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Application been refused - Appeal or Apply again

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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AlexMi
Newly Registered
Posts: 2
Joined: Thu Jul 07, 2016 11:08 am

Application been refused - Appeal or Apply again

Post by AlexMi » Thu Jul 07, 2016 5:57 pm

Hi guys,

I'm an EU national and been living in UK for over 5 years. I've been in a permanent employment since the first week of arrival, however in the last 2 years switched to contracting under own ltd.

My application for a permanent residence certificate was refused based on the lack of evidence of employment. I've supplied at least 3 documents for each qualifying year, however only 2 documents directly associated to employment (P60 and employers letter). The other documents (bank account copies for each half year in UK with a highlighted line of salary, council tax\electricity\water\broadband bills, proof of Mortgage/home ownership and repayments, WRS document, etc.) were stated to NOT be a proving for the treaty rights as a worker for the requisite period (doh...I should have prepared a bit better and done more reading into it).

As far as I understand I only have 2 options:
  • Appeal (document based appeal fees of £80/oral hearing of £140)
  • Submit a new application (a fee of £65)

- Are these my only options?
- What would be the better option and why? (I'm not in a hurry, however it is always better to sort things earlier than later).
- Am I right in presuming that submitting a new application whilst having a refusal on the back would not have any negative effect?

Your advises highly appreciated.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Application been refused - Appeal or Apply again

Post by noajthan » Thu Jul 07, 2016 7:12 pm

AlexMi wrote:Hi guys,

...

As far as I understand I only have 2 options:
  • Appeal (document based appeal fees of £80/oral hearing of £140)
  • Submit a new application (a fee of £65)

- Are these my only options?
- What would be the better option and why? (I'm not in a hurry, however it is always better to sort things earlier than later).
- Am I right in presuming that submitting a new application whilst having a refusal on the back would not have any negative effect?

Your advises highly appreciated.
You may as well reapply as appeals take a loooooooonnnnnnggggg time and anyway you don't appear to have any grounds for appeal..

Get up to speed and also into the head of the caseworker assessing and weighing up your case, here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

As per my understanding, there is no negative impact from a refusal. And a DCPR is only a confirmatory document its not a 'visa'; it merely confirms your status it doesn't confer it nor grant any rights.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

AlexMi
Newly Registered
Posts: 2
Joined: Thu Jul 07, 2016 11:08 am

Re: Application been refused - Appeal or Apply again

Post by AlexMi » Mon Jul 11, 2016 10:08 am

Thank you for reply!

akz
Member
Posts: 197
Joined: Mon Mar 16, 2015 10:06 am

Re: Application been refused - Appeal or Apply again

Post by akz » Mon Jul 11, 2016 10:58 am

AlexMi wrote:Thank you for reply!
Reapply is the quickest and cheaper option than appeal, but make sure you provide all possible evidence and proof.

regards
akz
Happy to help and Happy to be helped

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