ILR help - **URGENT PLEA FOR HELP!!!**

[AppreciateYourHelp]

hi all,
I just came across these boards a few moments ago and hoping one or many kind souls out there can provide me with some authoritative guidance on the following problem.


If I have just received a letter of refusal to issue me a permanent residence card as the non-EEA spouse (USA) of an EEA National (RoI/UK dual), and if I wish to appeal this decision, will I be given the opportunity within the appeal process to 1) offer and provide the missing info that would wholly complete my application and 2) will it not be too late to submit the outstanding information?

if so, will this actually mean I will get my permanent residence card if everything is found to be genuine and complete?

I hope my post makes sense.

Detail-wise, I am a US Citizen and my wife is a UK/RoI dual national. We live in Northern Ireland with our 2 young boys. Just today - after waiting a year for the UK Border Agency to process my application for permanent residence, we received a letter basically telling us that while I meet the minimum 5 year residency requirement in the UK to be granted my permanent residency certificate, I apparently did not provide evidence to prove my wife as the EEA national was also continually resident in the UK for the same period with me.

For this reason, my application was refused - and I have apparently been asked to choose between either appealing the decision or VOLUNTARILY leaving the UK (or be forcefully removed if I do not move myself if not appealing).

I am sure that I enclosed proof of my wife's 5 year residency period of time with me in my original application in Jan 2009. But, in Nov 2009, I received a letter from UKBA asking for documents relevant to my wife. I was very sure then that I had submitted everything I was asked for originally in my application, and wrote back to UKBA in Dec 2009 explaining this.

And now, the letter arived today, refusing my application and giving me the ultimatum of appeal or voluntarily remove myself from the UK.

BUT...if it turns out that I did not provide sufficient proof in their eyes, does the fact they refused my application strictly mean that I will not at all be given the opportunity now to bring forth that outstanding info to complete my application? In other words, is there no 'last chance sallon' available for me now?

Needless to say - I feel horrible. Totally not what I was expecting to hear back after a full year waiting.

Again, my concern is simple and it regards the appeal process:

Since my application has been refused, and I do intend to appeal and fight it tooth and nail, can anyone of you tell me authoritativey if:

1) will the appeal mechanism allow me to explain that I have a treasure trove of the relevant, required information to prove my wife's residency requirement as a condition for my being granted ILR, and
2) if this is THE ONLY information that was apparently missing from my application, will it be straight-forward a situation that the appeal would go in my favour and the Home Office will re-consider my application and eventually grant me my ILR?

Otherwise - I will be forced to leave my young family behind before the end of this month of Feb 2009!!

This is so surreal; and I am so so concerned and quite scared, if I am honest.

Can someone out there please reply to my post and give me some guidance!

Thank you very much in advance.

Mr G

[Wanderer]

Did u send the EEA person's passport and proof of exercising a treaty right - usually P60's etc?

[AppreciateYourHelp]

Hi wanderer,

I did send my wife's Irish passport, and a joint mortgage statement, but not P60 because my wife is a housewife so does not work.

[AppreciateYourHelp]

hi all,
was just hoping that if anyone out there is reading this thread and have advice or can signpost me on where i can go to inform myself, could you please let me know.

both my wife and i are still reeling with this news and hardly got any sleep last night.

thank you in advance!

[John]

You need to appreciate that your wife has the right to live in the UK .... to exercise EU Treaty Rights! There are a number of ways she might have been doing that .... employed, self-employed, a student, or as in her case, as a self-sufficient person. That is, she is self-sufficient because of your earnings.

But there might be a problem. In order to exercise EU Treaty Rights as a self-sufficient person she not only needs to have sufficient funds, but also comprehension sickness insurance. So my question is, does she have such an insurance policy?

[AppreciateYourHelp]

hi JOhn,
Thanks for the info.

she doe shave her own bank account with funds.
and as far as health insurance, well, we both have life insurance cover and critical illness cover along with our mortgage, and as a UK National, she is entitled to NHS cover.

however, if you mean to say that she has to have a separate private health insuance policy, then no, she does not. again, simply because as also a UK citizen, she already has access to the NHS.

is this helpful OR will the lack of a stand alone private health insurance cover undermine her ability to establish that she has ben exercising her EU Treaty of Rome rights?

[Wanderer]

An alternative is to apply under UK rules as a spouse - means starting again and costs but u will be a citizen in three years, possibly two...

And it will stave off the removal threat!

[John]

AppreciateYourHelp, how brave do you want to be? Or put it another way, do you want to be a test case?

According to the regulations a :-

[quote]“self-sufficient personâ€