Immigrationboards.com

Hi Guys ,

Please I am looking advice ,I applied with my with my wife ^EEA national ^for Permanent Resident however the application been refuse for the reasons of 3 years out of 5years my wife income was above the PET Primary Earnings Threshold .
however HoME oFFICE did mistake in calculation of 2 years ok ,I was appeal in the Court and I am waiting for the answer till now .

please My questions are :

1*please when the PET law come into force in this years (I mean the exact date ) ?
2*Should I pay my solicitor ? because the law says no win no fees ?
3*what do you think please about the appeal ? can be successful ?

thank you so much
Maurice

Maurice2 wrote:Hi Guys ,

...

please My questions are :

1*please when the PET law come into force in this years (I mean the exact date ) ?
2*Should I pay my solicitor ? because the law says no win no fees ?
3*what do you think please about the appeal ? can be successful ?

thank you so much
Maurice

1) 2014.
More on PET here:
https://www.freemovement.org.uk/using-m ... ne-worker/

2) That's not an immigration matter. What law? Talk to solicitor. Or approach CAB.

3) Note that use of PET is not compatible with EU law for such cases - but UK insists on using it.

Failing PET should only trigger further investigation of your case not lead to an instant refusal.

You only need to show work is genuine and effective not that you pass PET. If you can do that you have some basis for appeal etc.

Hi Noajthan

thanks a lots for the answer ,my solicitor asked me to pay him for his completed work however I payed him already half the money of permanent resident application because my case wasn't successful .
so I thought I'll complete my payment when the case will be successful .

I applied in April and he said that the law of PET comes into Force in May .also my work place they find out after HO check that my application was refuse and I can not work and my lawyer he did not checked properly his post mail from HO and if is not my workplace find out I lose the chance of appeal .
I did in the last deadline day .

Please if you can advice me what you think is good for me to do so ?

Thank you so much

Maurice2 wrote:Hi Noajthan

thanks a lots for the answer ,my solicitor asked me to pay him for his completed work however I payed him already half the money of permanent resident application because my case wasn't successful .
so I thought I'll complete my payment when the case will be successful .

I applied in April and he said that the law of PET comes into Force in May .also my work place they find out after HO check that my application was refuse and I can not work and my lawyer he did not checked properly his post mail from HO and if is not my workplace find out I lose the chance of appeal .
I did in the last deadline day .

Please if you can advice me what you think is good for me to do so ?

Thank you so much

The question of fees needs to be sorted out with solicitor and depends on whatever contract or terms you had with her/him.

PET has been around since 2014.
However that's not compliant with EU law. Your sponsor's work has to be shown to be genuine and effective, that's it.

What is sponsor's actual timeline and activities in UK? approx level of income?

What is precise wording of refusal (leaving out personal details)?

Hi Noajthan ,

Thanks a lots for the answer , my wife she start work in UK since 2010 till now and we send her P60 to HO .
My wife she work as Sales adviser .
Year Earning

2011 £1374 Below PET ( Is been mistake of calculation because her bank statement shows she was getting salaries every month more than £850

2012 £10645 above PET
2013 £4706 Below PET ( we found mistake also and was £ 8000 )
2014 £4515 Below PET
2015 £540 (maternity year)acceptable

SO is just 2014 is been below the PET .


2011-2013-2014 you have not earned to the Primary Earnings threshold .These years you can not be considered as a WORKER .In the absence of any evidence to refuse this assessment ,this office deems the claimed employment to be marginal and auxiliary or supplementary .As a result you can not be considered a qualified person exercising treaty rights in the United Kingdom as a worker .Whilst every attempt has been made by the Home Office to establish that are a qualified person in employment ,the burden of proof to provide such evidence rests solely with the applicant ....
In making decision to refuse your application consideration has been given to the European Modernised Guidance -European Economic Area national's qualified persons version 1.0 Effective as of 5/02/2015 .



My solicitor missed the law and fail ,did he deserve to get pay ?
I agree with him to pay him when he get me the ILR and he miss the PET law 2014 .
also he missed the post from HO if is not my workplace I lose chance for appeal in the last day .


Thanks a lots noajthan

The HO guidance and the PET are not the last word.

HO appear to have made snap judgement incompatible with EU law.
Get a better professional advisor and follow up on this.
If you have proof of sponsor's actual higher earnings and can refute HO mistakes you have a case.

Thank you but I don't understand what do you mean

''Get a better professional adviser and follow up on this.
If you have proof of sponsor's actual higher earnings and can refute HO mistakes you have a case''

Maurice2 wrote:Thank you but I don't understand what do you mean

''Get a better professional adviser and follow up on this.
If you have proof of sponsor's actual higher earnings and can refute HO mistakes you have a case''

It appears HO did not handle your case fairly. Take advice and follow up.

If you already have an appeal lodged (as you seem to say) then follow it through with additional grounds of mishandling/unfair treatment by HO.