Page 1 of 1

EEA3 refusal letter

Posted: Tue Feb 26, 2013 12:40 am
by mist_question
Dear all,

I have a few rather silly questions, but I would appreciate your help.
I am Romanian and I have applied for a document certifying permanent residence using EEA3 and received a refusal letter. The letter stated that x y z documents (payslips) were taken into account and I do not fulfil the criteria, however amongst the documents mentioned there wasn't my university graduation certificate, scholarship certificate or proof of residence letter (which clearly showed 5 years of continuous living in the UK).

Have any of you come across this? To only consider a subset of documents and not explain why the rest were not considered?

I was also given the option to appeal at a tribunal for £140 for an oral hearing. Have any of you taken this path?

If so have you come with any witnesses and what have they said?
Have you submitted a new set of documents or the Home Office comes and presents what documents they think they have received and then the judge decides based on that?
How quickly have you been given the hearing and how long after have you heard the decision?

Basically I am trying to decide if I should appeal or just apply again and wait 5 more months for an answer (hopefully not of the same type with no rational explanation).

Many thanks,
M

Posted: Tue Feb 26, 2013 12:55 am
by nidaulhaque
You just not need to show five years residance but also exercising treaty rights for 5 years ie working, studying, self employed etc did you sent proof or treaty rights???

Posted: Tue Feb 26, 2013 12:56 am
by mist_question
[quote="nidaulhaque"]You just not need to show five years residance but also exercising treaty rights for 5 years ie working, studying, self employed etc did you sent proof or treaty rights???[/quote]

yes sent proof of continuous studying and also some working

Posted: Tue Feb 26, 2013 1:06 am
by nidaulhaque
mist_question wrote:
nidaulhaque wrote:You just not need to show five years residance but also exercising treaty rights for 5 years ie working, studying, self employed etc did you sent proof or treaty rights???
yes sent proof of continuous studying and also some working
When you say studying did you sent csi as well?

Posted: Tue Feb 26, 2013 1:09 am
by mist_question
There are some transitional rules that say that if you have successfully applied for an yellow card before CSI was introduced you do not need to provide CSI with your EEA3 either.
Should this be the issue, I am sure they could have said you have failed because you have not provided CSI... or maybe they never do

Cheers,
M

Posted: Tue Feb 26, 2013 1:13 am
by nidaulhaque
mist_question wrote:There are some transitional rules that say that if you have successfully applied for an yellow card before CSI was introduced you do not need to provide CSI with your EEA3 either.
Should this be the issue, I am sure they could have said you have failed because you have not provided CSI... or maybe they never do

Cheers,
M
I am not sure about yellow card but as far as I know if u student they do ask for csi , may be I am wrong, in this case someone will be make it clear for you,

All the best with your application and hopefully u will get ur pr