EEA married with BC for 8 years, PR rejected HELP pls

[valyina]

Hi
I am Romanian and I am married with British citizen since July 2006.
We followed all the legal steps as our marriage is a genuine one. At the moment I am very confused and frustrated as no one could give me some clear answers (I even contacted legal advice from a solicitor, in immigration matters and still no precise answer).
After I met my husband and decided to get married, I came in the UK with marriage visa (2006). After that I had a 2 years visa (Leave to remain) until 2008. In 2008 we called the Home Office to find out what do we have to do (note that my husband works for the Prison service and we are not allowed to apply in person, only by post). On the phone we have been told that as I am Romanian I should apply for the UK residence documentation (blue card) and after 5 years my residence in the UK will "become automatic".
I though that I will have to apply for ILR (indefinite leave to remain) instead but "they" said that is the next step for me, as Romania is part of the EU. Again, I was confused and I didn't have in my mind to apply as an individual as I was married with a British citizen. Also we have not been told anything about the treaty rights and most important about the CSI ( a very well known problem now days).
However we though they they know the law better and we sent my application which was a successful one (Registration Certificate - blue card) which I found out later on that is valid for 5 years (Oct 2008- Oct 2013)
So in Oct 2013 we called again the Home Office and asked what is the next step as I would like to make my status clear and also to settle (been married for more than 7 years at the time).
We been told that in January the law regarding Romanians and Bulgarians will change, so I would not need to apply for ILR SET(M) and I will be able to apply for a PR card. Again I took their word thinking that they know what they are talking about and in January I applied for the PR card. Unfortunately I have been rejected. Even if I did choose the self-sufficient option, I sent the P60 for the 2 years when I worked as a teacher assistant at Canterbury College plus bank statements, marriage certificate, husband's P60, bank statements but of course I didn't have CSI. As I said before, I didn't know that this application will be treated as an individual, I though the fact that I am married will count. (Small note- I have never asked for any public funds as I had my own money and also my husband was my "sponsor" when I came to the UK)
Now at this point I don't know what to do, I don't know what my rights are as I didn't come to the UK to leave as an "individual" person, I came here to leave with my husband. The solicitor suggested to get a CSI and wait another 5 years, after I should apply again for PR.
I have to say that I am crying at this moment when I am writing this message.
There is no chance to get hold of some one from HO but I don't trust their word anymore.Also the solicitor told me that I can't apply for ILR as I am "over time*?
I am sure that I am not the only person in this situation but I am desperate to find some answers. and I am sorry if I posted in the wrong topic.
Please if you have some helpful answers would me much appreciated.
Thank you

[Obie]

The solicitor is very wrong to have given you such an irresponsible advice.

On what basis were your refused?

Even though as a Romanian Citizen, you are not required to have leave, the UKBA has a policy, whereby EU citizens who are married to British citizens, can make an application for FLR(m) or ILR(M). They are required to make a charged application , but the application is dealt with by the European casework team.

If those people qualify for Leave to remain, they are granted a Registration certificate, and if they qualify for ILR, they are issued with PR certificate. There is never an endorsement on their passport.

That policy is still in existence, but you have to pay the normal fee, as if you are applying under the immigration rules.

If however, you have been working since 2006, when you entered uk until 2011, then there is no need to go for the Expensive application.
He is wrong to suggest that you have to wait for another 5 years.

Were you given a right of appeal, then I strongly believe you should appeal it.

You as a spouse of a British Citizen, cannot be treated less favourable to a non-eu citizen.

[Amber]

It should also be noted that SET(M) does not require extant leave and if you've completed 2 years with spouse leave under Part 8, you can apply for SET(M) by post. B1 English and LIUK required. Following SET(M) you can naturalise as British.

[valyina]

@ Obie

Hi
Thank you so much for taking the time to read my post. I will try to answer as clear as I can.
My PR has been refused for not being able to provide the CSI (comprehensive sick insurance) and more bank statements. I didn't know that I have to send bank statements for each month of each year (to cover 5 years and which I could provide if asked).
They (HO)said that I have the right to appeal, but because I don't have a CSI to cover the last 5 years, the solicitor said that I don't have a chance on winning the appeal. Also they said in the letter that as an EEA national, I am not required to leave the UK as for a result of this decision. If I am not required to leave, what do I do next then, will I have to go to Romania every 3 month? I am a wife of a British citizen, and I don't know where do I stand!
As I explained before, I applied as a self-sufficient. I have worked only for 2 years not for 5 years but I thought to include the P60's along with all the other documents. I also included some of my husband's documents along with the marriage certificate to emphasise that I am married to a British citizen.

Regarding the ILR, I have considered to apply for it, but the solicitor told me because my Leave to remain stamp (visa) expired in Oct 2013, I can not apply (over time). What is worse is that even her (the solicitor) wasn't sure so she said she will make some enquiry regarding my problem (still didn't hear from her).
I know about the fee and all the other requirements for the ILR including the UK test knowledge and Language test, but again, am I still eligible? I don't know .
I will be happy to provide you with more info in case that I didn't make myself clear enough.
Thank you once again for your time.

[valyina]

Thank you Amber for your reply.

That gives me a bit of hope. So do think I am still eligible for the SET(M)? Even if many years have gone since my 2 years visa?
I am scared now after the solicitor told me that now I am in the HO database as living unlawfully due to not being able to provide CSI to cover the past 5 years which leaded to the rejection of my PR.

Thank you

[Obie]

I believe you should exercise your right of appeal.

Furthermore I believe you have a case for demanding that the rules in place in 2008 be applied to your case.

This B1 test only came into place in 2012 July, and I dont believe it should apply to your case.

The solicitor got into a module. You dont require, or can be granted leave after December 2007 when Romania Joined the EU. Therefore this cannot result in an obstacle in the HO issuing you a PR certificate. In 2008, that is what UKBA should have issued as per their instruction. They failed to do so and you solicitor should have taken them to task for refusing to do so.

It is worrying how some solicitors act. The guidance are clearly stated in paragraph 4.15 of this link . Solicitors simply needs to read it, and hold UKBA to task.

If they cant be bother, then what is the point of calling themselves solicitors.