PR application refused

[octoberse7ven]

22.09.2016
Applied for DCPR for myself (EU) and PR for hubby (Non-EU)

01.04.2017
Application refused, reason(s) as below:
- No evidence to show that any relevant taxes are paid and up to date (Low income so no tax/NI paid, no documents)
- 2011/2012 - £360, 2012/2013 - £20, 2013/2014 - £3996, 2014/2015 - £5337, 2015/2016 - £2425
- Too low earnings to be accepted as genuine and effective

Background:
Hubby works full time and earns enough for both of us; for certain personal reasons I only worked a few hours every now and then. I submitted my tax returns (figures and dates as noted above) letters to support our application along with other documents i.e. bank statements, hubby's payslips etc as well as a covering letter explaining that hubby's the breadwinner.

Hubby's RP expired on 19.10.2016
Right of appeal is given

Question:
Although we must appeal to keep hubby in his job (he doesn't qualify under any other category, well, to our knowledge), what ground(s) do you see we have to appeal and/or any other option i.e. applying for another RP etc?

[CR001]

It has nothing to do with hubby working and everything to do with you, as the EU citizen, not exercising treaty rights effectively or sufficiently.

[octoberse7ven]

Thank You for replying.

Yes, a little too late to gather, I reckon.


Could he apply for another RP? I've just found myself a suitable job (21 hours a week - work from home - would meet the MET criteria) so the rights won't be wronged, this time.

If yes (to applying for RP), could that be whilst the appeal is with the immigration tribunal?

What ground(s) do you see, well, for a compelling appeal?

[CR001]

Unlikely you will win an appeal. Unless you and your husband held comprehensive sickness insurance during the 5 years, you do not appear to be a qualified person.

Yes, he can apply for another residence permit.

[octoberse7ven]

He still does (CSI), I too had held it for 3 years (2012, 13, 14) but cancelled as never used.

Thank You, RP it is.