Non-EEA-PR application based on Retained Right refused

[skunchila]

My Timeline
Application submitted by post :26/05/2017
Bio-metrics letter received : 17/07/2017
COA received ; 01/08/2017
Application refused without right to appeal : 25/09/2017

Refusal reasons: EX-WIFE ORIGINAL ID was not supplied

PAP letter sent : 6th October

PAP/Reconsideration refused

JR lodged : 3rd Nov 2017

Will keep you posted as soon as i have an update from them
Please if you have any info as regards to anyone who has taken them to JR regarding non provision of Ex wife ID please share it here @ Obie in particular. Cheers

[007RAHEEL]

I had similiar situation like you but on pap I was offered reconsideration and it was accepted and I’m waiting for my Brp see link below and read all the details after how long of divorce you applied for Pr ?

eea-route-applications/non-eea-pr-refus ... 36716.html

[007RAHEEL]

When u had your retain to right ?

My Timeline
Application submitted by post :26/05/2017
Bio-metrics letter received : 17/07/2017
COA received ; 01/08/2017
Application refused without right to appeal : 25/09/2017

Refusal reasons: EX-WIFE ORIGINAL ID was not supplied

PAP letter sent : 6th October

PAP/Reconsideration refused

JR lodged : 3rd Nov 2017

Will keep you posted as soon as i have an update from them
Please if you have any info as regards to anyone who has taken them to JR regarding non provision of Ex wife ID please share it here @ Obie in particular. Cheers

[skunchila]

I got my 5 years EEA family residence card in 2012, got divorced in 2016, we were married for about 8 years before our divorce in 2016.
Note that it was written in my cover letter that a photocopy of my ex ID was included as i couldn't provide the original obviously because we are now divorced.

@ 007RAHEEL you mentioned after submitting your PAP letter u were asked to submit further document, could you please these documents? and were those documents not submitted before.
Good luck and thank you for your contribution

[jay.ho]

I am in the same boat like you my application refuse become I didn't provide the original id but I got appeal right so I do oral appeal also I am going to send fresh application along with my ed id


Regards
Jay

[Obie]

I found it most strange that despite PAP you were not given at least a right of appeal.

In 3 of the matters i was associated with, a right of appeal was granted in one following a reconsideration, and a refusal was then made on an entirely different basis.

In one the application was granted.

In another one they refused with a right of appeal, and the appeal have since been allowed on the papers.

There must be something about your case, as Home Office have since taken a step back. They are refusing still on ID but they are giving people a right of appeal, as they know a JR against them is very likely to succeed.

[skunchila]

Hi Obie,
Remember mine was refused as early as September probably, the HO took a softer measures by allowing right to appeal after the earlier cases like mine. Meanwhile my solicitor wrote the upper tribunal challenging the decision not to give right of appeal and the tribunal, after acknowledging the query, they have written me back asking me to pay a sum of £140 in order for my appeal to proceed. Fingers crossed, but that seems too late as i personally prefer the JR compared to the First tier appeal which seems to be taking up to a year.
Thanks for contributing here, i have been waiting for your input all day

[Obie]

Happy for you. All the best for the future.

[bobimma]

I found it most strange that despite PAP you were not given at least a right of appeal.

In 3 of the matters i was associated with, a right of appeal was granted in one following a reconsideration, and a refusal was then made on an entirely different basis.

In one the application was granted.

In another one they refused with a right of appeal, and the appeal have since been allowed on the papers.

There must be something about your case, as Home Office have since taken a step back. They are refusing still on ID but they are giving people a right of appeal, as they know a JR against them is very likely to succeed.

Hi Obie,

Please you mentioned that one of the appeals was granted on paper. Please may I know the time lines for the said successful paper appeal. I am in the same boat at the moment and currently waiting for further directive after submitting my paper appeal.

Please may I know also know the sort of argument you put forward in your own case as I was also refused for the ID too. Please let me know as I am currently putting down my argument on paper gradually.

Please I would not also mind having your contact so that we can interact more on this topic.

Kindly waiting for your response

[Obie]

Please dont hijack other people's thread, you need to open your own thread, and if I believe I can make a contribution then I may do so.

