evidence?

I am willing to swear an affidavit that I have resided only in the UK since returning from The Netherlands in December 2011 until present day but both Thames Water and British Gas have both informed me that since the original bills I've requested date right back to early 2012, then I can not expect to receive them in the post until the end of this month so if appeal is lodged, would I even have the required documentary evidence in my possession by the time it is heard?

In addition is an appeal even appropriate if the correct/original documentary evidence was not submitted in the first place?

Can NEW/FURTHER evidence just be presented at an appeal?

I would accompany applicant to appeal if required but I need to ascertain whether a lost appeal would mean no right to reapply for retention rights.

sinead1982
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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by sinead1982 » Tue May 17, 2016 11:23 pm

Many thanks to all who have replied.

-Application was never for PR to begin with since RC under Singh issued 04/09/2012 and decree absolute issued 09/09/2015 so it was stated clearly to HO that application was for ROR.

-Applicant has been in full time employment throughout entire divorce proceedings and is still currently employed.

-As I understand it all RCs do not grant rights but merely confirm them but yet according to HO guidance, time spent BETWEEN decree absolute being issued and submitting an application for ROR can NOT be counted towards 5 year residency requirement for PR, frankly I just don't get it.

-Also right to an In Country appeal is confirmed in refusal then goes on to say 'this doesn't mean you can remain in UK whilst appeal pending' if it wasn't so frustrating it'd be comical.

I guess I'll appeal and reapply simultaneously if it's permitted to do so.

nwaotu
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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by nwaotu » Tue May 17, 2016 11:33 pm

Ok sinead

All i am saying is that there is no requirement under the eea regulations 2006 for you to prove your residence until divorce. That can be your ground for appeal.However, If you have the document you could include it in the bundle.
lurli wrote:Revocation of the RC seems to be the correct decision in this case, as the applicant already ceases to being a family member, he may have retained rights on his own however, he would need confirmation of that separately from the existing confirmation.

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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by nwaotu » Tue May 17, 2016 11:41 pm

sinead1982 wrote:To be honest I am finding wording of Home office correspondence incomprehensible.

Maybe it's because I've been in an almost constant state of anxiety and panic attack since the arrival of the refusal or else I'm just unable to comprehend very much at all. :)

For instance, it states right to an in country appeal and then goes on to say there would be no right to remain in the UK whilst appeal is pending.

In addition it says should you find yourself in a position to supply evidence of your right to live in the UK under EU law then you may wish alternatively to reapply.

sinead1982
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Re: Urgent:ROR(Singh)Refused RC revoked NonEea passport reta

Post by sinead1982 » Tue May 17, 2016 11:52 pm

Ok.

So original evidence of marriage certificate and decree absolute demonstrated that marriage lasted for almost 7 and a half years

Original payslips and bank statements spanning March 2015 to time of application demonstrated that applicant is employed full time and thereby deemed to be exercising treaty rights as if he were an EEA national.

So it is not required to demonstrate that returning British sponsor has resided in The UK right up until divorce?

So to demonstrate that both myself the sponsor and my ex husband, the applicant satisfied the requirement of living for one of those years in the UK, Gas and Water bills were submitted which were print offs of bills from online accounts and so deemed as photocopies.

So would it still be advisable to lodge an appeal and if it is such a lengthy process then what would be the advantages of appealing instead of reapplying?

I guess that us what I'm trying to establish.

Apologies if I seem somewhat 'slow.' :)

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