Refused RC application- British spouse no payslip submitted

[driftkid]

Hi everyone, I hope someone can clarify me about the regulation 15 ofthe EEA Regulation 2016.

My wife applied for the Permanent Residence Card under the Surinder Singh Route, and after 4 months we received an answer from the Home Office. They are saying that the reason for refusal is that we didn’t submit any evidence that I am exercising treaty right here in UK for a continuous period of 5 years! Here what was the reason for refusal…

“However in order for your British citizen sponsor to be treated as an EEA national for the purposes of the 2016 Regulations, they must demonstrate that they have been (i) a worker, (ii) a self employed person, (iii) a self-sufficient person, (iv) a student, or (v) a jobseeker (or a combination of these) on their return to the UK for a continous period of five years.

Your application form does not state how your British spouse has been exercising his treaty rights in the United Kingdom for the last five years. Additionally you have not submitted any documentation to confirm how your spouse has been exercising his treaty rights int he UK for the last five years.

There is therefore currently insufficient evidence to confirm that you meet the requirement of Regulation 15 of the EEA Regulations(2016) and as such your application has been refused.”

My wife is a Filipina, and I am British citizen. I worked in Italy for 7 years prior coming to UK. We submitted the same documents we submitted with the first Residence Permit, plus council tax bills and tenancy agreements here in UK covering the past 5 years. I thought that was sufficient already?

I don’t mind re applying again and send my payslips this time, but I just want to ask if the decision was right?

What if I (British Citizen) didn’t worked nor apply for jobseeker continuously for five years? My wife cannot have permanent residency? My children are British by the way, if that helps.

[Casa]

The decision was correct. You as your wife's sponsor must submit evidence that you have been exercising your Treaty rights throughout the 5 year qualifying period. If you weren't employed during this time you would need to show that you were holding CSI for yourself and your wife. There is no concession for having British children.

[driftkid]

Thanks Casa, What is CSI? My sister is having this situation which she is the British but only worked for 8 months in 5 years due to she need to look after her daughter, and the husband who is applying for PRC is the one who is working full time for the past 5 years, same applying under Surinder route. My sister didn’t apply for jobseeker, neither a student. Is there anyway to show her exercised treat rights? My brother- inlaw already applied already and he submitted all of his payslip, will that be enough?

[Casa]

It's irrelevant whether the non-EEA family member is employed and so your brother-in-law's payslips will be disregarded. Exercising Treaty rights can only be met by the sponsor as mentioned in my previous post.

Self-sufficiency (unemployed) requires both the sponsor and the non-EEA family member to hold Comprehensive Sickness Insurance (CSI) throughout the whole 5 year qualifying period.

From the information posted, your sister won't be able to prove she has been exercising her Treaty Rights, because it appears that she hasn't.

[driftkid]

So if his application will be refused due to cannot provide CSI? Can he apply for EEA2 again instead of the PRC? Atleast he can stay maybe until the Brexit?

[driftkid]

Hi everyone, is it possible to apply for another EEA2 (5 years) again after the first EEA2 is almost expired, instead of PRC?

It’s for brother in law, as I am looking for solutions due to his application for PRC will be likely refused due to my sister, his wife who is British, cannot show any evidence of exercising her treaty rights here in UK, under SS route.

How about ILR? Any suggestions please, I was thinking of another EEA2 (5 years), atleast he will have more time until Brexit?

[driftkid]

Anyone please kindly help?

[mkhan2525]

Have you read the Home Office Guidance?

Free Movement Rights: family members of British Citizens

You will need provide evidence that your BC sponsor was exercising treaty rights in the UK since 25th November 2016 when this requirement came into force.

You can prove this through work, self-employment or as an inactive person such as a job seeker, self sufficient person or as a student.

The latter two requirements require the family member to demonstrate they have held comprehensive sickness insurance since 25th November 2016.

Alteratively you can appeal on the basis of the Eind judgment where it was established there was no need to work on return to the UK. You might encounter problems mounting a challenge as the Home Office believe the judgement has been super seeded by a later judgment which does allow them to take into account activities of the BC on return to the UK. Although I do not necessarily agree with that.

[driftkid]

Hi mkhan,

The problem is in my sister’s case, she didn’t exercised her treaty rights, apart from she just worked for 8 months. Not student, jobseeker, nor comprehensive sickness insurance, Is applying for another EEA2 (5 years) will be more sensible for her case?