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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

nemerkh
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Shockin refusal of PR (EEA FAMILY MEMBER)

Post by nemerkh » Sat Jun 08, 2013 9:27 pm

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!

Jambo
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Post by Jambo » Sat Jun 08, 2013 9:41 pm

First thing: relax. The refusal letter is a standard template letter the HO sends to all refusals and you can pretty much ignore what it says.

The HO refused to confirm your PR. this doesn't mean you didn't obtain PR but that the HO wasn't satisfied with the documents you provided to confirm your status. You can legally stay in the UK as long as you are in accordance with the EEA regulations (i.e. your wife has been exercising treaty rights).

nemerkh
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Post by nemerkh » Sat Jun 08, 2013 9:44 pm

Jambo wrote:First thing: relax. The refusal letter is a standard template letter the HO sends to all refusals and you can pretty much ignore what it says.

The HO refused to confirm your PR. this doesn't mean you didn't obtain PR but that the HO wasn't satisfied with the documents you provided to confirm your status. You can legally stay in the UK as long as you are in accordance with the EEA regulations (i.e. your wife has been exercising treaty rights).
Thats what the logic says, however they are saying that she has failed to provide evidence that she is exercising eu rights (although nothing changed from when we got our 5 yrs permit, on the basis of her exercising eu rights). she also got a PR refused by the way!!

Jambo
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Post by Jambo » Sat Jun 08, 2013 9:53 pm

You can appeal or reapply with additional documents.

I don't know what evidence you provided to support the application but you might find this post useful - Supporting Documentation Required for Self-Employed Apps.

nemerkh
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Post by nemerkh » Sat Jun 08, 2013 9:56 pm

Jambo wrote:You can appeal or reapply with additional documents.

I don't know what evidence you provided to support the application but you might find this post useful - Supporting Documentation Required for Self-Employed Apps.
thanks for your reply. i will be appealing as they didnt give me any other option (i.e to reapply) on the refusal letter. straight forward: appeal or leave.

Obie
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Post by Obie » Sat Jun 08, 2013 9:58 pm

In what capacity was she exercising treaty rights, and did your solicitor advice you to provide the necessary documents with your application.

If insufficient proof was not provide, it is inevitable that you application stood to be refused.

In any event section 78 prevent you from being removed whiles an appeal under Section 82.

In any event the letter is simply generic in nature.

PR under national is not subject to good chatacter, either you meet the requirements or you dont.
Black life matters.

nemerkh
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Post by nemerkh » Sat Jun 08, 2013 10:03 pm

Hello Obie and thanks. My wife is self employed. She could have also applied as self sufficient but we didnt cause we were sure everything was in order. She actually has been employed now for 3 months. i will be meeting my sol. in a few days.
i understand that they cant remove me whislt am appealing, but what are the options now. Worst case scenario? given that my wife an EU citizen working and paying tax, me too..what could happen in the court?

Obie
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Post by Obie » Sat Jun 08, 2013 10:08 pm

If you fail to meet the requirement, then the option is open to you to make a new applucation for residence card. You could even raise that up at a court hearing.

If your solicitor knows what he is doing, then you need not worry. You will be fine.
Black life matters.

nemerkh
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Post by nemerkh » Sat Jun 08, 2013 10:14 pm

Obie wrote:If you fail to meet the requirement, then the option is open to you to make a new applucation for residence card. You could even raise that up at a court hearing.

If your solicitor knows what he is doing, then you need not worry. You will be fine.
thanks guys. ill post updates

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Jun 09, 2013 10:03 am

You are right to feel strongly aggrieved about the tone of the generic letter. You can complain about this if you wish, but I suspect you have more pressing matters for now. Also, if there was evidence that your wife is exercising treaty rights just now, you should have been issued with a residence card.

