Passport application Children born after gained PR

[Soda-Mona]

Hi everyone, I need some advice.

• 05/2003- (3 months) Entered the UK from Sweden as an EEA citizen-

• 15/09/2003 – 01/09/2006 (2 years, 11 months, 18 days) Student at University
Exercising treaty rights as a Student, please refer to following letters for evidence:
1. Student loan letter
2. CSI letter
3. Award letters from university

• 01/09/2006 – 03/03/2008 (1 year, 6 months, 3 days) - Employment-Exercising treaty rights as an employee, please refer to following letters for evidence:
1. Letter from employer dated 01/09/2010
2. Employment History from HMRC dated 23/03/2012

• 04/02/2008 – 05/02/2010 - (2 years, 0 months, 2 days)
Student at University
Exercising treaty rights as a Student, please refer to following letters for evidence:
1. Student loan provider
2. CSI
3. Award letters from university

• 09/2008 - deemed to have completed 5 years residence exercising treaty rights

• 01/2009 - first child born

• 19/03/2010 – 09/2010 (6 months)
Employment - Exercising treaty rights as an employee, please refer to following letters for evidence:
1. Letter from Employer dated 01/09/2010
2. Employment History from HMRC dated 23/03/2012

• 03/09/2010 - Submitted EEA3 application for permanent residence

• 09/2010 – 11/2010 (1 month, 27 days)
Maternity leave
In the Court of Justice of the European Union (CJEU) case of Jessy Saint–Prix vs Secretary of State for Work and Pensions C-507/12, the ECJ clarified that an EEA national who becomes temporarily unable to work in the late stages of pregnancy, can retain their worker status and their right of residence in the UK. This only applies to workers and is provided only if the EEA national returns to work or finds another job within a reasonable period (the Upper Tribunal says up to 52 weeks). Seeking work in this context is seeking work as a retained worker, rather than a jobseeker.

• 11/2010 - second child born

• 02/2011 - Granted permanent residence on appeal

• 08/2012 - Granted British Citizenship

Explanation:
I entered the Uk in 05/2003 exercising treaty rights from the start. I had 2 children in 2009 and 2010. I was exercising treaty rights throughout that time. I applied for PR in 09/2010 relying on from the date I entered the UK. I was refused initially but successfully appealed and was granted PR in 03/2011. I naturalised as a BC in 05/2012.

Now my problem is that in June this year I have applied for British passport for my children as they were born after I was deemed to have completed the 5 year (09/2008) and now the HMPO is causing an unnecessary delay in my children’s application by asking for evidence several times.
First they asked me to confirm my European identity ie that I was Swedish before I entered the UK. I sent them my old passport to confirm this.

Secondly they said I needed an original evidence I had CSI during my studies. I sent them a letter I had ask the insurance company to comply for that purpose as it was more than 11 years ago.

Third time they asked for the judges decision to reject the HO decision to refuse my PR application in 2011. I had to contact the tribunal to retrieve the decision from their archives which took 6 weeks because the decision was more than 6 years ago.
By now I had enough of their delays and asked what was going on and got the answer that the manager at decision making team is not satisfied that I was exercising treaty rights between 09/2006 - 02/2008 during a period I was working, because I was not earning sufficient to support myself and in order to exercise treaty rights I should have had CSI. But I was at that time living with my mother and had no rent and no dependants to care for and besides there’s no requirement as I was working full time and earning 700-900/month. I really got upset with the caseworker and decided to do some research and found the following cases in support:
Levin v Staatssecretaris (53/81) –a part-time employee should be considered as worker, provided the work is ‘real’ or genuine work of an economic nature and not nominal or minimal
Kempf v Staatssecretaris Van Justitie (139/85) - a part-time music teacher (from Germany), even though in receipt of supplementary benefit (in the Netherlands) to bring his wage up to minimum levels came within the term of worker
Steymann v Staatssecretaris Van Justite (196/87) – a member of a religious community provided with his ‘keep’ and pocket money, but not formal wages, was held to be a worker
Barry v Southwark London Borough Council (2009) - Mr Barry's employment as a steward was genuine and effective work; it was of economic value as he was paid for it, it was not ancillary to any other relationship between him and his employer, and it was not marginal because it was a role for which his employer was prepared to pay.

I sent this to them and I got a response back that my children’s application has now been sent to the Policy Team (whoever they are?) and the caseworker is waiting for them to come to a decision. That was 1 month ago. On Friday past I got an email from a different caseworker that the policy team saying that I need to go back to UKVI and obtain from them the actual date that they deem me to have been granted permanent residence in the UK.
I’m now at wits end with the HMPO and their witch-hunting? I don’t understand why they are doing this and what is going on. Essentially it seems like they are wishing to go against the judges decision to have granted me PR on a technical mistake made by the HO or something more sinister is going on? Either way is there someone out there who has gone through something similar? Please tell me it worked out wel in the end or what can I expect, negative outcome? Sorry for the long one, but it has been a long exhausting journey for me too.

[Soda-Mona]

Anybody who has any experience or knowledge please advice?