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Shockin refusal of PR (EEA FAMILY MEMBER)

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, Zimba

Kitty
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Post by Kitty » Thu Jun 13, 2013 4:03 pm

As others have posted it would be really helpful if you could give more detail from the refusal letter: when they refuse for lack of sufficient evidence they usually make some reference to what you did supply, and give some kind of summary of any "gaps".

If the issue is that the Home Office has not accepted some of your documents, then an appeal might be the better route.

In total, appealing and making a new application will probably take a similar length of time. New applications take up to 6 months; an appeal is usually listed for a hearing in about 8 weeks but the Home Office can take 3 months or so to issue documents if you win.

If you have concerns about your own employment, then you will probably be better off submitting a new application because that will generate an up-to-date COA for you. You can state in an application for PR that if it is not accepted that you have PR, then in the alternative you wish to apply for a Residence Card: there is no requirement for EEA applications to be made on a particular form so as long as you provide some of your wife's recent wage slips you should at least get another 5-year RC that you can use to support your employment while you get any other issues sorted out.

nemerkh
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Post by nemerkh » Sat Jun 15, 2013 7:01 pm

the refusal letter said we didnt provide sufficient evidence in order to deem us exercising eu treaty rights. between brackets an example was given for Business bank statements??! although i dont think that was obligatory as far as i know.
my solicitor said now that my wife has been employed for last couple of months, she is exercising eu rights and therefore so am i, hence shouldnt be an issue with employment.
to be honest i dunno what to expect anymore. i have been let down by the ukba and am upset about it. we have been really good citizens and now this. as i mentioned before i know alot worse people who got their prs based on lies and despite their criminal records. but oh well, i also do understand that person characteristics dont play a role so the hell with it.
the way i see it, i think we will lose the appeal and we are gonna have to send the application for 5 yrs all over again..just great

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Jun 15, 2013 8:37 pm

It will not be helpful for you to compare your case to perceived fraudulent ones.

If your family member exercises treaty rights, you can be in the UK and you can work. Concentrate on that.

Obie
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Ireland

Post by Obie » Sat Jun 15, 2013 9:34 pm

nemerkh wrote:the refusal letter said we didnt provide sufficient evidence in order to deem us exercising eu treaty rights. between brackets an example was given for Business bank statements??! although i dont think that was obligatory as far as i know.
my solicitor said now that my wife has been employed for last couple of months, she is exercising eu rights and therefore so am i, hence shouldnt be an issue with employment.
to be honest i dunno what to expect anymore. i have been let down by the ukba and am upset about it. we have been really good citizens and now this. as i mentioned before i know alot worse people who got their prs based on lies and despite their criminal records. but oh well, i also do understand that person characteristics dont play a role so the hell with it.
the way i see it, i think we will lose the appeal and we are gonna have to send the application for 5 yrs all over again..just great
You seem quite pessimistic. You may very well qualify for PR given your circumstance.

In any event, you could still have you appeal allowed if you fail to qualify, as under section 85, your circumstance under the EEA regulation as at the day of your appeal will have to be considered
Black life matters.

nemerkh
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Post by nemerkh » Tue Jun 18, 2013 4:32 pm

With regards to travelling, i have my 5 yrs residence permit now expired and am in the process of appeal. question is, can i fly with my wife to Latvia, her country of origin? well i kow i can leave the UK, i also know essentially they want a family visa for the way back, but given that we both have freedom of movement, do u think i can re-enter the UK successfully without a visa? with my wife that is?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Tue Jun 18, 2013 6:44 pm

If you get to a UK border and can prove entitlement, you would be admitted. You may struggle to get to a border if a carrier refuses passage.

nemerkh
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Post by nemerkh » Wed Jun 19, 2013 1:57 am

If i travel to latvia by car i can get back to uk border @ dover. Do i use the same docs (marraige cert, rebtal and bills etc..) with my wife. What are the chances.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Wed Jun 19, 2013 8:47 pm

If you get to argue your case at a border, you should be admitted.

