Grounds for non-EEA PR refusal if EEA national has theirs?

Hi All,

Is really appreciate if you could share your opinions please.

I'm the EEA national in our relationship and had obtained my PR about a year ago.
My husband, a NON EEA national has applied for his PR three months ago as that was when he was in UK for five years. We didn't fill in the crazily long PR application, but the old EEA4 application, printing and highlighting their own guidance for them that they cannot refuse the application on the basis of this form being used (just in case we get an inexperienced newbie dealing with our case!)

Since I got my PR, I haven't been exercising my treaty rights as I was on maternity leave but couldn't return to work due to becoming my child's full time carer for complex medical needs (I get Carer's Allowances and have plenty of evidence). Could this potentially be grounds for PR refusal for my husband? We thought that since I already have my PR and we sent them enough evidence of shared address and residence, that he'd get his PR pretty quickly?

On what grounds can a non EEA applicant have his PR refused if the EEA family national already holds their PR?

Has anyone been refused PR for filling in the EEA4 form instead of the 127pg long PR form?

Many thanks for your replies and opinions in advance!

ikat wrote:Hi All,

Is really appreciate if you could share your opinions please.

I'm the EEA national in our relationship and had obtained my PR about a year ago.
My husband, a NON EEA national has applied for his PR three months ago as that was when he was in UK for five years. We didn't fill in the crazily long PR application, but the old EEA4 application, printing and highlighting their own guidance for them that they cannot refuse the application on the basis of this form being used (just in case we get an inexperienced newbie dealing with our case!)

Since I got my PR, I haven't been exercising my treaty rights as I was on maternity leave but couldn't return to work due to becoming my child's full time carer for complex medical needs (I get Carer's Allowances and have plenty of evidence). Could this potentially be grounds for PR refusal for my husband? We thought that since I already have my PR and we sent them enough evidence of shared address and residence, that he'd get his PR pretty quickly?

On what grounds can a non EEA applicant have his PR refused if the EEA family national already holds their PR?

Has anyone been refused PR for filling in the EEA4 form instead of the 127pg long PR form?

Many thanks for your replies and opinions in advance!

No grounds for refusal as there is no requirement for a citizen with PR to exercise treaty rights.

Assuming:
a) spouse's absences from UK (if any) in past 5 years remained within prescribed limits;
&
b) no public health/policy/security grounds for refusal;

Good luck.

Hi Ikat,
Can you please help me finding that old eea4 application form. Thanks alot

Archived forms to be found via here:
http://www.immigrationboards.com/eea-ro ... l#p1175013

What was the wording in the letter of your refusal? Does it says because you use wrong form. That is exactly HO plan to refuse as many as posibly. Also that is the reason why they keep changing form everytime and bedside most people have make series of mistake with document provided for them.

Good luck.

Thanks very much Noajthan, that's very reassuring. Hopefully they're just taking their time as I thought we'd get it as quickly as mine, it took only 4-5 weeks for mine to arrive, it was straightforward and we had all the supporting evidence both times.

Wise- our application has not been refused, it's still pending with the HO. I printed their own guidance for them and highlighted the part for them where it clearly states that they cannot refuse an application if an old form was used. I found the link for this in this forum (which has been amazing, as always!!) I refused to fill in the current massive application as many questions there border on the unlawful-ish side and I'm refusing to share my children's details with the HO for a start!
Many tanks everyone! I just think we have to wait it out and give it the 6 months :/

Which form are you talking about? The EEA(PR) form is 85 pages long, I completed it as EEA qualified person (worker) very thoroughly and only needed to print 22 pages. The HO guidance actually says you don't need to use ANY form, as long as you satisfy the legal minimum requirements which are pretty much proof of identity, residence, exercising treaty rights and absences.

I just filled in everything I could as I wanted the application processed as fast as possible.

If people use the Old form, UKVI may not refused on that basis, but they may invite you for an interview, which the regulations permits them to do.

