Day: July 4, 2019

RETAINED RIGHT OF RESIDENCE

UNABLE TO OBTAIN ID FROM YOUR EX-SPOUSE? ALTERNATIVE EVIDENCE CAN BE ACCEPTED

Our client, a national of Turkmenistan, applied for a residence card as someone who had retained the right to reside in the UK. She was married to an EEA national but their marriage has now ended. Her ex-husband set up his own business when they married and was doing that when they divorced. Thus, our client satisfied one of the main requirements of Regulation 10 of The Immigration (European Economic Area) Regulations 2016. Necessary documents proving ex-husband’s employment (e.g. tax returns) were submitted with the application.

However, the Home Office refused our client’s application noting that “she had not provided evidence that her ex-husband had been working at the date of divorce”. In addition, our client was unable to provide a copy of an identity document for her ex-husband since he has been completely uncontactable. She has tried to call and speak with her ex-husband on a number of occasions, contacted him via emails and whatsapp. However, he either did not respond or clearly showed an unwillingness to assist her. Thus, it was beyond our client’s control to produce the required identity document.

In accordance with the Reg. 42 of The Immigration (European Economic Area) Regulations 2016:

Alternative evidence of identity and nationality

where a provision of these Regulations requires a person to hold or produce a valid national identity card issued by an EEA State or a valid passport, the Secretary of State may accept alternative evidence of identity and nationality where the person is unable to obtain or produce the required document due to circumstances beyond the person’s control.

 

Sterling Law successfully appealed the initial refusal. The Judge was satisfied that sufficient evidence regarding the ex-husband employment was provided. Moreover, following the provisions of Reg. 42 the Judge accepted the expired EEA document of her ex-husband (provided with the previous successful application for a residence card) as the evidence of nationality and identity of her ex-husband.

 

Contact us should you have any immigration related question:

Jekaterina Trubina

Email: Jekaterina@sterling-law.co.uk

Tel. 020 7822 8535

 

Shakir Hussain

Email: Shakir@sterling-law.co.uk

Tel. 020 7822 8535