Refusal to issue a residence card

[cruytenbeek]

I need advise about the outcome of my EEA residence card application. After waiting six months I finally received a letter in the mail yesterday stating that I've been refused a UK residence card. I'm South African married to an EEA national and we have two children also with EEA citizenship. The reasons for rejection provided is as follows: I have failed to provide sufficient evidence to demonstrate that my EEA family member is exercising their Treaty rights in the UK as defined under Regulation 6 of the Immigration (EEA) Regulations 2006. (He currently works offshore on a contract basis in Nigeria as a commercial diver). Seems like he needs to have a valid UK work address?

We've also indicated that he is self sufficient in the UK, but we did not provide evidence of Comprehensive sickness insurance cover in the UK. Can I just resubmit a new application showing that we have now taken out sickness cover?

To sum it all up : I've been told that I have no alternative basis of stay in the UK and should now make arrangements to leave. If I fail to do so voluntarily my departure may be enforced. They did not give me a time limit. They also state that I can appeal their decision or submit a new application with the necessary information to support my application for residence card.

This is very confusing - the one moment they tell me to leave and the next says I can appeal or resubmit. They also kept my passport! Can anyone please tell me what to do. We've also stayed in the UK from 2003-2007 and I got my residence permit with no problems at all. My daughter was even born here.

[vinny]

I'm not sure how he can be a qualified person when he's not residing for a continuous period in the UK?

[cruytenbeek]

Thank you for the reply. What will a continuous period mean? He works 6 weeks away and then 6 weeks home on a rotation basis.

[Casa]

Apart from the residence issue you also appear to have contradicted yourself in the application. Either he is employed in the UK or he is self-sufficient. He can't be both at the same time. CSI can't be paid retrospectively to cover a period where it was required for 'exercising Treaty rights' and taking it out now won't change the decision.

[vinny]

Probably he can become self-sufficient in the UK with CSIC for all family members, etc.

[cruytenbeek]

Thank you guys for the replies. Won't I be able to submit a whole new application form stating that he's self sufficient if we take out CSIC? Casa can you please explain why it wont help to take it out now? I really need help with this.

[cruytenbeek]

Please people - any advise will be greatly appreciated. What can I do to stay?

[Casa]

Thank you guys for the replies. Won't I be able to submit a whole new application form stating that he's self sufficient if we take out CSIC? Casa can you please explain why it wont help to take it out now? I really need help with this.

I believe you would have to submit a new application, but wait for others to confirm.

[noajthan]

Thank you guys for the replies. Won't I be able to submit a whole new application form stating that he's self sufficient if we take out CSIC? Casa can you please explain why it wont help to take it out now? I really need help with this.

You can't backdate CSI as its a type of insurance. So noone's PR clock has been running up until now or if it was running then its stopped.

You may be able to make a case that sponsor is now self-sufficient if you put CSI in place for all relevant family members (& can submit adequate evidence).

Continuity of residence in UK may be maintained if absences are kept within prescribed limits. No more than 6 months absence within 12 months periods.

[cruytenbeek]

Thank you Casa. Hopefully someone here will be able to give me advise.

[Casa]

Thank you Casa. Hopefully someone here will be able to give me advise.

Fellow moderator Noajthan just has.

[Obie]

I'm not sure how he can be a qualified person when he's not residing for a continuous period in the UK?

Was thinking the same, unless he is a frontier worker, or working for a UK employer off shore and return home after work.

But he is out of contentment.

Is he resident in UK for tax purposes?

Does the employer pay him through UK account and pays taxes for him in UK?

[cruytenbeek]

Hi Obie,

No he is currently working for a Nigerian Offshore Company so is not paying any UK tax. With the downturn in oil jobs in Aberdeen he has to work anywhere he can at the moment.
Will this affect his "Treaty Rights"?

[Obie]

Then he is not a worker nor is he residing in the UK, unless he is residing her for tax purposes.

On the face of things , it does not appear that the regulations is engaged

[cruytenbeek]

Obie,

He only works 6 weeks away and then home in the UK for 6 weeks. That means he's not away for more than 6 months of the year. Won't that count as residing in the UK?

[noajthan]

No he is currently working for a Nigerian Offshore Company so is not paying any UK tax. With the downturn in oil jobs in Aberdeen he has to work anywhere he can at the moment.
Will this affect his "Treaty Rights"?

This may help get you up to speed on treaty rights and free movement:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

- the only possible way your spouse could possibly exercise treaty rights in your current situation is as a self-sufficient qualified person;
(pay close attention to time spent away from UK/Europe - max 6 months per 12 months or its likely to be 'game over').

[cruytenbeek]

Noajthan,

Thank you very much.

Carolyn