Having to miss a day work of work, transport cost to travel to Liverpool. Filling that form and incurring such cost, which is the worst of the 2 evils.

**UPDATE**

My husband (non EEA) received his PR today!! Exactly four months after receiving the letter from HO after fingerprints.
We filled in the old EEA4 form (refused to do the long 120+pgs one) and it was very straightforward in the end. Thank you very much for all your help and support and wishing everyone the same outcome!!!

ikat wrote:**UPDATE**

My husband (non EEA) received his PR today!! Exactly four months after receiving the letter from HO after fingerprints.
We filled in the old EEA4 form (refused to do the long 120+pgs one) and it was very straightforward in the end. Thank you very much for all your help and support and wishing everyone the same outcome!!!

You will be able to laugh about all this, one day.
Glad to know of a successful outcome in the end.

So happy for you and congratulation

okay so after looking around for an hour to find out how to post,this is the only way i have learned.
Sorry if im hijacking your post but i dont know how to make a new one


Our case is very simple yet very scary to us.
We have had bombed dropped on us this morning by the Home Office.Me and my partner have been together for over ten years and have two beautiful girls Age 6 and 5.
I have applied for permanent resident card as an EEA family member.
We have provided all the relevance paper work..Home office have sent us a letter today stating that the application has been refused due to not enough proof of my partners exercising her treaty rights and has given us the right to appeal within 14 days.!Now 6 years ago when we applied we had our first child and had absolutely no idea of treaty exercising and we never thought that it would affect us now.We were too busy with a crying baby!We dont have anyone and after the first baby she felt pregnant again so there was no possible way that someone was going to employe her while having to breast feed two babys!We have tried everything but it was very hard.However my partner has been actively seeking work and studying accounts at college for the past 4 years.At the end of this year she will be a qualified accountant.And as soon as our youngest started going to school she started working within weeks.
What broke our hearts was where home office mentioned that i should go back to where i came from voluntarily..
My children are my world to me and to even think that someone setting behind a disk could tell me to leave without considering what will happens extremely saddens me.
Any help would be greatly appreciated.
Btw when i got my first EEA permit i had a live asylum case that was still but closed due to EEA deccision made. i have been living in uk for about 12 years now



best Regards

And loads of congratulations to you Ikat

naim wrote:okay so after looking around for an hour to find out how to post,this is the only way i have learned.
Sorry if im hijacking your post but i dont know how to make a new one

...

best Regards

Your case seems complicated & really needs a new thread...

Choose appropriate forum, eg 'EEA-route...'
Click on 'New Topic*' button at top left of webpage.
Type away.

Will do so thank you

Thank you everyone!

naim, that sounds horrendous and I'm so sorry you're going through such a stress. I really hope you'll get some great useful advice here. We thought that if my husband didn't get thePR, we would apply for a new 5yr family permit. Is that at all an option for you? Is your wife exercising her treaty rights now (as a student?)?

Thank you for your kind reply.
Now the home office does not seem to understand that it's almost impossible to find the right job while having two very little kids to care for!I know we should have planned it better but it happened and my partner was very active person!Before our first born she was working for 3 1/2 years.She has started working since January last year and has been studing Accounts since 2011!I assume that at the moment our only option would be to apply for 5 years again but they are changing the laws so often now that even that would be hard to get!We have so many other issues and this was the final nail on coffin.Spoke to couple of lawyers but there fees are £1500+vat for an appeal witch is quit allot for 1 hour work!

That's terrible, what a ripoff!!
I might be wrong but if she's currently still a student why don't you apply for the new 5yr stay by yourself (with no lawyer) so that while the decision on that is pending you're allowed to stay/work? I hope your wife has had the necessary comprehensive sickness insurance for the past five years too, so that they don't find another reason to reject the PR should you be appealing.
Really hope this gets sorted with a good result, just the thought of a family being separated is unbearable!! Good luck with everything!!