ILR (pr) REFUSED

[alti]

hi i am new to this site , first time post here .
my PR as an eea family member been refused based on some reason the home office stated .
briefly , my eea partner arrived in to uk 2006 worked all through until 2011 then stopped working since . in between we got married in 2010 and i had my 5 years RC, then early 2011 after my partner stopped working we took CSI but we cancelled it shortly after that then we didn't do much as we had our first child in 2012 and carried on with our life in 2013 we received british passport for our kid based on a letter we received from home office my partner as an eea needed to show evidence that been employed for the 5 years to prove he is qualified as permanent resident in uk who exercised treaty right which we did and the passport been issued after the call from home office been approved . but the thing is my partner never applied for a permanent residence in uk and we left it as it is .
may 2016 i applied for PR as self sufficient after taking insurance early feruary to cover ourself as self sufficient , september i had a refusal letter stating that my partner is not exercising treaty right therefore he is not qualified person and other reason as we have claimed child benefit in uk and our documents were not originals , we had the right to appeal or send another application , i went for an appeal , but looks like it will take some times .
will it be good idea to apply for another PR with more evidence showing prove of employment between 2006 to 2011 , or apply for another EE2 and start again as i don't want to risk it again with another PR .
Please advise .
thank you

[noajthan]

Welcome.

ILR is not relevant to you as you are on EU migration route not UK domestic route.

What is your nationality? Are you an EEA national too?

Its hard to make out if you applied for confirmation of PR in your own right - as a self sufficient qualified person? (although you don't seem to have held CSI for 5 years).

Or did you apply as the direct family dependent of a settled person?
Did you include evidence of spouse's activity, 2006-2011?
Why didn't you send original documents? (the guidance is very clear on that).

[secret.simon]

Also, what is the nationality of the EEA partner? Has s/he worked in one job between 2006-11 or have they been multiple jobs?

[Wise]

You have mess the whole thing up.

1, I don't see how you can justify that you are a family member from 2006 to 2011 that you claim that your spouse has worked in the past without proof that you both lived together as a couple. You only got married in 2010 and got your RC in that year meaning your family member clock start from when you got married which is 2010. Because she has stop working from 2011 doesn't favor you but your spouse as he/she has already acquired PR in he/her own right without you and that was why HO requested for the treaty right when you want to apply for British passport for your kid.

Because you have cancel the csi even if he/she choose not to work again is a big mistake to me mate. Anyway just apply for another RC with any form of present treaty right and don't waste much time with the appeal stuff and ask your wife to apply for PR with the proof of employment from 2006 to 2011 and just keep it in the house and mustn't apply for British citizenship until you have secure your PR other wife you will mess it again.

[alti]

Welcome.

HI thank you for your reply
i am non eea , a partner of eea citizen
i applied for a PR as self sufficient based on partner route as a self sufficient eea citizen .
the problem is i didn,t include much prove of employment between 2006 to 2011 ( mistake ) and the original documents where not ready at the time and mentioned on cover letter about the issue .
the application kind of was sent in a rush (for some reason ) .
thanks for ur time

[alti]

Also, what is the nationality of the EEA partner? Has s/he worked in one job between 2006-11 or have they been multiple jobs?

hi thank you for your reply
partner is eea national .
worked between 2006 to 2011 in two different jobs only .
please advise

[alti]

You have mess the whole thing up.

1, I don't see how you can justify that you are a family member from 2006 to 2011 that you claim that your spouse has worked in the past without proof that you both lived together as a couple. You only got married in 2010 and got your RC in that year meaning your family member clock start from when you got married which is 2010. Because she has stop working from 2011 doesn't favor you but your spouse as he/she has already acquired PR in he/her own right without you and that was why HO requested for the treaty right when you want to apply for British passport for your kid.

Because you have cancel the csi even if he/she choose not to work again is a big mistake to me mate. Anyway just apply for another RC with any form of present treaty right and don't waste much time with the appeal stuff and ask your wife to apply for PR with the proof of employment from 2006 to 2011 and just keep it in the house and mustn't apply for British citizenship until you have secure your PR other wife you will mess it again.

hi
thank you for your reply
i can't justify that i been a family member to my eea partner since 2006 as our relation started when we got married in 2010 , but what i meant is that i applied for PR as a family member of an eea citizen who already exercised treaty right back to 2006 until 2011 and me lived for 5 years in uk .
what i understood from you is that , my spouse the eea national who should have applied for PR and not me , if i am right , as an advise can my sponsor apply for PR at the present time as qualified person judging by the time worked between 2006 /2011 and our kid granted british passport based on an eea citizen who acquired permanent residence during the first 5 years .
or should i just apply for another RC myself ?

