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EEA PR PERMANENT RESIDENT REFUSAL LETTER 2 TIMES

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marley44
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Posts: 1
Joined: Tue Dec 12, 2017 8:16 am
United Kingdom

EEA PR PERMANENT RESIDENT REFUSAL LETTER 2 TIMES

Post by marley44 » Tue Dec 12, 2017 5:55 pm

HELP ME PLEASE!!!!!!!!!!!!!!!!!!
I HOPE SOMEONE CAN GIVE ME AN ADVISE
PLEASE It's the second time that I apply for an EEA PR . I would like to explain you my situation and the previous refused applications.
I am an Italian Citizen living in UK since 1994 Married with UK British woman since 2007 I am also a Disable Deaf person with mobility problem and in receipt di Disability High Rate and ESA Benefit SINCE 1998 also my wife she is my Carer getting Carer Allowance this since 2007. When i moved in UK on 1994 i have requested my NINO and signed at the JOB-CENTRE for last 3 year with some saltuary work. On 1998 i became unable to work . At the end i have 3 years from signing to looking a work Job centre Plus and over 20 years form DWP benefit incl DISABILITY HIGH RATES.
I have apply for EEA PR ( vers.03/2016 ) for: 5 “Worker or self-employed person who has ceased activity”
REASONS FOR REFUSAL LETTER
You have failed to provide any evidence of your residency within the UK fro more than 2 years prior to your Incapacity 1998 and you have failed to provide any evidence to suggest you were exercising Treaty rights as worker prior to your incapacity. Therefore , it has been decided to refuse to issue the confirmation you seek with reference to REGULATION 15(1)(A)WITH REFERENCE TO REGULATION 5 (3) OF THE IMMIGRATION ( EEA )
Then i have check the Regulation 5 paragraph 3 , and it say:
5 “Worker or self-employed person who has ceased activity”(3) The condition in this paragraph is that the person terminates activity in the United Kingdom as a worker or self-employed person as a result of permanent incapacity to work; and—(a)had resided in the United Kingdom continuously for more than two years prior to the termination; or (b)the incapacity is the result of an accident at work or an occupational disease that entitles the person to a pension payable in full or in part by an institution in the United Kingdom.
Paragraph 3: I been signed on Job-centre plus last 3 years prior my became incapacity from 1994 to 1998 and i have done some jobs during my visit to sign every 2 weeks on Job-centre Plus.
Also i have send to them the SARS HM Revenue & Customs with all my employment history from 1994 to2017 tax years also all my 23 years Councill Tax Bill show all my resident house also a Marriage certificate and my Carer wife passport and letetr from Carer Allowance attest she my carer with doctor letter and all proof my Medical record.
So this one its the last refusal from Sept 2017 , but i have previously applied fro the some last year in 2016 and the case worker send me a Refusal Letter for different reasons but even on regulation 5 but this time on paragraph 4 and 5!!!!! also on this regulation 5 there a paragraph 6 that say;
The conditions in paragraphs (2) and (3) as to length of residence and activity as a worker or self-employed person do not apply in relation to a person whose spouse or civil partner is a British citizen.
I am married with UK British woman since 10 years....!!!!!!!!!
So i looking for an advise with regards to my situation i m very worried and Brexit are nearly
Also i appreciate if someone could say me if i will apply different ways or i will wait Brexit.
Thank

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