Obie
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Post by Obie » Wed Jun 19, 2013 8:49 pm

It seems more sensible for OP to get the Residence issue resolved, before embarking on an holiday.
Black life matters.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Jul 11, 2013 2:37 pm

They refused to issue you a PR card. The PR came automatically if you qualified.

You have a right to travel if you wish. But take the required documents. Read carefully through http://eumovement.wordpress.com/2010/08 ... to-travel/

nemerkh
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Post by nemerkh » Thu Jul 11, 2013 3:47 pm

Mm thats an interesting article thanks. I will strongly consider that

Grazia
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Re: Shockin refusal of PR (EEA FAMILY MEMBER)

Post by Grazia » Sat Jan 04, 2014 11:03 pm

Hi nemerkh, just was wondering how did your case culminate. Could you please post update as I'm in similar situation and it could be helpful. Many thanks.

nemerkh
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Re: Shockin refusal of PR (EEA FAMILY MEMBER)

Post by nemerkh » Sun Jan 05, 2014 1:32 am

Hello mate. Sorry i have posted somewhere else.
Basically appeal was refused on the basis of not enough self employment evidence. We didnt really want to proceed with higher tribunal. Therefore we reapplied for another eea1/2 on the basis of self sufficiency (we did a CSI once we got the PR refusal) And i have to say we got the permit in 6 weeks for another 5 yrs.

uk2005
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Re: Shockin refusal of PR (EEA FAMILY MEMBER)

Post by uk2005 » Mon Jan 06, 2014 11:17 am

nemerkh wrote:Hello guys. Still feeling sick from the letter i got today. Refusal of PR. also stating: make preparations to leave the country!!!
Lebanese national married to a latvian citizen (no EU restrictions). Wife is self employed and am a doctor with a decent salary. We have been here for around 6 yrs we have two Uk born children. Submitted our EEA3 & 4 appsa 8 months ago. UKBA disnt send us a confirmation of app but nothing after. Reason of refusal is insufficient evidence to proof exercising Eu treaty rights.
Seeing my silicitor soon for an appeal package.
I have to say this is demeening. I feel like shit. We have been nothing but good citizens in the uk with no convictions or benefits!!!

I know people way worse than we are who have a british passport now.

Question is, for us we were applying for a cnfirmation of pr, do they have the roght to deport me?? My whole life is here. We have bills to pay schools to attend a career..a life!!! If i leave now means breaking my contract woth my hospital ... My God!!! Am in total panic. Obviously lawyer aaid we have to appeal and i can still work till decision of judge.

Has anyone had this? I mean refusal for EU people does this happen?? What happens now?? What to do and what are the chances ?

PLEASE HELP!
what was self-employed document you apply with?
BC 7/5/2015(NCS)
HO received 8/5/2015
Biometric done 1/6/2015
Appoval 31/10/2015
Ceremony 03/11/2015
Never give up hope!

nemerkh
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Re: Shockin refusal of PR (EEA FAMILY MEMBER)

Post by nemerkh » Mon Jan 06, 2014 2:21 pm

All we privided was NI contributions frankly. So we actually didnt have enough evidence.

Directive/2004/38/EC
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Re: Shockin refusal of PR (EEA FAMILY MEMBER)

Post by Directive/2004/38/EC » Mon Jan 06, 2014 3:05 pm

nemerkh wrote:All we privided was NI contributions frankly. So we actually didnt have enough evidence.
Why do you think NI contributions are not good enough evidence?

nemerkh
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Re: Shockin refusal of PR (EEA FAMILY MEMBER)

Post by nemerkh » Mon Jan 06, 2014 3:54 pm

Personally i think they are good enough. In the end if the revenue and customs institution say you are self employed, then you are self employed. HO argument was that we didnt provide enough evindence. Stating business statement and receipts. Most importantly apparently you need to show that you have a minimum 70£ income so that they consider your business economically "active". There you go.

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