baream2009 wrote:We used the EEA4 for my husband who is a non eu national. I did send details about my course and previous work experience along with a cover letter explaining that I am seeking to rely on retained worker status according Art 7(3) and the Sylvie Lair judgement. The HO reason for refusal was that I had no CSI during my studies.
Does that mean that they I have not retained worker status during the period of my studies in their opnion because this is not what the letter says? My question is whether it is worth appealing this refusal or whether we should just apply for a 5 year visa using the EEA2?
I have tried to look for answers but I am still unsure about what action would be appropriate now.
Many Thanks
The Lair case (sic) seems to be about the right under Article 7(3) to "
access to training in vocational training schools and retraining centres" under the same conditions as national workers.
However your case seems to be about 2 categories of
qualified person, (as defined by EU regulations), and not a 'EU law versus national law' type of question per se.
You evidently did not persuade HO, (perhaps you failed a "temporarily" test), or they did not understand the case you attempted to make, which was, presumably, under 6(2) of the Immigration Regulations.
Someone who has temporarily stopped working can still be considered a worker under regulation 6(2) of the regulations if they can provide proof that they:
- voluntarily stopped working to start vocational training related to their previous employment
If the reason given was due to "lack of CSI", the caseworker has evidently considered you in the
student category of
qualified person (during that period of legal studies).
You may have just received a boilerplate letter with a stock paragraph about CSI.
Concerning CSI, it's a long shot but there was a transitional arrangement (dating from 2011) when the longstanding requirement for students to hold CSI began to be enforced.
This transitional arrangement means if someone was granted a RC in/before 2011 (on the basis of
exercising treaty rights as a student) then they are exempted from having to demonstrate holding CSI as a student (from that time onwards).
Did you hold such a RC (
on the basis of being a student) at the time?
