Immigrationboards.com

bielschmidt wrote:1: going and returning from Italy on her own

bielschmidt wrote:2: going and returning from Brazil with me

bielschmidt wrote:Hi,

I'm a german national and in Dec 2015 we applied for my wife's residence permanent card after her initial 5 years EEA family member visa.

Just yesterday we received a letter back with "refusal to issue a permanent residence card" with the reason that the EEA national sponsor (myself) have not provided enough evidence of exercising treaty rights for 5 years continuously in the UK.

Now, I have been in the UK for over 10 years and I assumed 1 P60 would ve enough and if they required some other information they would contact us back. I apreciatte that the UK Visas and Immigration department might ve very busy but taking 6 months to refuse an application for lack of evidence provided is beyond me.

The letter mentions that my wife should make arrangements to leave the UK, which is ridiculous hence that would leave me and 2 daughters on our own. They did offer an option to appeal, but my understanding is that can take as long as re-applying providing the missing evidence.

Can anyone provide any guidance on what would be the best thing to do?

Not only that but I have a bigger issue. Assuming that the aplication should not take more than 6 months we booked some flights due to family issues for next July.

My wife has 2 upcoming trips (1 to Italy on her own and 1 to Brazil with the whole family). Will she have issues with:

1: going and returning from Italy on her own

2: going and returning from Brazil with me

Appreciate any help and advice.

Many thanks

If you do not submit sufficient evidence to show that you qualify for a document certifying permanent residence or permanent residence card, we will refuse your application

bielschmidt wrote:I forgot to ask another key point. Up to now she was eligible to work in the UK, does that change with the refusal?

Thanks

bielschmidt wrote:Thanks Noajthan.

Reading other posts about submitting an appeal, some people did but also requested a new 6 month POA.

Assuming that on my case I shouldn't really appeal as I didn't provide enough evidence? Or can I add evidence onto an appeal?

Just trying to think what will best going forward, for her wntitlement to work, and travel tickets booked.

Permanent rights of residence scenario 2 wrote:This page gives you an example scenario of how to apply the permanent right of residence test for direct family members of a European Economic Area (EEA) national worker.
Mrs B, a Jamaican national, lives in the UK with her husband, a German national, who works full time in the UK. Five years after entering the UK, Mrs B applies for a document to confirm her right of residence. Mrs B was granted a residence card 4 and a half years ago.
In support of her application she sends in:
 her own Jamaican passport
 her husband’s German passport
 their marriage certificate
 her husband’s P60’s for the last 5 years and a letter from his employer
 utility bills and bank statements in joint names covering the last 5 years
You accept that Mrs B has provided proof of her own and her husband’s identity. You also accept they are related as claimed and that Mrs B’s husband has been a qualified person for the last 5 years.
You also accept that Mrs B and her husband have been continuously resident in the UK for 5 years. Therefore you issue a permanent residence card to Mrs B.

ohara wrote:Don't bother appealing - they didn't make a mistake. It'll be cheaper and probably much faster to just apply again.

Just for information, the bundle of evidence I submitted for my PR card application weighed half a kilogram.

Noetic wrote:Ditto. I really wish there was an NCS option for PR applications too so you don't have to risk so many important documents getting lost in the post!