EEA4 permanent residence refused urgent help

[Hwha11]

Hi
I am silent member of this forum ,I am in situation now where I need guidance from u guys
Applied for permanent residence with EEA national I am non EEA national
EEA national granted PR I been refused and reason was I did not completed my 5 years as family member . we are married for more than 6 years and EEA national practicing treaty rights before our marriage till now without any break .heres detail of my case
June 2012 Marriage
March 2014 got 5 year residence permit
Feb 2018 applied for PR for both
may 2018 mine PR was rejected EEA national granted PR ( PR approval date march 2017)
The reason of Refusal was I did not complete my 5 years as family member which will be in march next year
But as per law my 5 year time starts as soon as I become family member not from visa date
Am I right ?
I already launched appeal for it and waiting my appeal date
Now my wife got back her child through court from her ex and she wanted to leave job and to claim all the benefits and I don't know what will happen with my case if she leave the job .
Please guide me what should I do if she leave the job or work part time

[Cam123]

Did you break your residency by spending more than 6 months outside the UK?
If your residency is continuous then you will be alright and will be successful in court, and also as your spouse has PR so it will not make any trouble to your PR application if she stops working...

[Hwha11]

Thanks for quick reply , no I never was outside uk more than total of 3 months in 4 trips in 4 years . My wife went in council today and council member tell her she can't claim benefits because of my incomes so she can claim only if she is living alone as single mum .
I don't know what to do if she left home what will be its impact on my case
I need advice from guru's of his forum also plz guys ...

[Hwha11]

I need advice from guru's of his forum also plz guys ...

[Hwha11]

Plz guru's I need help my wife want to leave home with her kid for claiming benefits .. will it impact on my appeal in future ? Also what documents will I need from her ?
Plz advice
Thanks

[Hwha11]

Please guru's I need ur special advice for my case ,I am really confused and tense now .
Plz guys help me out in this situation !!

[Richard W]

I don't know what to do if she left home what will be its impact on my case

In law, there should be no ill effect. You are arguing that you have already acquired PR; if, as it seems, your argument is correct, then your rights under EEA law no longer depend on your wife. Now, your position under the withdrawal agreement does seem to depend on your wife: according to the statement of intent, it does not depend on her.

[Hwha11]

Thanks for reply Richard sir , my English isn't so good can u please tell me what's meaning of ur saying " Now, your position under the withdrawal agreement does seem to depend on your wife: according to the statement of intent, it does not depend on her. "

And also is it correct her activities like claiming benefits or leaving job etc irrelevant after she acquired her PR .
One more thing please if they do not grant me PR then what will be my status as my wife will not be in job after her PR .
Thanks in advance

[Richard W]

Thanks for reply Richard sir , my English isn't so good can u please tell me what's meaning of ur saying " Now, your position under the withdrawal agreement does seem to depend on your wife: according to the statement of intent, it does not depend on her. "

As far as I can make out from the draft withdrawal agreement, your right to be treated under the free movement directive (2004/EC/38) after the UK leaves the EU depends on your still being a family member of your wife. However, the Home Office has announced the rules it intends to use, and under these it will be enough to have been her family member for five years.

And also is it correct her activities like claiming benefits or leaving job etc irrelevant after she acquired her PR.

Yes, that is correct.

One more thing please if they do not grant me PR then what will be my status as my wife will not be in job after her PR.

If they do not acknowledge that you have PR, then while you both live in the UK and are not divorced, you will be the family member of an EU citizen with permanent residence; you will retain the right to reside and work in the UK. In 2019 you will be able to and, in practice, need to apply for settled status under the rules of the "statement of intent". She will also need to apply for settled status, though she can wait longer. The child will also need to apply for settled status.

[Cam123]

Hi Hwha11,

If I give you my honest opinion that you should reapply by writing a detailed cover letter explaining your circumstances and tell them your time started towards PR when you got married and point out Home Office mistake, add the refusal letter with your cover letter and also provide all the evidences of your residence in uk as well as your spouse documents and PR card.

Don’t ask for reconsideration, Just Reapply
Believe me it would be much quicker...

[Hwha11]

Much appreciated sir , in somple words I shouldn't worry if she claiming all benefits and work part time , start living separate .I will get PR anyway if I will be family member of her till 2019 if HO do not acknowledge my PR from last year which they should .
In last what u think which document should I prepare for court ,Her all pay slips p60s or her PR in court to prOve I was eligible for PR since last year
Thanks

[Richard W]

In last what u think which document should I prepare for court ,Her all pay slips p60s or her PR in court to prOve I was eligible for PR since last year

I am no expert on how the court works. Her PR plus the letter saying when she acquired PR should be very useful and her P60s stop the HO claiming her DCPR was issued in error. You will also need evidence that you were resident for a period of 5 years between the marriage and the date of application. Is your marriage certificate a British marriage certificate? Has it already been submitted in evidence?

[Hwha11]

Thanks for reply , yeah my marriage took place in uk and certificate was sent with the application but case worker made a mistake and thought I have to completed 5 years from visa .my wife is exercising treaty rights from start of 2012 till now without any break so I should be eligible for PR since last year same as my wife .

[Hwha11]

Hi Cam123
I was thinking for reapplying but as I told my wife want separation and to claim benefits she already looking for part time job .what will it's impact if we separated and she's on benefits and I am applying for my PR !!i am really confused what to do wait for appeal or what all happened so suddenly and how she changed I never thought .

[silverman123]

@Hwha11
Did you hear anything about your case?
I have similar situation here.

Please update if you have any news

[Hwha11]

Hi Silverman
I am still waiting of my hearing date !!
What about ur case plz ?

[Freezer]

Hi,
Any good news?

[Hwha11]

Hi guys , all gurus here are doing marvellous job
Sorry for late reply got my PR just few days before court hearing and letter states I had acquired PR status from June 2012 when I got married however I got visa in march 2014
Now I need guidence from u guys about this :
I came as student in 2010
Married June 2012
Student visa was expiring august 2012
RC was applied June 2012
I was in legal status when I got married and apply RC via solicitor got acknowledged letter after few weeks and then nothing ... till December 2012
I asked my solicitor why still no decision he said it can up to 1 year for decision these days .
In march or April 2012 I contacted other solicitor ,so my other solicitor contacted home office about my case and HO replied that my case was refused because HO asked my previous solicitor to sent more bank statement and when HO didn't get statements they refused and sent back all documents with my and my wife passports
Sorry it's long story in short I did complain of previous solicitor to Law society .we never got our passports back with documents from previous solicitor complaint to law society ended up with that they did not get enough proves against solicitor because to us solicitor was saying ur case still in HO and to law society he said he returned us all documents .anyway I did apply again with wife EU I'd card and without my passport and we both attended four hours HO interview in Liverpool then got visa in march 2014 . My question is was I overstayed before I got RC in 2014 even though I married and applied RC in my legal status in 2012 ?
Can I apply now citizenship or i need to complete 10 years legal process of good character ?
Please gurus need help like u guided me before
Sorry for long story .

Thanks

[CR001]

My question is was I overstayed before I got RC in 2014 even though I married and applied RC in my legal status in 2012 ?

No.

Can I apply now citizenship or i need to complete 10 years legal process of good character ?

If you meet the requirements you can apply. You should ask your British citizenship questions in the British citizenship sub forum please.

british-citizenship/

[Hwha11]

Thanks u sir CR001 , it means after marriage with EU citizen before expiring my visa I was in legal status and didn't break immigration law and it's not make issue that I got RC after 2 years of my marriage ?
Please guide
Sorry again but need ur help