Permanent residence application refusal.

[cpu2007]

Hi everyone
I really hope someone can help me as I have received the decision from the Immigration refusing my family application for Permanent residence.

A summary about us.
We move from italy to the uk 10 years ago. (a family of 5 people)
When we moved was to settle down, so some of us started studying other started working.
We never though about applying for permanent residence but recently we made the decision to do so(a month ago).
So we applied providing all documents showing our activity in the past 5 years (as we though we don't need to show the 10 years activity)

The refusal has been on the base that some of us has studied and didn't have comprehensive sickness insurance during our study period.
For eg. in my case, they said that I have worked only for 4 years so I haven't completed 5 years employment which doesn't entitle me to apply (i don't remember seeing this clause when I applied), the second reason was that I've provided proof of my study but no proof of comprehensive sickness insurance while I was studying (I though if I was residing here for so many years, I didn't need it)

Refusal for other members of my family was along the same line. They said we can appeal against this so I'm here asking for help to see whether we can do something about it.

I will really appreciate your help

Thanks in advance

[secret.simon]

What are the relationships between the five people who moved to the UK? How did they (individually) exercise treaty rights in the UK?

[cpu2007]

Thank you for the prompt reply.
Here are the details:

Father
lived here for more than 5 years and worked as a self employed person for 5 years
Reason for refusal: Not having a business account showing transactions(he used a personal account, of which he showed all the statements for the past years and also the NIN,SA100 )

Mother
Applied on the base that she's with a EEA member (husband)
Reason for refusal: Because attached to husband

Son
Applied on the base the he's with a EEA member (12 years old studying in high school)
Reason for refusal: because attached to father
Daughter
Applied on the base that she's with an EEA member(19 years old doing university)
Reason for refusal: because attached to father but also not having CSI(comprehensive sickness insurance)
Son2
Applied on the base the he's been here for more than 5 years (studied and worked during the last 5 relevant years)
Reason for refusal: for not having comprehensive sickness insurance and having done only 4 years of employment

All members are EEA nationals and have the right to reside in the UK.

[Obie]

To refuse on the basis of lack of business account is an error of law. It is not a legal requirement for a person to have a business account in order to be able to qualify as Self Employed person. It is wrong in law.

[cpu2007]

Thank you for the reply. I need to appeal against the refusal within 14 days. What about the other reasons for other members?

Thanks

[cpu2007]

any help guys?

[Obie]

Not sure the Age of Son 2. I know the refusal of Mother and son depends on father's, who i think was refused wrongly.

If Son 2 is over 21, then he will need to show he is dependent on father to qualify.

If Son 2 had European Health Insurance card, and that part of his time as Student, was when he was under 21 and father was in Self Employment, then sen 2 will have a good basis for success as well.

[cpu2007]

Son 2 is my self, my application didn't have any sponsor as I'm not only over 21 but also working.
I applied showing past 5 years proof of residence
This included degree that was completed in 2012
and work since
so
2012 study - degree
2013 work
2014 work
2015 work
2016 work
Their refusal reason
during study period I didn't have CSI
I haven't completed 5 years of employment.

I didn't have any Health care insurance card that I'm aware of. I'm from Italy, we have a health care system similar to the one in the uK, most services are free.
We moved here and used the NHS/GP and were never asked for any insurance.
In addition, I thought that is required only for someone who comes solely for study (temporary) to then move back, we moved here permanently.

[cpu2007]

Does anyone know a good immigration solicitor from the manchester area that I can use to appeal against this case? e.g is csi really necessary?

[Obie]

My question is, when did you turn 21, was it before or after you entered the UK and were you living with your parents?

[cpu2007]

I turned 21 before I entered the uk, I was 17 when I moved to the UK and I have been living with my parents the whole time.

[Obie]

That statement is contradicting . I can't make sense of it.

[cpu2007]

Sorry I meant I turned 21 when I was already in the UK
I entered the UK at the age of 17.

[Obie]

Then therefore you are entitled to rely in part or on whole on the patent who is self sufficient for your 5 years residence. Between your entry at aged 17 to now when you are over 21.