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PR refused after living in UK for a decade - appeal

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

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jeremiahgrott17
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Posts: 1
Joined: Wed Apr 26, 2017 2:16 pm

PR refused after living in UK for a decade - appeal

Post by jeremiahgrott17 » Wed Apr 26, 2017 2:50 pm

Hello all,

I'm an EU national who has lived in the UK from 2006 and applied for a permanent residence earlier this year but was refused for the following points:

- I was on jobseekers allowance too long (12 months)
- I have not shown how I am currently exercising treaty rights

I have put in an appeal and need to send further information or reasoning. They say I was a student from september 2008- july 2013. However, actually, I was a student from september 2006. They have not noted this even though I sent evidence of this - doesn't this mean I already qualify for 5 years of living in the UK?

How can I argue the jobseekers point? I was genuinely looking for a job, it just took longer than i had hoped for.

Thirdly, I'm currently working abroad. However, I intend to return to the UK as I have property and relatives here. Would this be acceptable by the rules?

I would appreciate your insight as I'm at a loss here

secret.simon
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Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: PR refused after living in UK for a decade - appeal

Post by secret.simon » Wed Apr 26, 2017 3:07 pm

Merely living in the UK does not give PR. One needs to have exercised treaty rights for five continuous years.

Exercising treaty rights means the following;
- Working (requires registration with WRS before 2011 if from A8 countries)
- Looking for work (has conditions attached, if you were job-seeking for 12 months, you may need to demonstrate that you had a Genuine Prospect of finding Work)
- Studying with Comprehensive Sickness Insurance (private health insurance OR a non-UK EHIC card covering the whole period)
- Self-sufficient with Comprehensive Sickness Insurance (private health insurance OR a non-UK EHIC card covering the whole period)

Can you give details of how you exercised treaty rights in the UK with time lines (month/year would be sufficient)?

See another similar thread.
jeremiahgrott17 wrote:I'm currently working abroad.
How long have you been away from the UK?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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