[Prax8]

Hi
This month m applying for ROR
Marriage date 05/2013
Divorce on June 2017
I have me and my wife bank statement till sep 2015 and some bills on my name.
We both travel 4 country
On bank statement showing that where she working till sep 2015 and I have some passport copy,Id card with photo copy stamp
And lots of travel pictures
Is is enough for retain rights of resident??? Please guys I have just few days left as I am still waiting for decree absolute

[Adikayani]

Hi
This month m applying for ROR
Marriage date 05/2013
Divorce on June 2017
I have me and my wife bank statement till sep 2015 and some bills on my name.
We both travel 4 country
On bank statement showing that where she working till sep 2015 and I have some passport copy,Id card with photo copy stamp
And lots of travel pictures
Is is enough for retain rights of resident??? Please guys I have just few days left as I am still waiting for decree absolute

Hey prax8 I got same section I get divorce this month and I’m apply ROR.can u plz tell me you send your ex wife original idd or Passport with applaction form and your ex wife singe this applaction from declaration? Plz help me I’m very confused thx u

[Prax8]

Hi adikayani
No my wife not giving me her Id or passport but lickley I had her passport with one lawyer stamp plus I have her driving license and her Euro id,
Plus my lawyer said chat with your girlfriend and take screenshots of you and her chat so this proof can be enough to show that she is not cooperating me.
If u don’t have her passport or ID will be little difficult but try to chat with her.
I don’t Evan have her payslip from divorce. But I know where she working.
Take screenshots of her recent london Facebook or whats up or Instagram update and give it to your lawyer. So atlest u can prove that u try your best to get her details
U can write Letter to HMRC saying you need her details with her NI Number they will definitely reply u that letter also u can add in your application

[Adikayani]

Hey prax8 thx your for your replay.god bless you my friend hope fully u get your visa

[Nikoletta12]

Hi adikayani
No my wife not giving me her Id or passport but lickley I had her passport with one lawyer stamp plus I have her driving license and her Euro id,
Plus my lawyer said chat with your girlfriend and take screenshots of you and her chat so this proof can be enough to show that she is not cooperating me.
If u don’t have her passport or ID will be little difficult but try to chat with her.
I don’t Evan have her payslip from divorce. But I know where she working.
Take screenshots of her recent london Facebook or whats up or Instagram update and give it to your lawyer. So atlest u can prove that u try your best to get her details
U can write Letter to HMRC saying you need her details with her NI Number they will definitely reply u that letter also u can add in your application

HI euro I.d more than enough u don’t need anything else or passport.

[Prax8]

I have her Id, passport,driving license but photo copy with solicitor stamp

[Adikayani]

Hey friend I’m very very confused I’m give call more then 15 solicters ask about apply for ROR need ex eea wife original idd or Passport most said don’t need just copy is ok and few said original.i dnt knw what Can I do

[Obie]

Have you got her ID?

[Adikayani]

Have you got her ID?

Hey Obie I have her eea original idd.

[Obie]

Why did the 15 solicitors advise you not to use it.

[Adikayani]

Why did the 15 solicitors advise you not to use it.

Hey thay all said when u have divorce with yur wife is not rule to give yur ex wife original idd that why I’m very confused.plz advice me iff i need original idd so I need to sing my ex wife the applaction form declaration? Plz help me thanks you Obie

[Prax8]

I called more than 50 lawyer to get advice on ROR all of them said u can submit photo copy except one. He said if don’t have original Id don’t waste your money go back to your country lol
And loosed my hopes
But at the end of d day we have to try our luck to achieve something.
Do not panic if our visa got refused spend your all money for good lawyer for appeal and lawyer can get permission from court to get your spouse details from HMRC I guess so, my lawyer think so.is anyone have idea court can give permission for that???
My lawyer said if u have your wife photo copy with attested than no problem?? Still confused

[Adikayani]

Hey prax8 thx to your replay.when u submit your ROR applaction ?

[Prax8]

Very soon, waiting for one letter, what about u ?

[Adikayani]

Hey tomorrow apply for divorce decree absolute when this coming I’m apply ROR