EEA PR refusal urgent help needed

[naim]

Hi everyone.


Our case is very simple yet very scary to us.
We have had bombed dropped on us this morning by the Home Office.Me and my partner have been together for over ten years and have two beautiful girls Age 6 and 5.
I have applied for permanent resident card as an EEA family member.
We have provided all the relevance paper work..Home office have sent us a letter today stating that the application has been refused due to not enough proof of my partners exercising her treaty rights and has given us the right to appeal within 14 days.!Now 6 years ago when we applied we had our first child and had absolutely no idea of treaty exercising and we never thought that it would affect us now.We were too busy with a crying baby!We dont have anyone and after the first baby she felt pregnant again so there was no possible way that someone was going to employe her while having to breast feed two babys!We have tried everything but it was very hard.However my partner has been actively seeking work and studying accounts at college for the past 4 years.At the end of this year she will be a qualified accountant.And as soon as our youngest started going to school she started working within weeks.
What broke our hearts was where home office mentioned that i should go back to where i came from voluntarily..
My children are my world to me and to even think that someone setting behind a disk could tell me to leave without considering what will happens extremely saddens me.
Any help would be greatly appreciated.
Btw when i got my first EEA permit i had an ongoing asylum case that closed due to EEA decision made. i have been living in uk for about 12 years now

Thanks for all your time.

[Obie]

It all depends on the case.

It may be the case that she retained her worker status when she took time of Work to look after your babies, provided of course she was working before the birth.

In cases like your, context is really material on whether you succeed or not.

[naim]

Thanks for your reply

she had a job from the minute she arrived to this country (2006).She went on maternity leave March 2009 but couldn't go back to her job(manager at subway) as the owner filled for bankruptcy and there business
shut down!In October 2010 we had our second chilled!Around 2011 she started JSA and was looking actively for jobs but did not succeed due to having many issues such as Two young kids with no one to look after and she was studying accounts(She will be qualified accountant this year.During 2011 and 2014 she was going to collage twice a week and looking after kids while i was always working.She finally found a job in beginning of last year and as both kids are now at school she can work freely...
With all honesty we were to busy with the kids and never thought that when we apply for my PR all this would come up..
I have contacted some lawyers ,they are giving me two options to choose from
1st Appeal that would cost me £1500 plus vat
2nd Apply for another 5 years £1500 plus vat or both for £2500 plus vat.

looking at my kids this morning made me feel sorry for the poor things..

[Obie]

Well the decision seem wrong as she is classified as a worker during the period when she was looking after the first child. It appears to me, that she may have possibly secured the Right of Permanent Residence in 2011, before the birth of the second child.

[naim]

Im not sure how can she secure her PR but if she has secured the Right of Permanent Residence in 2011 what would that bring into my case as her being my sponsor?

[Obie]

If you wife has acquired the right of PR, then you will be able to secure it also

[naim]

We are couples but not married officially as back in 2008 we have applied to be married before our first chilled was born but was refused!Reason for marriage refusal was that we did not provide an affidavits signed by solicitors!We were never sent an affidavits letter by home office and was not given the right to appeal!Im in talks to couple of lawyers but they told me they will call tomorrow.
Really dont know where to go from here..

[naim]

okay so after digging deep we have found the followings!
she has started work in this country in January 2006 all the way until March 2009 due to the first born,witch gives us 3 years and 9 months.After the maternity she wanted to go back but couldn't for two reasons.
1: The company was preparing to close down
2nd: wouldn't take her due to having second baby.
Would that help our case?
regards