EEA4 rejected with right of appeal. please help

[mini1982]

greetings to all. i have a situation here and looking for some help.

i got married to an eea national in 2008. we lived together untill 2011 and separated. divorced initiated in april 2012 and finalised in march 2013.
he has been working with same employer since 2009 jan and all his payslips have been coming to my address. therefore i luckily have all the docs i needed for ROR. Before he left home, he forgot his passport and when he came back for it, i told him i needed it for my ROR and he left in anger.
I applied for PR in june 2013 and supplied all documents including his passport but it got refused that his passport has been declared lost or stolen. then the letter says i no longer have any basis of stay and that i should leave the country.
it also gave me the right to appeal.
i have asked him if he declared the passport missing and he said yes. my solicitor said i didnt need the passport in the first place and he has sent an appeal.
Do i stand a chance in this case?
Also i have have a son who is british citizen and my solicitor has mentioned that in the appeal too. i had my son with another man in the course of our separation.
also, i still have 5 months left in my RC. could they have cancelled it?
The refusal letter states that they have retained my passport but they didnt. They sent it along side the refusal letter. please do i stand a chance with the appeal? my ex will never give me his new passport.

[askmeplz82]

greetings to all. i have a situation here and looking for some help.

i got married to an eea national in 2008. we lived together untill 2011 and separated. divorced initiated in april 2012 and finalised in march 2013.
he has been working with same employer since 2009 jan and all his payslips have been coming to my address. therefore i luckily have all the docs i needed for ROR. Before he left home, he forgot his passport and when he came back for it, i told him i needed it for my ROR and he left in anger.
I applied for PR in june 2013 and supplied all documents including his passport but it got refused that his passport has been declared lost or stolen. then the letter says i no longer have any basis of stay and that i should leave the country.
it also gave me the right to appeal.
i have asked him if he declared the passport missing and he said yes. my solicitor said i didnt need the passport in the first place and he has sent an appeal.
Do i stand a chance in this case?
Also i have have a son who is british citizen and my solicitor has mentioned that in the appeal too. i had my son with another man in the course of our separation.
also, i still have 5 months left in my RC. could they have cancelled it?
The refusal letter states that they have retained my passport but they didnt. They sent it along side the refusal letter. please do i stand a chance with the appeal? my ex will never give me his new passport.

ROR : No passport or ID required from EEA national

PR : The form asks for a passport or ID card.

Well how did you hold his passport for such a long time from 2011 to 2013. And how you were sure that that passport is not cancelled before sending the application? That's a very silly mistake you made.

You will definitely get ROR as i can see he was working up until divorce finalised. Don't worry about the letter it's just an standard letter everyone receive

[mini1982]

thanks for your reply. but since i already submitted a lost passport, will they demand for a valid one? Seems i gave them something to use against me. i did not fill an application form. i only sent a letter

[askmeplz82]

thanks for your reply. but since i already submitted a lost passport, will they demand for a valid one? Seems i gave them something to use against me. i did not fill an application form. i only sent a letter

Of course they would like to see; can't you ask your EX husband to give you his new passport for short period of time. You can request for passport back from the home office without effecting your application

for any long residence application Home office usually scrutinise every single application

What other sort of ID he have? May be National ID card like many EU countries..

[askmeplz82]

thanks for your reply. but since i already submitted a lost passport, will they demand for a valid one? Seems i gave them something to use against me. i did not fill an application form. i only sent a letter

just wait for a GURU to reply. They will reply as soon as they wakeup

[mini1982]

i already asked but he definitely will not give it. in fact, he even changed his number. yea it was a very silly mistake on my part. its seems a very complex case now. my solicitor has sent an oral appeal but i am getting really stressed and frustrated.

[Kasi123]

Hi Minii1982, did you apply for retain right of resident, if you applied which documents did you submit, did you submit documents till decree absolute???
How long it take to get you retain right new RC??

[askmeplz82]

Hi Minii1982, did you apply for retain right of resident, if you applied which documents did you submit, did you submit documents till decree absolute???
How long it take to get you retain right new RC??

based on what she wrote i think she decided to apply for PR straightway. not sure yet

and yes document till decree absolute is must. what happen with your application?

majority of the applications get rejected for the same reason no proof of EU exercising treaty right during divorce

[mini1982]

I applied for pP based on ROR as I already qualified.
I submitted 5 p60s covering five years of employment for my ex husband
Joint bank statement
Council tax bills,
Gas bills
My proof of employment for 5years
Decree nisi
Decree absolute

Submitted on 16 June 2013
Received on 17 June2013
COA came on 26 June 2013
Refusal came on 28th October 2013 with rights of appeal

Appeal sent on 4th October 2013

[mini1982]

pls is anyone there to help?

