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EEA4 refused due to claiming disabled related benefit???

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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noumidia25
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Posts: 1
Joined: Sat Feb 28, 2015 2:25 pm

EEA4 refused due to claiming disabled related benefit???

Post by noumidia25 » Sat Feb 28, 2015 3:13 pm

Hi
I need your help please!!!
Here is the situation:
I am a eea national (France ), my partner non eea national submitted eea4 app on 10/11/14, received coa 26/11/14. My partner and I have lived together since 11/04 and have 5 kids together who are French.
My partner been in the uk since 95.
We had no problem to wait for the six months timescale given by the ho but as my partner is ill and disable, his PIP claim forced us to contact my Mp to assist us in speeding up the process after 3 months already gone.
My partner was awarded PIP until only the end of his 5 year residence card. This is why I urged the Mp to help us. The MP's caseworker has made some enquiries on my partner's behalf by phone. Few days after we received ho decision: Notice of refusal to issue Pr with no requirement to leave the uk based that I haven't resided here for the last 5 years. The reasons of refusal letter was based that I wasn't exercising treaty rights for 5 years...
I entered the uk in 11/04, student till 05/05, worked (paid for work and sickness ) from 01/05 to 20/06/08, from 06/08 to 12/08 jobseeker, 12/08 to 02/12 temporarily incapacited, 02/12 to 07/13 jobseeker (not main applicant) and from 1/08/13 my partner is claiming ESA due to illness (he is in support group) and his pip claim started 02/02/14 to 12/14. I have been his carer but not accepted by ho as exercising treaty rights.
our pb is that I feel that the official rushed to deal with my partner app and didn't go through all the paperwork as I have submitted prove of 5+residency (from 06 to now) and exercising treaty rights..(from 05 to now). On her reasoning I can see lots of error of dates, confused reasoning and omitted to write all the supported doc we provided. Seems to me that she was programmed to refuse him as she was selective...
Finally I contacted my mp caseworker by email and no reply...
Please I would appreciate your comments and suggestion if should go to appeal or apply for FLR(FP) as suggested by the ho, or complaint to the HO...

Thanks for your time

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