EEA (PR) refused - Surinder Singh

Hi everyone!

I am an American who came to the UK on the Surinder Singh route and received a EEA Family Permit and residence card in December 2013 before the deadline for the new law.
I have just received a refusal letter for my EEA (PR) application on the basis reg 9 and 15 of the new law that has come into effect in 2016. I was silly enough to think I could follow the guidance on the government website to complete the application and that I didn't need to look any further to find missing information that I might need to add based on a new law that I didn't know existed.
So here I am, back after five paperwork-free years asking for your help. I have sifted through every detail of the new law and know that I qualify for the transitional agreement, still having to prove my husband, the UK national, was a qualified person from 2016 onward.
My question is this : I followed the guidelines and I can not find anywhere in the application (if following the Surinder Singh route) where I can add the information that my husband was a 'qualified person' from 2016 onward. Do I just attached the documents proving this? Or is there a section I am supposed to fill out in the application as well? From what I can understand, based on the guidance, I need to fill out section 5,10,11,17,18,and 19. Where can I add the details of my husband's employment from 2016 onward?

During a gap in my husband's employment we did not have CSI (as we had no clue we needed it). Has anyone applied and not given proof of this? I was working at the time and paying my NI so I don't think that's a fair rule.

Also, to make matters worse, my American passport is set to expire in March. I need to simultaneously apply for a new one and my EEA PR. I am due to go on a holiday the end of May. Which is the best way of doing this? Please note that when I receive my new American passport it will be in my married name, not in my maiden name as my previous one has been (all of the visa docs are in my maiden name). Will the name change be an issue?

Many thanks for any help with this!!

You have three options:

1. Apply again and provide the information of BC activities from 2016 onwards.

2. Appeal the decision and provide the information on appeal and challenge the decision based on Eind judgment (outcome uncertain).

3. The EU settlement scheme is now open to the public and doesn't require BC to be a qualified person. If the Home Office have previously issued you with a Biometric residence card you can go ahead and apply or alternatively send your documents to the Home Office for verification if you do not have an RC or an Android phone to complete the ID part of the application.

Hi mkhan,

Thank you for your reply.

We are going to re-apply, do you know if there is space on the application to put my husband's work information when following the guidance for Surinder Singh? From what I can see is that we only have to complete sections 5,10,11,17,18,and 19. Or do we just attach the P60s as separate evidence?

I thought the EU settlement scheme was only for EU members, would I be able to apply for it?

Many thanks!!

Please could anyone assist? I need to re-apply asap.

Do I just add details of my husband's employment in the supporting documents or is there a section that now needs to be completed in the application due to the law change?

Many thanks!

The EU settlement scheme will also cover SS cases.

As it is looking very likely we will not be staying in the EU, it is open to you make an application for settled status.

Thank you mkhan2525