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Hi All

I want to know if anyone can help or advice in his situation, Such a same that I cannot upload the HO refusal letter so I will briefly describe the background and the refusal reason

My friend married a Polish national in 2006 in the UK, and since then they have two kids, one Born in 2007 and one in 2014, She worked a couple of year after arriving in the UK back in 2005.

at present, she is not working currently and she is the main sponsor and applicant too, claiming child benefit, and housing benefit.

below are the reasons from HO

Reason why your application has been refused

We have determined that you have not provided adequate evidence to show that you have a right of residence in the UK as a qualified person.

your application has been considered under regulation 6 and 4 of the immigration (EEA) Regulation 2016. you have not provided adequate evidence to show that you are exercising Treaty rights in the UK as a self-sufficient person.

The bank statement provided show that you are in receipt of public funds

you have not provided evidence that you and your relevant family member hold comprehensive sickness insurance in the UK

you have therefore not shown that you are exercising treaty rights in the UK.

now my question is what can be done next?

does she need to to be employed? if so how long for before they can apply again?

or any other solution will be welcome.

BR

Oh dear, looks like you have never spoken to a solicitor before, nor seeked legal advice

Short answer is she can't nor her husband get Permanent residence, because they got to be qualified person under EU law for 5 continues years.. no breaks bo gaps if there is one year gap then she has to start counting 5 years from beginning, working in proper employment, basically she won't have time to be eligible for PR due to brexit

Instead she should apply for settled status because it doesn't rely on being qualified ( working for 5 years) but instead it relies on being in the UK for 5 years continuesly . And home office automated checks will prove that easily because she recieves benefits

Thanks Hanihani for your swift reply.

Is that the only option?, and what does settled status means for the family.

And you will not beleive that all these 4 application was submitted by a Lawyer and i will ask my friend to sue him and run a campaign to name and shame him.

BR

The lawyer was wrong to do that . No lawyer in good conscience could have expected that application to succeed. The EEA national had not been exercising treaty right as a worker, self employed,self sufficient or a student.

Therefore if the lawyer was indeed a lawyer, he or she ought to have appreciated that such application was bound to fail.