EEA Permanent Residency refused!?

Hi all,

My permanent residency has been refused today and the reason is due to insufficient evidence. I have been in the uk for roughly 14 years now. I’m currently 23 and have gone through whole education system in the UK. It states that I have to provide evidence of having sufficient financial resources from the time when I was attending primary school, high school and collage. Due to my Mother passing away in my first year of collage I’m not sure what information would be sufficient. I also didn’t hold a comprehensive sickness insurance during university which basically make the 3 years of uni irrelevant to the application which I think is just ridiculous.
Bellow I will provide the exact document which I have provided.

So my application contained:

- School from 2005 to 2015 Evidence included an original document from the school stating the period in which I attended. It has been stamped and signed by the head of school
- University from 2015 to 2018 Evidence included an original document from the university stating the period in which I attended. It has been stamped and signed by the university chancellor
- Student finance documents (maintenance loan + grant)
- Roughly 6 months of payslips from work after uni.
- Utility bills from 2014 - Present

The letter refusal reason:

- For an EEA Permanent residence application to be issued, it must be demonstrated by evidence which confirms 5 continuous years of exercising treaty rights in the UK.
- The evidence submitted does not demonstrate 5 continuous years of exercising treaty rights as an EEA national in the UK. For this reason the application has been refused.

- You have not provided a declaration, signed and dated by you, confirming that you had sufficient financial resources to not become a burden on the social assistance system during the period specified, or demonstrated this by other means.

So what should the declaration contain? Also will I have do a fresh application and pay the £65 again or should I appeal? I would appreciate any help or guidance to help me successfully acquire permanent residency status.
Thank you in advance.

How long had your mother resided in the UK at the time of her death?

Was she a migrant worker or exercising treaty rights in any capacity during the course of her residence in the UK and in the period leading to her demise?

I moved to the UK with my mother so she was working full time in the uk since 2005 till the time she passed away which was in 2016.

Do you have the proof of her employment. It seems like your acquired the permanent Residence before your mum's death, as you were a minor, so in 2010 you acquired this right, you just need to seek her documents through the HMRC and you will be able to mount a credible challenge. However if you are relying on you own right i believe you will encounter significant obstacles.

I wish you all the best for the future.

@Obie, can't the OP apply for the settled status after 29th of March? CSI won't be needed then.

Ok so do I just need to gave some documents that prove my mothers employment during that period? Which application form would I have to use to apply in order to acquire PR in this way? Also to clarify I'm applying for PR now and not waiting for the eu settlers status due to wanting to apply for a citizenship before brexit.

NatCam wrote: ↑

Thu Feb 28, 2019 9:33 pm

@Obie, can't the OP apply for the settled status after 29th of March? CSI won't be needed then.

In light of the chaos in the UK and the uncertainty heading to the future, i am not giving that advise, if a person wants to do that, it is a personal decision they have to make themselves but that is not a credible advise from my perspective.

Obie wrote: ↑

Thu Feb 28, 2019 9:05 pm

Do you have the proof of her employment. It seems like your acquired the permanent Residence before your mum's death, as you were a minor, so in 2010 you acquired this right, you just need to seek her documents through the HMRC and you will be able to mount a credible challenge. However if you are relying on you own right i believe you will encounter significant obstacles.

I wish you all the best for the future.

Ok so do I just need to provide some documents that prove my mother’s employment during that period? Which application form would I have to use to apply in order to acquire PR in this way?

If you plan to use proof of your mother's working before May 2009, you may also want to make yourself familiar with the rules about WRS, as that may also throw a kink in the acquisition of PR in that period.

Alternatively, if your mother worked for five continuous years between 2009 and 2016, those years would be much more straightforward to prove.

You use the same form to apply, but not in your own right, but as the direct family member of an EEA citizen who was exercising treaty rights (your mother).

Well i note Secretsimon's point, but even taking it at it highest, OP may well qualify under 15(1)(e), as the period from 2011-2015 preceding the migrant worker's demise suffices to enable the OP to qualify for permanent Residence under Regulation 15(1) (e) , and hence the reason why i never mentioned the WRS. Even from 2009 to 2014 before she died will cover OP.

Thank you for your advice. I will try to provided proof of my mothers employment and hopefully this will be sufficient to grant me permanent residency. Thanks again.