PR rejected - will I lose right to work in the UK

[Petulacek]

Hi all,

Apologies if this topic has already been answered, but I couldn't find any information in previous topics.

I am a Czech Republic national (E8), who has lived and worked (and studied) in the UK continuously from 1998 to date. I will post about my personal circumstances in a different thread as have some specific questions I'd like to ask relating to my application and wanted to address the below in a separate thread.

I had an appointment with my local immigration solicitor approximately a month ago. The solicitor confirmed that should I apply for Permanent Residency and be refused, I would lose my right to work in the UK. I wanted to apply for my PR as soon as possible due to Brexit, but am now probably going to delay to see what the Brexit negotiations bring.

Below are the quotes from the solicitor's emails to me:

If the application is refused, it will be better to make a fresh application because it will take some time for the appeal to be listed and therefore it would be better to make a fresh application. Regarding your right to work the Court of Appeal made a ruling regarding The EEA Regulations and 3C leave under the Immigration Act 1971. Section 3C and 3D leave is an automatic type of leave created by an amendment to the Immigration Act 1971 so that where a person makes a valid application to extend his or her leave to enter or remain and the application is refused, that person’s immigration status would be extended during any waiting time for the application to be decided or for an appeal to be decided. However, the EEA Regulations does not come under the UK Immigration Act 1971 so you do not have the right to continue to work whilst your appeal is pending.

I have checked the rules and as an EEA national, once you submit your application and if it is refused by the Home Office you do not have protection in terms of work. Meaning, you do not have the right to continue to work whilst your appeal is pending.

In our personal meeting, the solicitor adviced that it is probably best not to appeal as it can be a rather lengthy and potentially expensive process (especially if I were to engage a solicitor to represent me) and that, to get a quicker result, is is easier to submit a new application with the required evidence/information that may have been the basis for the initial refusal.

So three questions, I suppose:

1. Will I lose my right to work in the UK if my PR application is refused?
2. Could I be also asked to leave the UK if my PR application is refused, regardless of the fact that I am an EU citizen exercising Treaty Rights?
3. Should my PR application be refused, would you recommend an appeal or a new application?

Any advice will be very much appreciated. Thank you!

[alterhase58]

Not being a legal expert, but I can't believe you received this advice.
From my knowledge and reading of the forums the answers are:
1) NO
2) NO
3) not sure why you should be refused if you can prove a five year period of exercising treaty rights, but re-applying seems to be a frequent recommendation.

[Casa]

Hi all,

Apologies if this topic has already been answered, but I couldn't find any information in previous topics.

I am a Czech Republic national (E8), who has lived and worked (and studied) in the UK continuously from 1998 to date. I will post about my personal circumstances in a different thread as have some specific questions I'd like to ask relating to my application and wanted to address the below in a separate thread.

I had an appointment with my local immigration solicitor approximately a month ago. The solicitor confirmed that should I apply for Permanent Residency and be refused, I would lose my right to work in the UK. I wanted to apply for my PR as soon as possible due to Brexit, but am now probably going to delay to see what the Brexit negotiations bring.

Below are the quotes from the solicitor's emails to me:

If the application is refused, it will be better to make a fresh application because it will take some time for the appeal to be listed and therefore it would be better to make a fresh application. Regarding your right to work the Court of Appeal made a ruling regarding The EEA Regulations and 3C leave under the Immigration Act 1971. Section 3C and 3D leave is an automatic type of leave created by an amendment to the Immigration Act 1971 so that where a person makes a valid application to extend his or her leave to enter or remain and the application is refused, that person’s immigration status would be extended during any waiting time for the application to be decided or for an appeal to be decided. However, the EEA Regulations does not come under the UK Immigration Act 1971 so you do not have the right to continue to work whilst your appeal is pending.

I have checked the rules and as an EEA national, once you submit your application and if it is refused by the Home Office you do not have protection in terms of work. Meaning, you do not have the right to continue to work whilst your appeal is pending.

In our personal meeting, the solicitor adviced that it is probably best not to appeal as it can be a rather lengthy and potentially expensive process (especially if I were to engage a solicitor to represent me) and that, to get a quicker result, is is easier to submit a new application with the required evidence/information that may have been the basis for the initial refusal.

So three questions, I suppose:

1. Will I lose my right to work in the UK if my PR application is refused? No
2. Could I be also asked to leave the UK if my PR application is refused, regardless of the fact that I am an EU citizen exercising Treaty Rights? No
3. Should my PR application be refused, would you recommend an appeal or a new application? A new application, addressing the reasons for the refusal.

Any advice will be very much appreciated. Thank you!

[Petulacek]

Thank you very much to Casa and alterhase58 for your responses. The solicitor's advice did sound quite odd so am glad for both of your inputs.

[Obie]

I know some UK solicitors have a poor understanding of EU law, but it is hard to imagine that a solicitor or immigration adviser will say that.

Those are 1+1 in immigration matters.