my non EEA spouse Permanent residence refused

[basaranis]

Hi Guys,

I am a kind of guy who does things promptly and check whether that was right thing to do!

Similar story, As a Non-EEA FM I have been refused for PR after almost 6 years in the UK on the basis that my wife's (EEA national) earning was marginal and she did not have CSI to rely on my income to qualify as self-sufficient. A voluntary departure notice has been given too. We took a CSI for the whole family (inc kids who also go to school in the UK) and applied for Residence Card (sponsor being self-sufficient last 5.5 years, no benefit being received at all and having CSI starting from previous week before the application) without appealing the decision, which did not give me the right to remain anyway during appeal process since the decision was non-suspensive, whatever it means...

My employer is pending the COA with right to work. Otherwise I will have to go back to Istanbul Office of the company temporarily in order to switch to Tier 2 visa. I may end up serving the Army/Navy 6 or 12 months

The story I read above is quite similar but every case has its own merit. I was wondering whether If we did the right thing. Thanks!

Ismail

[noajthan]

Hi Guys,

I am a kind of guy who does things promptly and check whether that was right thing to do!

Similar story, As a Non-EEA FM I have been refused for PR after almost 6 years in the UK on the basis that my wife's (EEA national) earning was marginal and she did not have CSI to rely on my income to qualify as self-sufficient. A voluntary departure notice has been given too. We took a CSI for the whole family (inc kids who also go to school in the UK) and applied for Residence Card (sponsor being self-sufficient last 5.5 years, no benefit being received at all and having CSI starting from previous week before the application) without appealing the decision, which did not give me the right to remain anyway during appeal process since the decision was non-suspensive, whatever it means...

My employer is pending the COA with right to work. Otherwise I will have to go back to Istanbul Office of the company temporarily in order to switch to Tier 2 visa. I may end up serving the Army/Navy 6 or 12 months

The story I read above is quite similar but every case has its own merit. I was wondering whether If we did the right thing. Thanks!

Ismail

Welcome.

Most unfortunate.

Was sponsor a worker or self-employed?
There is no minimum earnings level specified in the cleaner, purer EU law even though UK applies its MET test (that is, to help determine who it agrees is a worker).
And use of MET is not compliant with EU law.
That may be an avenue to explore.

You would also be in a much stronger position if married.

[basaranis]

Hi again,

No She has never been self-employed. She works few hours per week at an University as a lecturer since 2012 with no CSI. But HO found her earning marginal and below PET (primary earning threshold). And when they looked at self-sufficiency instead, CSI did not exist. Letter reads as follow:

"Providing you and your EEA sponsor have held comprehensive medical insurance in the UK for a continous period of 5 years. You may be able to rely on the basis your EEA sponsor has been a self sufficient person on the basis of your earnings."

We now wonder whether Home Office may reject my application for 5-yrs RC with CSI covering the whole family. do you think HO would seek 3-months history for CSI as well as financial status?

If I was to appeal the decision, I would not be able to stay in the country. I rather applied for RC, rather quickly. I did not that arguing about PET or MET with HO would help me in short term.

Thanks
Ismail

[basaranis]

Ps. We are married!

[Obie]

You could appeal and reapply. That option is available .

[basaranis]

Thanks Obie for the reply!

Do you think that was possible to win the appeal case against HO's judgement of my wife's income?

Best
Ismail

[basaranis]

I leave this here,

https://www.gov.uk/government/news/mini ... introduced