[Wise]

Hi,

According to Noajthan! last paragraph below.

Or did you apply as the direct family dependent of a settled person?
Did you include evidence of spouse's activity, 2006-2011?
Why didn't you send original documents? (the guidance is very clear on that)

100% your spouse can apply for the PR now with those documents from 2006 to 2011 spot on.

Because you apply on your own and beside the documents you submitted was some how not complete according to your post will make any caseworker to refuse such application as you only become family member in 2010 through marriage and that only cover a year in your spouse treaty right depending on which month in 2010 you actually married.

I will be shock for HO to issue such PR for non eu member for his/her spouse not exercising treaty right for such a long time for an application make by individual, but if it were to be from a legal firm, obviously there will a line in law that will back such application then HO may have to decide base on law.

In my own opinion, you may re apply and use old form there was a section that ask if your spouse has had PR and if your answer is yes with good documents your luck may shine otherwise you can just apply for new RC.

HO interpretation of so call eu law is laughable some time to me especially when it comes to non eu applying for anything.

[noajthan]

If you apply in own right then provide evidence of your id, activity and residence.

If you apply as family dependent of settled person then prove both identities, your relationship, both party's residence in UK plus sponsor's settled status.
Always assuming any absences were kept within limits (both parties).

[alti]

If you apply in own right then provide evidence of your id, activity and residence.

If you apply as family dependent of settled person then prove both identities, your relationship, both party's residence in UK plus sponsor's settled status.
Always assuming any absences were kept within limits (both parties).

hi thanks again for a reply
i would apply as a dependent of a family member who's settled in uk , but what kind of documents would we provide to back the application .
in other way , can my partner apply for PR and me for another RC in same time .
because i don't want to risk it again and get a refusal as home office getting tougher these days can my partner apply for QP and me for another RC in same time just to be more on sure ground and start all over again , knowing that our appeal for a PR is already sent early october .
thanks for reading appreciate any help .
regards

[noajthan]

If you apply in own right then provide evidence of your id, activity and residence.

If you apply as family dependent of settled person then prove both identities, your relationship, both party's residence in UK plus sponsor's settled status.
Always assuming any absences were kept within limits (both parties).

hi thanks again for a reply
i would apply as a dependent of a family member who's settled in uk , but what kind of documents would we provide to back the application .
in other way , can my partner apply for PR and me for another RC in same time .
because i don't want to risk it again and get a refusal as home office getting tougher these days can my partner apply for QP and me for another RC in same time just to be more on sure ground and start all over again , knowing that our appeal for a PR is already sent early october .
thanks for reading appreciate any help .
regards

Sponsor could do themselves a favour and apply for confirmation of PR.
It may prove useful to be able to confirm their status with all this wild talk of Brexit.
So no need for EEA(QP) just shoot for DCPR.

Follow comprehensive guidance for documents required.

Whether you apply together or separately is up to you.

[alti]

If you apply in own right then provide evidence of your id, activity and residence.

If you apply as family dependent of settled person then prove both identities, your relationship, both party's residence in UK plus sponsor's settled status.
Always assuming any absences were kept within limits (both parties).

hi thanks again for a reply
i would apply as a dependent of a family member who's settled in uk , but what kind of documents would we provide to back the application .
in other way , can my partner apply for PR and me for another RC in same time .
because i don't want to risk it again and get a refusal as home office getting tougher these days can my partner apply for QP and me for another RC in same time just to be more on sure ground and start all over again , knowing that our appeal for a PR is already sent early october .
thanks for reading appreciate any help .
regards

Sponsor could do themselves a favour and apply for confirmation of PR.
It may prove useful to be able to confirm their status with all this wild talk of Brexit.
So no need for EEA(QP) just shoot for DCPR.

Follow comprehensive guidance for documents required.

Whether you apply together or separately is up to you.

apply both same for PR is that what you mean? and there is no need for QP, or sponsor apply for PR and me for RC , would they take the first refusal decision in consideration and back it up despite a fresh application , or considered as fresh case i know it hard to guess just trying to gain time and avoid another refusal for PR .
thank you for ur advise .

