Page 1 of 1

How to proceed with refusal of Permanent Residence app?

Posted: Fri May 22, 2015 11:32 pm
by enyue
Hello, everybody.

I'm the non-EEA family member of an EEA national. My application for Permanent Residence under EEA legislation has been refused, and I have questions in terms of what this means and how I should proceed.

The reason being that I failed to provide enough evidence to demonstrate that (a) my partner was self-sufficient over a couple of years, and (b) that we've had Comprehensive Sickness Insurance (CSI) throughout our stay.

Demonstrating the former is easy, but the latter is a bit more complicated: Our CSI policy was cancelled two years after coming to the UK because we moved to a different flat and the insurance company could not find any way to contact us. I learned that we had no insurance nearly 18 months later, when I realized that there were no payments going to the insurance company. We then took up CSI from a different company, which we still have.

I explained this in a letter enclosed to my application and the refusal letter from the Home Office says that I "should obtain any necessary confirmation from the relevant insurance company". I already contacted the company and they'll be sending me a letter within the next week. Does this mean that the lack of CSI for over 18 months will not affect my application if I prove how this happened?

On the other hand, the title of the notice I received reads "Refusal to Issue a Permanent Residence Card (No Requirement to Leave the UK)". What's my current immigration status then? To what extent can I still live a normal life until my next application is decided? May I still leave and enter the country?

My current EEA-based residence permit is valid for 4 more months, but I have a 1-week trip coming up in two months. Should I re-apply before or after my trip? I don't think I'm supposed to ask for my passport unless it's urgent. Also, since I'm going to travel alone (without my EEA partner), would I have any trouble at the airport because my permanent residence was refused?

I know that I can easily provide the missing evidence, but I'm worried that I may have trouble coming back to the UK after my trip. Should I hire a solicitor to advise me on this? Or should I just not worry too much about this?

Thank you very much in advance!

Re: How to proceed with refusal of Permanent Residence app?

Posted: Sat May 23, 2015 5:11 am
by mallakxxxx
Hey,

I am just another member trying to get advise about my case here but from what I know, your current status continues regardless of the PR Refusal.

That's just a document certifying ..well permenant residence!

As long as the EU partner is exercising treaty right, its all good.

I am sure someone a whole lot more savvy will advise you about the way to proceed.

As for the travel, there shouldn't be any issues but personally I'd get it all sorted before I travel.