EEA (PR) REFUSED then ILR (LR) REFUSED now APPEAL IN PROCESS

[Archer1]

Hi there,
I Applied for Set LR in April no acknowledgment letter received but they (HO) sent me biometrics enrolment letter in May and I have done them and waiting for decision now.
Regards,
__A

[hrak1978]

Dear Senior Obie and Experts,

Can you please advise if any link is available regarding Right to work derived from EU law directly?

Many thanks in advance.

[hrak1978]

Dear Seniors,

Can anyone help me I have a hearing with my employer on Monday regarding the termination. I am gathering all the evidences.

Can anyone plz advise regarding any link?

Many thanks.

[Obie]

Dear Senior Obie and Experts,

Can you please advise if any link is available regarding Right to work derived from EU law directly?

Many thanks in advance.

Your question is difficult to make sense of.

All i can show is the employer's guide to right to work.

https://www.gov.uk/government/uploads/s ... checks.pdf

[hrak1978]

So long as they are going in the wrong direction, there will be no remedy and home office will take advantage of their ignorance.

There is no section 3C rights. Section 3C applies to people who had leave. You did not have leave as you were residing under European law.

Mentioning section 3C to home office is a clear indication that the person mentioning it don't know what they are doing and appears to have led to this situation.

You right to work derives from EU law and the UK policies to give effect to it and clearly not from section 3C.

It is a shame that those representing you, did not appreciate that.

Dear Obie,
Many thanks for the link.


Dear Obie,
According to the second last paragraph which you mentioned can you give any reference that is what I was asking my apologies I couldn't explain my question in rightly manner.

Hope to hear from you soon.

[Obie]

You could look at my thread below, and you may understand.

Unfortunately I did inform you that so long as you and thosee representing you keep asking for the wrong thing you will fail.
I told you that the problem is not with ILR but your residence card appeal. I told you even if you provide the postal reference of the ILR application, it will change nothing. You came back and said I was wrong and the matter will be resolved by the following week.

This is a matter that would have been resolved easily, if you and thosee representing you had asked for the right thing. But unfortunately you did not and the ECS checking will continue to come out negative, as UKVI has a habit of punishing those who don't know what they are doing.

OK perhaps my thread below is what you are looking for.
The problem is not with you employer. They will have statutory defence, the problem is the way the employer , it is the means by which the entitlement to work was claimed.

eea-route-applications/official-section ... 14238.html

[hrak1978]

Dear Obie,
I understood fully. Many thanks.

More problem for me one important question please advise:
As i mentioned earlier my employer terminated me on 06.07.2017 as the ECS resulted negative. And they have given me appeal right against the termination. I appealed against it in time, the oral appeal hearing was on 27th July 2017 but they postponed it 2nd August. (I got all the documents which I received from the company about termination and appeal).

Now today I received P45, how can they send me P45 while my termination appeal is still pending hearing date is 2nd August 2017?

Can they do that officially? Is it lawful? Please advise.

[hrak1978]

Hello Seniors and Obie sir,

I am sure Obie is aware of my whole case. Since my company terminated me i requested my local MP to contact UKVI. He sent an email to them on 6 july and today got reply.

UKVI is saying as i don't have right to work becaz i applied for ILR LR after my previous eea rc expires which i did but during the appeal. Does that means UKVI is correct? I want to upload that letter here but don't know how to do it.

Please advise?

[vinny]

I didn't apply for 10 year in 2015 due to my sickness but i was self employed and earning well. More than my dad. My eea pr refused as i was earning more in feb 2017 and was given appeal right.

If they refused your PR application, then how can they confirm your right to work?

Did you appeal against the PR refusal?

What is your father's status now and how are you dependent on him?

[hrak1978]

Dear Vinny,

Yes i did appeal in the given time scale (14 days) and i got appeal acknowledgement letter as well plus they sent me a letter to submit the evidences in 20 days. So i made a fresh application on ILR LR.

My father is still self employed active by means of treaty rights no gaps in his treaty rights and also getting his pension as well. At the moment i am not doing anything since they terminated me i am not working at all dependent on my father fully.

[hrak1978]

Dear Vinny,

In the above circumstances do i have the right to work or not? Please advise.

[hrak1978]

Dear Vinny, Obie and seniors
Please shed some experience on this

Much appreciated

Thank you

[Obie]

I didn't apply for 10 year in 2015 due to my sickness but i was self employed and earning well. More than my dad. My eea pr refused as i was earning more in feb 2017 and was given appeal right.

If they refused your PR application, then how can they confirm your right to work?
A
Did you appeal against the PR refusal?

What is your father's status now and how are you dependent on him?