[noajthan]

apply both same for PR is that what you mean? and there is no need for QP, or sponsor apply for PR and me for RC , would they take the first refusal decision in consideration and back it up despite a fresh application , or considered as fresh case i know it hard to guess just trying to gain time and avoid another refusal for PR .
thank you for ur advise .

From what you've said, sponsor appears to have acquired PR 'back in the day' and would be advised to confirm it (DCPR).
Sponsor has no need to exercise treaty rights any more (as they are settled).

If you have resided in UK for 5 years as spouse of your already settled sponsor then you should have acquired PR too.
That's what you should be applying for or, if you've lodged application and been refused, that's the basis on which you could appeal.
Count from date of wedding as sponsor was a qualified person at that time (2010) and (probably) acquired PR sometime during 2011 (after 5 continuous years of work etc).
As long as neither of you have enjoyed prolonged absences from UK it looks like you should have acquired PR on 5th anniversary in 2015.

Whether you manage that as a joint application or 2 single applications (or 1 application and an appeal) is up to you.

[alti]

apply both same for PR is that what you mean? and there is no need for QP, or sponsor apply for PR and me for RC , would they take the first refusal decision in consideration and back it up despite a fresh application , or considered as fresh case i know it hard to guess just trying to gain time and avoid another refusal for PR .
thank you for ur advise .

From what you've said, sponsor appears to have acquired PR 'back in the day' and would be advised to confirm it (DCPR).
Sponsor has no need to exercise treaty rights any more (as they are settled).

If you have resided in UK for 5 years as spouse of your already settled sponsor then you should have acquired PR too.
That's what you should be applying for or, if you've lodged application and been refused, that's the basis on which you could appeal.
Count from date of wedding as sponsor was a qualified person at that time (2010) and (probably) acquired PR sometime during 2011 (after 5 continuous years of work etc).
As long as neither of you have enjoyed prolonged absences from UK it looks like you should have acquired PR on 5th anniversary in 2015.

Whether you manage that as a joint application or 2 single applications (or 1 application and an appeal) is up to you.

hi again
that makes a sense , as i mentioned , sponsor worked between 2006 to 2011 and after that took CSI for both of us but cancelled shortly after after i received my 5 years RC, so i believe my sponsor gained PR back in 2011.
yes i did lodge single application and been refused in october they didn't take in consideration the first 5 years of my sponsor worked here , as i applied by myself only .they counted from 2011 to 2016 .
none of us been away for long absence .
any advise on what best to do , 2 joint application for PR or 2 single applications, or single application (which been refused already and appealed against )

[noajthan]

hi again
that makes a sense , as i mentioned , sponsor worked between 2006 to 2011 and after that took CSI for both of us but cancelled shortly after after i received my 5 years RC, so i believe my sponsor gained PR back in 2011.
yes i did lodge single application and been refused in october they didn't take in consideration the first 5 years of my sponsor worked here , as i applied by myself only .they counted from 2011 to 2016 .
none of us been away for long absence .
any advise on what best to do , 2 joint application for PR or 2 single applications, or single application (which been refused already and appealed against )

I have no real view on that.
It probably depends how clearly you can express the applications. Whether its clearer in 2 separate or 1 joint.

You also need to think how you bundle up all the evidence too.
Whether its more straightforward if separated or kept together (bearing in mind some evidence will be needed for both applications).

[alti]

hi again
that makes a sense , as i mentioned , sponsor worked between 2006 to 2011 and after that took CSI for both of us but cancelled shortly after after i received my 5 years RC, so i believe my sponsor gained PR back in 2011.
yes i did lodge single application and been refused in october they didn't take in consideration the first 5 years of my sponsor worked here , as i applied by myself only .they counted from 2011 to 2016 .
none of us been away for long absence .
any advise on what best to do , 2 joint application for PR or 2 single applications, or single application (which been refused already and appealed against )

I have no real view on that.
It probably depends how clearly you can express the applications. Whether its clearer in 2 separate or 1 joint.

You also need to think how you bundle up all the evidence too.
Whether its more straightforward if separated or kept together (bearing in mind some evidence will be needed for both applications).

hi
thanks for your help i really appreciate you view , will gather every evidence possible and send another application and hope something comes out of it , or something from the appeal already sent .
kind regards