EEA4 Refused For inexplicably

[Najioni]

Hello Obie, noajthan,

I'm non Eu Married to a Romanian women 02.2012 we have been together since 2008.
wife worked as self-employed 05.2011 till 02.2012 employed till present!
have all proof Everything HO need all invoices payslips p60 rent agreement etc.
I applied for EEA4 April 2016 And I received a refusal 10.2016 See the refusal REASONS FOR REFUSAL LETTER :

Dear Mr .........
On April 2016 ...... Solicitors applied on your behalf for permanent residence in the United Kingdom.
An official has considered your application on behalf of the Secretary of State. To qualify for permanent residence
a family member of an EEA national must show they have been living in line with the Immigration (European Economic Area)
Regulations for a continuous period of 5 years as detailed in regulation 15 of that legislation. Where the Union citizen
is a Bulgarian or Romanian who relies in part or wholly on their residence as a worker or job seeker, such periods must
also meet the requirements of the Accession (Immigration and Worker Authorisation) Regulations 2006. As the family member
of a former Accession State national, sponsor was self employed and Romanian, she was initially issued a yellow
registration certificate as a self employed person on 20 November 2013, Romania then got full EEA national rights from
01 January 2014, therefore the qualifying period for your sponsor started on 20 November 2013, therefore the earliest
date you can qualify for permanent residence is 20 November 2018. Moreover you have not been the family of an EEA national
(former Accession state national) from February 2012. As an Accession State national jobseeker, in order for your period
as a jobseeker to count towards the 5 year qualifying period needed for permanent residence you must demonstrate that you
were exempt from worker authorisation prior to becoming a job seeker. Based on the evidence provided, this department is
unable to establish that you have been exercising free movement rights in the United Kingdom for a continuous period of 5 years whilst employed.
Therefore, it has been decided to refuse to issue the confirmation that you seek with reference to
Regulation 15 (1) (b) of the Immigration (EEA) Regulations 2006 in reference to Regulations 2, 5 and 6 of the Accession
(Immigration and Worker Authorisation) Regulations 2006. In making the decision to refuse your application consideration has been given to the following: .................

You are entitled to appeal against this decision under regulation 26 of the Immigration (European Economic Area) Regulations 2006.
You have 14 calendar days from the date this decision was sent to appeal.

Please someone has the similar experience And what next ?

[Obie]

Did your lawyer provide all the documentations?

They are proceeding on the basis that your wife's self-Employment commences in November 2013, as that is they day they issued the Yellow card.

That is wrong, as the date yellow card was issued cannot determine when an A2 citizen commence their treaty rights.

On the face, it seems wrong, provided your lawyer did his work properly, and sent them all the relevant documents.

[Najioni]

Hello Obie Thanks for reply

Yes he provided all document but he seems don't know what's going on
he didn't appeal against this decision and went for ROR applied for divorce and waiting now.

[Obie]

Hello Obie Thanks for reply

Yes he provided all document but he seems don't know what's going on
he didn't appeal against this decision and went for ROR applied for divorce and waiting now.

He is trying to make you case look dodgy.

Any way i wish you all the best.

[Najioni]

Thanks Obie

Please Do you know any Good solicitor ?

[Obie]

When was the decision and when is the final day for appeal. I cannot recommend anyone to forum members.

[Najioni]

30 September 2016 is past a friend recommended me to come here and ask for help
I know is to late
Obie what about the ROR ? Do I go for ROR after Divorce or for PR ?

Many Thanks

[Obie]

You can go for PR now, perhaps the lawyer wants to make extra money from you for divorce.

Maybe he did not provide all your documents.

If i provided all evidence from 2011 and Home Office sends that refusal, i will be furious. The fact that your lawyer was not, but rather decided you divorce instead, it hard to reconcile in my head.

[Obie]

You can go for PR now, perhaps the lawyer wants to make extra money from you for divorce.

Maybe he did not provide all your documents.

If i provided all evidence from 2011 and Home Office sends that refusal, i will be furious. The fact that your lawyer was not, but rather decided you divorce instead, it hard to reconcile in my head.

[Najioni]

Yes You Right I'm furious now too
Yes A lot Of money I paid ..
The problem is My wife don't cooperate with divorce don't wanna sign the papers

[Obie]

Why the lack of cooperation.

But if my reading is correct, you appear to have all the documents of her treaty rights, do you not?

[alexxy]

Yellow registration certificate is in fact your wife's work permit ! Any work that has been done prior to that is considered illegal because only in 2013 did she acquire the working permit. I do not believe that UKVI has made a mistake in your case. Can someone correct me if I am wrong?

[Najioni]

Hi Obie yes I do have all the document
but as I read in here in other forum you was answer other >>Ex should be in the country and exercising treaty rights until the decree absolute has been granted, and you should be able to prove this by providing employment confirmation, Tax returns or a/c letter if self employed, etc ... Yes I do work Full Time And she too But I donno if she will give me papers I need after divorce...

Hi Alexxy I think Obie have right it wasn't illegal because when she applied for a NINO they asked her what for then they called the company she was working for confirmation after 1 week she get The NINO

[Obie]

Yellow registration certificate is in fact your wife's work permit ! Any work that has been done prior to that is considered illegal because only in 2013 did she acquire the working permit. I do not believe that UKVI has made a mistake in your case. Can someone correct me if I am wrong?

Yellow Registration was issued to Student, self Employed or Self Sufficient person under the Accession Regulation for A2.

However those people are covered by The EEA regulation 2006 in regards to their right of residence in the UK.

Therefore they derive their rights automatically without the yellow certificate.

[Obie]

Hi Obie yes I do have all the document
but as I read in here in other forum you was answer other >>Ex should be in the country and exercising treaty rights until the decree absolute has been granted, and you should be able to prove this by providing employment confirmation, Tax returns or a/c letter if self employed, etc ... Yes I do work Full Time And she too But I donno if she will give me papers I need after divorce...

Did you receive the message I sent you

[Najioni]

Hi Obie

No where did you send it ? I'm new here

[Obie]

Just realised you have not posted 30 post yet, so can't receive private messages.

Do you receive email notification of posted messages? If you do, you would have realised message was sent to you, but as your posting is limited,,you will not be able to see it.

[Obie]

Just realised you have not posted 30 post yet, so can't receive private messages.

Do you receive email notification of posted messages? If you do, you would have realised message was sent to you, but as your posting is limited,,you will not be able to see it.