Status for Non EEA Permanent Residence Refused

[junior07]

Good day all,
I would like to clarify some questions regarding my status. I am married to a EEA national since 2012 and my resident permit has expired in June because I should be applying for my permanent residency now. We had both applied for permanent residency before myExpiry but was refused as there was some gap where they was not enough evidence to prove 5 yrs of continuous activity for my sponsorand have 14 days to appeal or start a new application. We are gathering the evidence and aim to submit an application within this 14 days. Now my Concerns are:

1. I understand I still have a retained right to reside in the UK but am I still allowed to work under this circumstances of refusal? i had already received a letter about being able to work in my first application.
2. If I would like to make a short trip out of the UK, what is my status as my resident permit has expired. Would I be given a short term extension or what kind of solution can be provided?

Thanks in Advance for all the help.

[Shani7605]

Good morning, was the employment gap over 90 days? Do you have any evidence of your sponsor looking for job? What's the exact wording on refusal letter?

If you file an appeal you'll be allowed to work but if you go for a fresh application you'll have to wait until home office sends you a COA. Secondly, travelling under these circumstances isn't recommended at all.

[junior07]

The Employment gap was not over 90 days. She was self employed and at some point it was part-time. The letter just states that we didn't provide evidence for some specific period of activity.. so we intend to add other tax assessment form to the application and anything else we can gather.(partly mistake from our side). Not sure what to do as the letter didn't say anything about me not being able to work.

[Shani7605]

IMO you should seek advice from a legal expert. Not long ago i read on this forum someone got away with a 3 month employment gap. My ex wife had 2 employment gaps of 11 days and 86 days which I'll cover with evidence of jobseeking. She was always employed during last 5 years apart from the 2 gaps I mentioned above and when she wasn't working she was looking for work. I'm going to apply for my PR in few weeks and keep you guys updated but the whole process takes about 6 months.

[Marikistin]

IMO you should seek advice from a legal expert. Not long ago i read on this forum someone got away with a 3 month employment gap. My ex wife had 2 employment gaps of 11 days and 86 days which I'll cover with evidence of jobseeking. She was always employed during last 5 years apart from the 2 gaps I mentioned above and when she wasn't working she was looking for work. I'm going to apply for my PR in few weeks and keep you guys updated but the whole process takes about 6 months.

Hi Shani7605 would just like to ask...see in your employment gap days did u count on the 86 days the saturday and sunday(s)? As my husband has employment gap too from half of feb until he got a job half of may.thanks.

[Shani7605]

Hi, yes weekends are included. If you can cover your husband's employment gap with job seeking evidence then you'll be fine. Home office wants to see evidence of treaty right exercised for continuous 5 years.

[Richard W]

1. I understand I still have a retained right to reside in the UK but am I still allowed to work under this circumstances of refusal? i had already received a letter about being able to work in my first application.

Legally, you are allowed to work, but employers may be too scared to employ you in case your circumstances are not as you state.