Page 1 of 1

Application been refused - Appeal or Apply again

Posted: Thu Jul 07, 2016 5:57 pm
by AlexMi
Hi guys,

I'm an EU national and been living in UK for over 5 years. I've been in a permanent employment since the first week of arrival, however in the last 2 years switched to contracting under own ltd.

My application for a permanent residence certificate was refused based on the lack of evidence of employment. I've supplied at least 3 documents for each qualifying year, however only 2 documents directly associated to employment (P60 and employers letter). The other documents (bank account copies for each half year in UK with a highlighted line of salary, council tax\electricity\water\broadband bills, proof of Mortgage/home ownership and repayments, WRS document, etc.) were stated to NOT be a proving for the treaty rights as a worker for the requisite period (doh...I should have prepared a bit better and done more reading into it).

As far as I understand I only have 2 options:
  • Appeal (document based appeal fees of £80/oral hearing of £140)
  • Submit a new application (a fee of £65)

- Are these my only options?
- What would be the better option and why? (I'm not in a hurry, however it is always better to sort things earlier than later).
- Am I right in presuming that submitting a new application whilst having a refusal on the back would not have any negative effect?

Your advises highly appreciated.

Re: Application been refused - Appeal or Apply again

Posted: Thu Jul 07, 2016 7:12 pm
by noajthan
AlexMi wrote:Hi guys,

...

As far as I understand I only have 2 options:
  • Appeal (document based appeal fees of £80/oral hearing of £140)
  • Submit a new application (a fee of £65)

- Are these my only options?
- What would be the better option and why? (I'm not in a hurry, however it is always better to sort things earlier than later).
- Am I right in presuming that submitting a new application whilst having a refusal on the back would not have any negative effect?

Your advises highly appreciated.
You may as well reapply as appeals take a loooooooonnnnnnggggg time and anyway you don't appear to have any grounds for appeal..

Get up to speed and also into the head of the caseworker assessing and weighing up your case, here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

As per my understanding, there is no negative impact from a refusal. And a DCPR is only a confirmatory document its not a 'visa'; it merely confirms your status it doesn't confer it nor grant any rights.

Re: Application been refused - Appeal or Apply again

Posted: Mon Jul 11, 2016 10:08 am
by AlexMi
Thank you for reply!

Re: Application been refused - Appeal or Apply again

Posted: Mon Jul 11, 2016 10:58 am
by akz
AlexMi wrote:Thank you for reply!
Reapply is the quickest and cheaper option than appeal, but make sure you provide all possible evidence and proof.

regards
akz