[Oke1]

Hello regarding

Your story to me I can just share little
Experience with u but u can still wait for
Obie, guru and Coll member

(1) you have make a big mistake
By Summiting your husband ppt
After divource you don't
to have your husband
Ppt with you any more but
Because you don't know then
Did you summit the Appl by
Your self or by solicitor if by your
Self you can win your appeal
But if by your lawyer you can still win
But you will go long fight with ukb
According to your story I think you give
All what you require to prove retain right
So tray get barrister that understand eu treate
That can go throw all document you summit
But one big things is you must have copy of
All document you summit it you have the copy
You can win but if not no chance of win ukb

Tray look for good lawyer and tell him that you want barrister to
To go with you on your appeal day but tray get lawyer and barrister
That under stand eu Treate you still hv chance good look

[Oke1]

Hello regarding

Your story to me I can just share little
Experience with u but u can still wait for
Obie, guru and Coll member

(1) you have make a big mistake
By Summiting your husband ppt
After divource you should
not have your husband
Ppt with you any more but
Because you don't know then
Did you summit the Appl by
Your self or by solicitor if by your
Self you can win your appeal
But if by your lawyer you can still win
But you will go long fight with ukb
According to your story I think you give
All what you require to prove retain right
So tray get barrister that understand eu treate
That can go throw all document you summit
But one big things is you must have copy of
All document you summit it you have the copy
You can win but if not no chance of win ukb

Tray look for good lawyer and tell him that you want barrister to
To go with you on your appeal day but tray get lawyer and barrister
That under stand eu Treate you still hv chance good look

[mini1982]

do u think they can consider the fact that i have a son who is a british citizen?

i used a solicitor for the appeal and he filed an oral appeal?

[Obie]

The difficulty in this case is that you submitted a passport that has been reported lost or stolen.

It is illegal to take someones passport without their express consent. If it stays that way, then you have no problem, but if that result in the UK questioning the bonafide nature of your marriage, then you may have a bit of a problem.

One just have to wait. Having a British child will help in an article 8 case, but unsure if it has any bearing on a retention of Residence Application.

[mini1982]

thanks obi. he declared the passport lost cos i refused to give him. will UKBA think that i stole it or something? with divorce, comes so many complications. i wish i never submitted it in the first place.

[askmeplz82]

thanks obi. he declared the passport lost cos i refused to give him. will UKBA think that i stole it or something? with divorce, comes so many complications. i wish i never submitted it in the first place.

So he lied that passport was lost or stolen even after knowing it is with you. he can be prosecuted for false claim to the police to get new passport
But at the same time he can argue that you hold his passport

Why don't you retained your right now ; send EEA2 application with all the proof that he was exercising treaty right until divorce ?

For PR application you do need to speak good lawyer but I am not sure how home office will issue you PR without seeing his valid passport

In the past home office did accepted expired passport but never came across issues like yours

Even if this goes to court I think they will ask your ex husband to give evidence

[bennyfak]

i just want to ask that if someone apply fora retention of Residence card. do they count it for another 5yrs ? or they add it up to the one you have before thanks

[askmeplz82]

i just want to ask that if someone apply fora retention of Residence card. do they count it for another 5yrs ? or they add it up to the one you have before thanks

there is no ROR application

If you married: 2008

Divorced: 2012

You can submit new EEA2 application for Retained right of residence

or

Wait till it 5 years after marriage and then apply for EEA4 or PR


normally all the EEA2 application they issue for 5 years, haven't seen anyone got less then 5 years

[mini1982]

I applied for permanent resident card as I have already stayed the 5 years.
My ex husband has agreed to give me his new passport. Now that my lawyer has sent and appeal, can I send a letter to UKBA with the passport or a copy and ask them to reconsider their decision whilst the appeal is going on?

[bennyfak]

what am asking is if someone has 5yrs resident card and along the line there is problem in the marriage after 3yrs and the person gota retention of Residence card for another 5 yrs,
if this person want to apply for permanent residence, will the first 3 years count or the peson have to wait for a fresh 5 yrs of the retention of Residence card.

[fatimahh]

That will depend on the documents you have to prove "exercise of treaty right". If you have proof of your ex exercising treaty right for the whole 3 years up to decree absolute then you can add your own 2 years treaty rights to his one and send them for Pr confirmation. However if you don't have proof of the EEA treaty right then you will have to restart afresh and count 5 years from date of delivery of ROR

[askmeplz82]

I applied for permanent resident card as I have already stayed the 5 years.
My ex husband has agreed to give me his new passport. Now that my lawyer has sent and appeal, can I send a letter to UKBA with the passport or a copy and ask them to reconsider their decision whilst the appeal is going on?

well than i am sure you have nothing to worry.

[mini1982]

Hello everyone,

Back to my case again, my ex husband has given my a copy of his passport and my lawyer has sent an appeal already. Can I write ukba and ask for reconsideration whilst my appeal is going on?

[Amber]

Hello everyone,
please help will be appreciated. I applied for permanent resident card following divorce. i supplied all documents required. however the mistake i made was that i submitted my ex passport along side and the application was rejected for reason that his passport has been declared lost. Appeal was sent on the 01 of october and appeal fee has been taken off my account.
After much begging, my ex has accepted to give me his current passport. apparently he had declared the old one lost as i refused to give him when he came back home for it.
I wanted to send it a new application but my solicitor is not sure about it as he said the passport was never needed in the first place. i thot a new application will be quicker as he said appeal lodged in october will be heard next year. any advice on whether i stand a chance if i send in a new application?

[Amber]

You stole your ex's passport, not a very clever idea.