PR EEA3 application refused - are they right?

[boloney]

Hi. my brother obtained PR confirmation on 31/10/2012 and now his wife (EEA national) applied using his card as confirmation of him exercising treaty rights for 5 years. they lived together in the UK since 2004. She submitted her passport, marriage certificate, his PR card, tenancy agreement, rent statements, utility bills, and some letters, all that was in both names.
HO refused and as reason they said she did`t submitted evidence how he is exercising treaty rights now. It was refused under 15 (1)(a).
are they right refusing it?
why they asking for paperwork how he is exercising treaty rights now if he have PR confirmation since 10/2012?
please help on that one.
thanks

[EUsmileWEallsmile]

No they are not right. A PR card holder does not require to submit evidence of exercising treaty rights.

See also, similar case here

http://www.immigrationboards.com/viewtopic.php?t=137596

[boloney]

No they are not right. A PR card holder does not require to submit evidence of exercising treaty rights.

Complain, rather than reapply.

That what I was thinking.
Do you think that complain would get them somewhere? They can't reapply now as they will be traveling in August, so passports will be needed.

[EUsmileWEallsmile]

In my opinion, it would be worth writing a letter of complaint asking for an immediate reconsideration. It appears that the case worker either did not understand the law or misapplied it.

Bear in mind that if an appeal to option was given, be careful that it does not time out.

[boloney]

In my opinion, it would be worth writing a letter of complaint asking for an immediate reconsideration. It appears that the case worker either did not understand the law or misapplied it.

Bear in mind that if an appeal to option was given, be careful that it does not time out.

thanks for the link you provided, it is very similar case. maybe the same caseworker.
I will talk to them to send complain letter and also complain to local MP about it, that may give it some speed.
They also refused kids applications and there was different reason given, kids apps were refused because they did`t send full birth certificate (they did send short one instead).