Retained rights application refused becoz of ex's ID

[MD Islam]

Hello guys,
I applied for retained rights of residence on 9th October 2017 after 4 years of marriage which was ended on 9th September 2017 and its refused today. The reason for refuge is i did not provide my ex's original ID and i did not provide her 1 pay slip of august month 2017 while i explain with my application that why i could not provid my ex's original ID. It is impossible for me to get an ID from her as we are not together anymore. They are saying if i can give her all pay slips till the date of divorce and then i should give the ID as well. I dont know how does even make sense ?? my 5 years is completing this year august. They gave me appeal rights and also said i can make a new application if i can provide the ID. I dont know what should i do in this situation. Can u guys plz share ur experience and suggestion what should i do now??

[Obie]

You need to appeal, as you will face similar issues later.

Was she working at time of divorce and which 12 months payslips are they asking for.

[MD Islam]

Hi Obie, yes she was working that time and all pay slips were provided. its just one month August 2017 i could not give. As my divorce was issued on the date of 11th september they said i failed to prove her treaty right until divorce date. but I also explain it with the application

[Obie]

EU law requires evidence at the initiation stages of divorce, whiles UK law requires at point of termination.

[MD Islam]

In that case i gave her all payslips during the divorce process and i also explained why i could not give one month payslip. And request them if they want to call or justify her work place as its written then a applicant cant provide evidence they will do enquiry on behalf of them.

[MD Islam]

also they gave my passport back with the valid residence permit, after launching the appeal can i travel with that?

[Obie]

Interesting. If I were in your shoes the last thing on my priority list will be travelling.

[MD Islam]

haha, u r right. it was out of the interest, just wanted to know how does it work. do they really authorise it or why did they give it back?

[pola 23]

You need to appeal, as you will face similar issues later.

Was she working at time of divorce and which 12 months payslips are they asking for.

Hi Obie..im in the same situation but i applied again in october and still waiting..is there some one who got ROR without EX original ID or Passport?pls update us..Thanks

[MD Islam]

Hi Pola
Did u apply without ID again?? Why did u get refuse?? Becoz of ID?

[pola 23]

Hi Pola
Did u apply without ID again?? Why did u get refuse?? Becoz of ID?

Hi yes I applied without ID and provided some emails and Facebook conversation history that my EX not willing to provide original ID and luckily I got a letter from my Ex Employer confirming that they have seen my Ex passport and is still working as a EU national..

I got refused in September 2017 and yes bcoz of id..finger crossed

[Obie]

You need to appeal, as you will face similar issues later.

Was she working at time of divorce and which 12 months payslips are they asking for.

Hi Obie..im in the same situation but i applied again in october and still waiting..is there some one who got ROR without EX original ID or Passport?pls update us..Thanks

Nearly all have been rejected. They use to not give appeal rights, but then realise it is a futile exercise and grant.

Even people whose spouses have died, are asked to provide the ID of their deceased spouse.

[pola 23]

You need to appeal, as you will face similar issues later.

Was she working at time of divorce and which 12 months payslips are they asking for.

Hi Obie..im in the same situation but i applied again in october and still waiting..is there some one who got ROR without EX original ID or Passport?pls update us..Thanks

Nearly all have been rejected. They use to not give appeal rights, but then realise it is a futile exercise and grant.

Even people whose spouses have died, are asked to provide the ID of their deceased spouse.

Thanks for your reply Obie and after reading this my heart start beating fast.you are an expert so what do you think will they start issuing residence card without Original ID or JR is only solution in this ROR matter.

Second question is that I'm living with my British partner from last 3 months so shall I give notice to local council for marriage and apply as a British spouse?

Advice pls

[Obie]

Exercise right of appeal. No need for JR if you have a right of appeal.

Appeals are succeeding.

[pola 23]

i hope this time they wont refuse my application bcoz last time there was no appeal right..

[Obie]

You can still file an appeal against it as you still have a right of appeal.

In circumstances where you were not given written notice of a right of appeal time for filing an appeal does not run out.

[pola 23]

Well it was written on my refusal letter that I have no right to appeal so my solicitor advised to apply again with some more documents so I did.can you pls tell me how long does it take for the appeal process?thanks

[Wise]

Apply common sense for getting married with Brits spouse just after living together for 3 months of relationship! That was a quick one indeed.

[Obie]

Well it was written on my refusal letter that I have no right to appeal so my solicitor advised to apply again with some more documents so I did.

I can understand, perhaps the solicitor was not experienced in that area of law.

Well the Home Office dont give rights of appeal. A family member of an EEA national or a family member who has retained a Right of Residence, derive this right directly from the regulations.

Therefore that person can still appeal.

Waiting time for paper is about 3-4 months and oral is 12.

[pola 23]

Apply common sense for getting married with Brits spouse just after living together for 3 months of relationship! That was a quick one indeed.

Sorry,let me make it clear that we have been together since December 16 and we had our NIKAH (Muslim religious marriage) done 3 months ago (October 17) with my partner family and friends in a function.

[Obie]

You may have to leave the UK to apply.

[pola 23]

ok, lets suppose i registered my marriage in council during my pending application/appeal with HO then can I withdraw my Previous application and submit new application as a British spouse? why will i need to leave UK when my application is pending with HO and I'm legal in this country?

[MD Islam]

Pola U didn’t get ur appeal rights?? That’s a bit strange, Obie
I was thinking re applying the ror with the missing pay slip n more explanation of not giving the ID. An attested copy would be exepted or Appeal would be the right decision??

[Obie]

ok, lets suppose i registered my marriage in council during my pending application/appeal with HO then can I withdraw my Previous application and submit new application as a British spouse? why will i need to leave UK when my application is pending with HO and I'm legal in this country?

You do not have leave to remain but a residence card under EU law in the UK, therefore the option of switching is not available. If you had like a student visa, that would have been possible.

[pola 23]

NO they didnt give me right of appeal and Thanks to everyone but i hope i wont come to this stage and will get my ROR .will let you know with any updates