permanent residence card application is refused

[Britishgirl]

Hi all,
I hope I can get some help please.
My husband's application for a permanent residence card has been refused recently. Here's what it says in the refusal notice....

Your application has been considered under regulations 9 and 15 of immigration (EEA) regulations 2016.
You have not provided adequate evidence in support of your application as the family member of a British citizen who was exercising their treaty rights in another EEA state for a continuous five year period.

In order for your British citizen sponsor to be treated as an EEA national for the purposes of the 2016 regulations they must demonstrate that they have been a worker, self employed person, self sufficient person, student, or jobseeker, on their return to the UK for continuous period of five years.
You were previously issued a residence card in 2014 after returning from Cyprus. To satisfy the regulations for permanent residence you would need to evidence that since 25th November 2016 your sponsor has been exercising treaty rights in one of the categories stated above.
In addition you would need to evidence that since that date you have also been residing in the UK.
Your application has been refused because you have failed to submit any evidence to demonstrate that your sponsor has been exercising treaty rights in the UK for a continuous period of five years in any of the categories. The evidence does not constitute five continuous years as required to satisfy regulations 9 and 15.



Ok when we filled the application form for permanent residence we didn't need to fill in the section about what work we have been doing here the last five years....we just filled in all sections relevant for surinder Singh route...now they are saying this!!!! And regulations have changed?

Please can someone guide me with this ....

[askmeplz82]

YES in 25 November 2016 .. requirement at regulation 9(1) and 9(7) is that the British citizen sponsor must in effect be a “qualified person” in the UK. This means being a worker, self employed person, being self sufficient or being a student

The current Home Office guidance (see pages 28-29)
https://assets.publishing.service.gov.u ... .0-ext.pdf

directs caseworkers to accept that a British citizen will have been a qualified person up until 25 November 2016 so long as the residence card was issued prior to that date. it would mean that a non-EEA national who entered the UK under Surinder Singh and was issued a residence card will automatically have lost his or her right of residence in the UK if the British citizen sponsor ceased being a qualified person at any time after 25 November 2016.

The regulations did not previously impose this requirement

[Britishgirl]

Ok so what should we do? And is this or the settled status scheme the best route for us?