Shockin refusal of PR (EEA FAMILY MEMBER)

[Kitty]

As others have posted it would be really helpful if you could give more detail from the refusal letter: when they refuse for lack of sufficient evidence they usually make some reference to what you did supply, and give some kind of summary of any "gaps".

If the issue is that the Home Office has not accepted some of your documents, then an appeal might be the better route.

In total, appealing and making a new application will probably take a similar length of time. New applications take up to 6 months; an appeal is usually listed for a hearing in about 8 weeks but the Home Office can take 3 months or so to issue documents if you win.

If you have concerns about your own employment, then you will probably be better off submitting a new application because that will generate an up-to-date COA for you. You can state in an application for PR that if it is not accepted that you have PR, then in the alternative you wish to apply for a Residence Card: there is no requirement for EEA applications to be made on a particular form so as long as you provide some of your wife's recent wage slips you should at least get another 5-year RC that you can use to support your employment while you get any other issues sorted out.

[nemerkh]

the refusal letter said we didnt provide sufficient evidence in order to deem us exercising eu treaty rights. between brackets an example was given for Business bank statements??! although i dont think that was obligatory as far as i know.
my solicitor said now that my wife has been employed for last couple of months, she is exercising eu rights and therefore so am i, hence shouldnt be an issue with employment.
to be honest i dunno what to expect anymore. i have been let down by the ukba and am upset about it. we have been really good citizens and now this. as i mentioned before i know alot worse people who got their prs based on lies and despite their criminal records. but oh well, i also do understand that person characteristics dont play a role so the hell with it.
the way i see it, i think we will lose the appeal and we are gonna have to send the application for 5 yrs all over again..just great

[EUsmileWEallsmile]

It will not be helpful for you to compare your case to perceived fraudulent ones.

If your family member exercises treaty rights, you can be in the UK and you can work. Concentrate on that.

[Obie]

the refusal letter said we didnt provide sufficient evidence in order to deem us exercising eu treaty rights. between brackets an example was given for Business bank statements??! although i dont think that was obligatory as far as i know.
my solicitor said now that my wife has been employed for last couple of months, she is exercising eu rights and therefore so am i, hence shouldnt be an issue with employment.
to be honest i dunno what to expect anymore. i have been let down by the ukba and am upset about it. we have been really good citizens and now this. as i mentioned before i know alot worse people who got their prs based on lies and despite their criminal records. but oh well, i also do understand that person characteristics dont play a role so the hell with it.
the way i see it, i think we will lose the appeal and we are gonna have to send the application for 5 yrs all over again..just great

You seem quite pessimistic. You may very well qualify for PR given your circumstance.

In any event, you could still have you appeal allowed if you fail to qualify, as under section 85, your circumstance under the EEA regulation as at the day of your appeal will have to be considered

[nemerkh]

With regards to travelling, i have my 5 yrs residence permit now expired and am in the process of appeal. question is, can i fly with my wife to Latvia, her country of origin? well i kow i can leave the UK, i also know essentially they want a family visa for the way back, but given that we both have freedom of movement, do u think i can re-enter the UK successfully without a visa? with my wife that is?

[EUsmileWEallsmile]

If you get to a UK border and can prove entitlement, you would be admitted. You may struggle to get to a border if a carrier refuses passage.

[nemerkh]

If i travel to latvia by car i can get back to uk border @ dover. Do i use the same docs (marraige cert, rebtal and bills etc..) with my wife. What are the chances.

[EUsmileWEallsmile]

If you get to argue your case at a border, you should be admitted.

[Obie]

It seems more sensible for OP to get the Residence issue resolved, before embarking on an holiday.

[Directive/2004/38/EC]

They refused to issue you a PR card. The PR came automatically if you qualified.

You have a right to travel if you wish. But take the required documents. Read carefully through http://eumovement.wordpress.com/2010/08 ... to-travel/

[nemerkh]

Mm thats an interesting article thanks. I will strongly consider that

[Grazia]

Hi nemerkh, just was wondering how did your case culminate. Could you please post update as I'm in similar situation and it could be helpful. Many thanks.

[nemerkh]

Hello mate. Sorry i have posted somewhere else.
Basically appeal was refused on the basis of not enough self employment evidence. We didnt really want to proceed with higher tribunal. Therefore we reapplied for another eea1/2 on the basis of self sufficiency (we did a CSI once we got the PR refusal) And i have to say we got the permit in 6 weeks for another 5 yrs.

[uk2005]

Hello guys. Still feeling sick from the letter i got today. Refusal of PR. also stating: make preparations to leave the country!!!
Lebanese national married to a latvian citizen (no EU restrictions). Wife is self employed and am a doctor with a decent salary. We have been here for around 6 yrs we have two Uk born children. Submitted our EEA3 & 4 appsa 8 months ago. UKBA disnt send us a confirmation of app but nothing after. Reason of refusal is insufficient evidence to proof exercising Eu treaty rights.
Seeing my silicitor soon for an appeal package.
I have to say this is demeening. I feel like shit. We have been nothing but good citizens in the uk with no convictions or benefits!!!

I know people way worse than we are who have a british passport now.

Question is, for us we were applying for a cnfirmation of pr, do they have the roght to deport me?? My whole life is here. We have bills to pay schools to attend a career..a life!!! If i leave now means breaking my contract woth my hospital ... My God!!! Am in total panic. Obviously lawyer aaid we have to appeal and i can still work till decision of judge.

Has anyone had this? I mean refusal for EU people does this happen?? What happens now?? What to do and what are the chances ?

PLEASE HELP!

what was self-employed document you apply with?

[nemerkh]

All we privided was NI contributions frankly. So we actually didnt have enough evidence.

[Directive/2004/38/EC]

All we privided was NI contributions frankly. So we actually didnt have enough evidence.

Why do you think NI contributions are not good enough evidence?

[nemerkh]

Personally i think they are good enough. In the end if the revenue and customs institution say you are self employed, then you are self employed. HO argument was that we didnt provide enough evindence. Stating business statement and receipts. Most importantly apparently you need to show that you have a minimum 70£ income so that they consider your business economically "active". There you go.