You need to focus in on what your wife is doing and has been doing for the past five years. Your activities are pretty much irrelevant. If she meets the requirements for PR, then so will you.

nemerkh
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Post by nemerkh » Sun Jun 09, 2013 4:54 pm

So just to get this straight. Am going to my sol tmrw. Given that my eu wife and me (noneu) had both of our pr refused, do we both have to go for appeal or only my wofe- given that am an eu family member?

Obie
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Post by Obie » Sun Jun 09, 2013 5:25 pm

You both have to go, your appeals will be linked.

However the success of your will be dependant on hers.

I am sure the sol will explain it all to you.
Black life matters.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Jun 09, 2013 9:32 pm

While in your situation, I can understand why you might want to engage the legal profession, the type of application you are making ought to be pretty simple. By all means listen to the legal advice, but be wary of fees.

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 » Mon Jun 10, 2013 9:49 pm

nemerkh wrote:thanks for your reply. i will be appealing as they didnt give me any other option (i.e to reapply) on the refusal letter. straight forward: appeal or leave.
What exactly did the refusal letter say about leaving? Exact words would be very helpful.

nemerkh
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Post by nemerkh » Tue Jun 11, 2013 12:37 pm

Saw a sol. > 1000£ :(
Refusal letter to my eu cit wife said that she failed to provide sufficient evidence for them (dunno whom) to deem her exercising eu treaty roghts. Mind you they didnt send any requests to provide ecidence throught the processing time of the application.

nemerkh
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Post by nemerkh » Tue Jun 11, 2013 7:44 pm

nemerkh wrote:Saw a sol. > 1000£ :(
Refusal letter to my eu cit wife said that she failed to provide sufficient evidence for them (dunno whom) to deem her exercising eu treaty roghts. Mind you they didnt send any requests to provide ecidence throught the processing time of the application.
is there a specific amount of income needed for a self employed person in order for this person to exercise EU treaty rights?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Tue Jun 11, 2013 8:01 pm

nemerkh wrote:
nemerkh wrote:Saw a sol. > 1000£ :(
Refusal letter to my eu cit wife said that she failed to provide sufficient evidence for them (dunno whom) to deem her exercising eu treaty roghts. Mind you they didnt send any requests to provide ecidence throught the processing time of the application.
is there a specific amount of income needed for a self employed person in order for this person to exercise EU treaty rights?
No, it needs to be "genuine and effective"

Obie
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Post by Obie » Tue Jun 11, 2013 9:06 pm

nemerkh wrote:Saw a sol. > 1000£ :(
Refusal letter to my eu cit wife said that she failed to provide sufficient evidence for them (dunno whom) to deem her exercising eu treaty roghts. Mind you they didnt send any requests to provide ecidence throught the processing time of the application.
They use to, but not anymore, as requesting further evidence seems to waste time and manpower.

As stated before, it is not the amount of money made from the self-employment that is conclusive to the attainment of that status, but the effective and genuine nature of the activities that counts.

I guess your solicitor would have explained this, and inform you the best way forward.
Black life matters.

Babz
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Post by Babz » Wed Jun 12, 2013 1:10 pm

nemerkh wrote:Saw a sol. > 1000£ :(
Refusal letter to my eu cit wife said that she failed to provide sufficient evidence for them (dunno whom) to deem her exercising eu treaty roghts. Mind you they didnt send any requests to provide ecidence throught the processing time of the application.
You may consider reapplying as well...
SET(LR)Application sent: 11-11-2014
Acknow received: 14-11-2014 (Dated 13/11/14)
Biometric received: 24-12-2014
Biometric recorded: 01-12-2014
Approval date: 13-07-2015
Docs Returned: 14-07-2015
Biometric received: 15-07-2015

nemerkh
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Post by nemerkh » Thu Jun 13, 2013 12:57 am

Can i reapply whilst this i have my appeal pending? Or do i wait for the outcome? I pressume if the outcome is negative that leaves me no choice but to reapply. At the moment my wife is employed alongside her selfempl so i gues she is exercising eu rights hence i assume i shouldnt be leaving the uk or losing my currebt job.

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