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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
Appeal rights
If a person has a document revoked in line with regulation 20, they will have an in-country right of appeal against that revocation
sinead1982 wrote: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.'
Health warning: HO guidance is ofcourse not the law. It is merely guidance (although helpful to some degree).nwaotu wrote:Yes!
See link below i.e.home office guidance note for ROR applications. Under section 10 (5) you will see the needed documents for ROR applications following divorce. Tell me if it states there evidence of former eea national residence "untill divorce"
Ukba just employ incompetent people to work for them!
https://www.gov.uk/government/uploads/s ... _clean.pdf
Members cannot enjoy the Board PM feature until 30 (genuine) posts have been clocked up.sinead1982 wrote:Thank you lurli for you kind offer of assistance in completion of the appeal form although for some reason I don't have the ability to send messages on this site.
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I would not go near solicitors like the ones you spoke with, as obie said, if applicant wont be qualified for PR till 2016, then they have most certainly retained rights, get on with appeal now!Prior to filing a petition for divorce last year I researched non stop to ensure my now ex-spouse would be able to retain residence in event of divorce and in early stages of enquiries I consulted no less than 4 Immigration lawyers in London, 2 by telephone and 2 face to face and all FOUR said that since I, the returning Brit had not worked and so had not 'exercised treaty rights' in UK since my return from The Netherlands that the Non-Eea family member would be unable to retain residence, information that is a total contradiction to the EIND judgement and just how they could be that wrong was frankly unbelievable.
I think the revocation would come under Regulation 20(5)(b):Obie wrote:That may be the case. But to revoke right of residence , which a residence card covers under regulation 17 (1) and 17 (2 ), the Home office still has the burden of proving that.
However, has the right of residence been revoked? I think not, strictly speaking. However, revoking the residence card makes it a lot harder to 'exercise treaty rights'. No 'exercising', no right of residence.An entry clearance officer or immigration officer may at any time revoke a person’s EEA family permit if–
(a) [...] or
(b) the person is not at that time the family member of an EEA national with the right to reside in the United Kingdom under these Regulations or is not accompanying that national or joining him in the United Kingdom.
Perhapssinead1982 wrote:-A letter is enclosed to say that previous RC has been revoked
20 wrote:(2) The Secretary of State may revoke a registration certificate or a residence card or refuse to renew a residence card if the holder of the certificate or card has ceased to have, or never had a right to reside under these Regulations.
The highlighted statement is unfounded and clearly wrong.Adviser also stated that although applicant entered UK on 14/12/2011 (accompanied by British citizen spouse returning from host member state and thus residing in line with regulations ever since.) that the period of time from date of decree absolute until ROR is CONFIRMED can NOT be counted towards the 5 year requirement for PR.
sinead1982 wrote:Anyone?