Vinny my understanding is when they refuse based on an alleged inability of a person to meet the regulations, the person maintains their right to work and her issued a COA every 6 months until their appeal is decided. The Home office is seeking to protect itself from damages in the event of the court finding there was indeed an EU law right which has been breached.

Home Office understand this, even though they sometimes delay in issuing a COA, I have never come across a circumstance's where they have refused to issue and confirm a right to work.

It appears that OP''s rep may have messed up somewhere and as with many of the cases we have seen since our time in the forum, the client has paid the price.

[Obie]

Dear Vinny, Obie and seniors
Please shed some experience on this

Much appreciated

Thank you

I like shedding experience where it can make a difference. In this case, I feel like I am knocking my head against a brick wall. Lawyer is confused , Home Office is confused or acting as if they are, soon MP will be confused also.
I can write from January to December, but if people don't apply what I write, it will be meaningless to write.

[hrak1978]

Dear Obie,

You are absolutely correct and I understood all.

I still didn't hear about PAP and UKVI didn't respond to my local MP.

I am stuck sitting at home, raised my termination to employment tribunal as well that process is still on going.

I am speechless honestly. Don't know what to do.

[Obie]

In my experience PAP is responded to 100% of the time, so if one is sent, there would have been a reply within the 14 days stipulated in the civil procedure rule.

I am happy that you have appealed already as there is a strict 3 months deadline, which is not extended easily .

[hrak1978]

Dear Obie,

Its been 24 days now since i am waiting for reply regarding PAP.

And i appealed within 9 days and took them to tribunal.

But i am really worried about my ILR, i checked 20 times the application which my solicitor sent to UKVI he didn't mention section 3c which is good.

But i don't know what will happen.

[hrak1978]

Dear Senior respected member,

Uploaded reply from UKVI to my local MP. My question if any respected senior can shed light on it?

I applied for EEA PR in June after completing 5 years and EEA 2 Resident card expiry was July 2016. But it was refused in Jan 2017 and was given appeal right which I did in time (14 days) and also was given time until 22nd March to submit my evidence to back my appeal.

I made a fresh application of ILR LR on 21st Mar 2017 and had enrolled my Biometric in April 2017 but they stopped my right to work.

I want to mention one thing here I did LIUK and English language test last year in April before I submitted my EEA PR for safe side just in case if anything goes wrong. And I have been in UK from the last more than 12 years legally.

UKVI is correct on this? to stop my Right to work? I am still waiting for the outcome of my application.

6 month clock starts from 21st march 2017 or from 26th april 2017?

Please advise.

[hrak1978]

Hello Seniors,

I received letter from UKVI that my case is complex and they can't achieve the target within 6 months (my 6 months were going to complete on 21 sep) they said we aim to get you decision by 30 nov 2017 and if we can't then they will inform me again.

Seniors i'm aware these days so many applications are pending due to tax amendments but my case was from EEA PR refusal to ILR LR. Are they doing this delay in this category as well?

Please advise? Or should I upload the letter?

[eoo10]

Hello Seniors,

I received letter from UKVI that my case is complex and they can't achieve the target within 6 months (my 6 months were going to complete on 21 sep) they said we aim to get you decision by 30 nov 2017 and if we can't then they will inform me again.

Seniors i'm aware these days so many applications are pending due to tax amendments but my case was from EEA PR refusal to ILR LR. Are they doing this delay in this category as well?

Please advise? Or should I upload the letter?

Hi hrak1978,

Unfortunately UKVI issued the same letter to some of us on the forum and I personal I'm still waiting for decision to be made on my application despite the fact that the date given to me has elapsed. I wish you all the best.

[hrak1978]

Thank you EOO10,

How long have u been waiting for and what is the catagory of your application?

Thanks.

[eoo10]

Thank you EOO10,

How long have u been waiting for and what is the catagory of your application?

Thanks.

Hi,
I made SET LR Application in November 2016.

[hrak1978]

Hi

Thank you for the reply.

U applied in Nov 2016 and when did you receive this letter? And what did they mention? What is ur immigration history if u like to share?

[hrak1978]

Good Evening respected Gurus & Members,

My EEA PR was refused in Jan 2017 then I appealed and applied for ILR LR but that was refused as well a week ago. I had appealed too lets see what will happen.

Refusal reason of ILR LR was the same which they have given in EEA PR. Do we have to make it clear and justify the reason of refusal then I can get my ILR LR?

Please advise...

[CMOSUK]

Good Evening respected Gurus & Members,

My EEA PR was refused in Jan 2017 then I appealed and applied for ILR LR but that was refused as well a week ago. I had appealed too lets see what will happen.

Refusal reason of ILR LR was the same which they have given in EEA PR. Do we have to make it clear and justify the reason of refusal then I can get my ILR LR?

Please advise...

If you could state what the actual reason for refusal was please?