Immigrationboards.com

Hi my visa has been refused even tho everything is approved except for the treaty rights. Refusal says treaty rights not excersied. Even tho sponsor has ILR and treaty right is not needed to be proven in that.

Appeal?

What is your relationship to the sponsor?

If it was an EEA EFM application, under the EEA Regulations, I believe that you would need to prove exercise of treaty rights.

Having Settled Status under Appendix EU of the UK Immigration Rules would be give any advantage for applications made under the EEA Regulations.

For an application made under the EEA Regulations, you would need to meet all the requirements of the EEA Regulations itself, including exercising treaty rights (before 31st December 2020) or holding PR under those Regulations (not Settled Status).

Yes. Reapply with the requested evidence.

Hi yes I'm going for the appeal but idk which documents should i sumbit. I've got sponsors tax returns of last 4 years aswell as p&l accounts aswell as sponsor is a active director of a company hence self employed

What is your relationship to the person you were applying to come and join you?

Shes my sister. Shes a French resident living here in the uk since last 10 years and holding SETTLED STATUS UNDER EU APPENDIX. Caseworker accepted everything we provided such as dependency and relationship and rejected over treaty rights. Even tho i read on the uk gov site it states clearly someone with permanent residence is not required to mention treaty rights for the extended members.

I APPLIED FOR RESIDENCE CARD

I read regulation 8 of the EEAEFM it states very clearly the sponsor needs to be a qualified person or someone with permanent residence. Check the regulation 8 on the gov.uk site. Thanks

Unfortunately, settled status under Appendix EU is different from a right of Permanent residence under the EEA Regulations.

Should i just provide them the latest payslips in the refusal appeal? Since they refused over treaty rights. I wish i could upload the picture here of the refusal but idk how to

You need to prove that your sister (the EU citizen sponsor) was working (or seeking work or studying with private health insurance or was self-sufficient with private health insurance) in the UK at the time of your initial application. Payslips and government issued documentation stating that she was working at the time (such as P60s, etc) can be submitted.

And you need to do so tout suite as the EFM route is now closed to new applicants. You can only proceed on the basis of the older application that was filed before 31st December 2020.

What's the difference between both of them? I thought both are the same since she's living here since 10 years and had settled status

Hamza547 wrote: ↑

Wed Mar 17, 2021 9:18 pm

What's the difference between both of them? I thought both are the same since she's living here since 10 years and had settled status

Two different sets of laws and regulations, each with their own independent and different set of requirements to achieve permanent residence/Settled Status.

To acquire Permanent Residence under the EEA Regulations, one needed to have been a qualified person by exercising treaty rights in the UK for five continuous years or been the family member (defined as spouse, child or dependent parent) of such a person resident in the UK for five continuous years, before 31st December 2020. The EEA EFM application was under this set of regulations, which ceased to apply on 31st December 2020, when the UK left the EU's transition period. That is why no EFM applications can be made after that date.

To be granted Settled Status under Appendix EU, one needed to have been an EEA citizen or their family member (defined as above) and have resided in the UK for at least five years in that capacity. There was no requirement to have exercised treaty rights in this category. It is practically impossible to sponsor family members not listed above as a person with Settled Status. That is to say that there is no Extended Family Member category under these set of Rules.

Hi everyone. Eea refused over treaty rights. Sponsor is self employed and employed too. Should i provide company documents from 2016 till 2019 and add payslips from last 6 months in the appeal? Thanks

It may be that as treaty rights was not exercised they refused on that basis.

Did your sister previously had an EEA family permit.

Obie wrote: ↑

Fri Mar 26, 2021 10:29 pm

Did your sister previously had an EEA family permit.

Hamza547 wrote: ↑

Tue Mar 16, 2021 10:14 am

Shes my sister. Shes a French resident living here in the uk since last 10 years

As the sister is a French national, she would not have had a family permit herself.

Why cant the sister apply for pre-settlement in her own right.

They can only ask for those documents if she is applying for a Registration certificate.

Recently she was self employed and had been working with amazon and was selling products there. We've got amazon's invoices of the products sold and the bank statement aswell to back it back. Would that be enough to prove treaty rights? As she's self employed

On an average £4500 worth of products have been sold on there

Please kindly reply as its important to know if i should add this in the appeal

It may be difficult to prove that an EEA National was a qualified person without including all available evidence. Whether the evidence suffices, is a question for the appeal to decide.

I saw the definition of a qualified person. Someone who's either employed, self-employed a student or even a job seeker. I read no minimum amount to meet to be a qualified person

Hamza547 wrote: ↑

Sat Mar 27, 2021 7:29 am

I saw the definition of a qualified person. Someone who's either employed, self-employed a student or even a job seeker. I read no minimum amount to meet to be a qualified person

Being a student or a self-sufficient person requires private health insurance in addition to count.

An income of less than the threshold to trigger National Insurance (tax)-about £150 per week - may be looked at askance by the Home Office.

Oh thanks simon. The company my sister owns was made in 2016 and is in profit. There are three employees working in that company and for the last 6 months time we've got amazon's invoices too regarding working as a self employed person selling on amazon too. The dependency is already proven. My sister paid my university fee of £11000 asweel as weekly expenses on an average £190 were also paid by her. Added bank statement for all the transaction as a proof of it from year 2018 till 2020