EEA3 refused - I don't understand why

[AKDK]

Hello everyone,

I would be grateful for someone to look at my situation and advice.

My partner was refused PR

In the refusal letter caseworker has stated that He hasn't completed 5 years employment and on top of that he didn't complete 12 months legal employment with any of the employers he has been registered for WRS with. This statement contradicts the reality.

Let me highlight the points on which We disagree:

1. He has completed 12 months legal employment and has already been issued with registration certificate back in October 2010 and we were very surprised to see that this document wasn't taken into account at all and it's not in the list of documents which are said to be considered when assessing his application. This is a crucial evidence of him exercising treaty rights in accordance to European law and it was simply ignored.

2. Since december 2008 he has been in full-time employment with several employers, He did have few days gaps between some of the employments and the longest one was around 5 weeks. We have enclosed all P45s and P60s for 5 years.

I'm going to request an employment history for my partner from HMRC to prove that and should be able to include it into next application or appeal if I decide to go for it.

3. Caseworker is referring to the dates of when My partner was registered for WRS with each employer and then as a conclusion it's said that He has big gaps between employments. We have included all WRS certificates as per UKBA guidelines, even the ones prior to 5 years employment period My partner is claiming. His own fault was that even after He received Registration Certificate ( and when He became exempt from WRS) He kept registering with WRS as not all of the employers were aware that the a worker from one of the A8 countries who has worked legally for a period of 12 months or more without interruption (i.e. periods of unemployment must not total more than 30 days in any 12 month period) is entitled to full free movement rights under the treaty of Accession and is no longer required to register his or her employment.

When applying for registration certificate 4 years ago we have endured some bad experience with UKBA our eea1 and eea2 were refused initially incorrectly as the caseworker argued that My partner had to work for one employer during 12 months period, which is not in accordance to law.

I got in touch with senior caseworker and she confirmed that the decision was made right saying that my partner has big gaps in employment and the caseworker couldn't establish if my partner worked for 1 employer for 12 months... What's going on? Are we missing something? What about registration certificate- doesn't that stand for a proof of 12 months uninterrupted employment? And he never had a gap in employment exceeding 5 weeks ( the other ones were 1 or 2 days)

We want to understand what to do next, just scared of being refused again as there is nothing else we can submit

Thank you for your time and suggestions

[askmeplz82]

Strange how did UKBA issued him EEA1 registration certificate then if they were not satisfied?

An A8 worker who is required to register with the WRS must register their employment within one month of starting work for that employer. Registration ceases when they stop working for that employer and if and when they start working for a new employer they must register that new employment with the WRS.

An A8 worker who has worked legally in continued registered employment for 12 months or more without interruption (i.e. periods of unemployment must not total more than 30 days in any 12 month period) is entitled to full free movement rights and is no longer required to register. Upon completion of 12 months registered work, their R2R will determined in the same way as other EEA nationals.

http://www.hmrc.gov.uk/manuals/ccmmanual/ccm20110.htm

[AKDK]

Strange how did UKBA issued him EEA1 registration certificate then if they were not satisfied?

An A8 worker who is required to register with the WRS must register their employment within one month of starting work for that employer. Registration ceases when they stop working for that employer and if and when they start working for a new employer they must register that new employment with the WRS.

An A8 worker who has worked legally in continued registered employment for 12 months or more without interruption (i.e. periods of unemployment must not total more than 30 days in any 12 month period) is entitled to full free movement rights and is no longer required to register. Upon completion of 12 months registered work, their R2R will determined in the same way as other EEA nationals.

http://www.hmrc.gov.uk/manuals/ccmmanual/ccm20110.htm

Thanks, that's my point exactly and I was so shocked that they just ignored it, it was issued 4 years ago...

[AKDK]

Can someone please advice how to ask for a reconsideration?

How can I make it more clear that my partner's registration certificate and p60s for all 5 years should be enough proof?

Shall we only enclose WRS certificates for the 12 months of when he got the registration certificate and don't enclose the ones after? I told him that he was exempt from WRS once he got his blue book...

Do we just write a letter to a caseworker or shall we send all the documents again ?

Thank you

[imran1u]

Hello Everyone,
My Wife (EEA National ) Need bit Information towards PR.

She came to UK on August 2008 and started University ( for last Year Of Education " Bachelor Degree " ),Degree completed late September 2009.

* Work started April 2009 (Working Part Time)" Still working with same Company Till today "
* WRS issued March 2010 ( But On Certificate its Mentioned Work Commenced April 2009 )

So When She is going to be Eligible for PR.
When She came we lived at one address for two years , then moved another address and still living here from last 3 years .

Our first address land lord was paying the bills and Council tax, all we were paying the rent.
how she is going to prove her first two years of living on that address, Only one Prove is that ( She Was issued WRS on that Address).
Will she be refused to apply in March 2014 or her Emplyoment will be considered legally from March 2010 when WRS was issued.
Would like to bit information on this :

Regards
Khan

[Obie]

Can someone please advice how to ask for a reconsideration?

How can I make it more clear that my partner's registration certificate and p60s for all 5 years should be enough proof?

Shall we only enclose WRS certificates for the 12 months of when he got the registration certificate and don't enclose the ones after? I told him that he was exempt from WRS once he got his blue book...

Do we just write a letter to a caseworker or shall we send all the documents again ?

Thank you

It may be best to appeal. As the senior caseworker has said he or she will not overturn their decision. It makes no sense seeking a reconsideration. Although you could do an appeal and reconsideration simultaneously and see how it goes.

[AKDK]

Can someone please advice how to ask for a reconsideration?

How can I make it more clear that my partner's registration certificate and p60s for all 5 years should be enough proof?

Shall we only enclose WRS certificates for the 12 months of when he got the registration certificate and don't enclose the ones after? I told him that he was exempt from WRS once he got his blue book...

Do we just write a letter to a caseworker or shall we send all the documents again ?

Thank you

It may be best to appeal. As the senior caseworker has said he or she will not overturn their decision. It makes no sense seeking a reconsideration. Although you could do an appeal and reconsideration simultaneously and see how it goes.

Dear Obie,

Thank you for your reply. Do you agree that it was refused incorrectly? I just want some assurance that I'm not mad and when appealing shall we just include WRS certificates covering 12 months period based on which. My hubby secured his RC 4 years ago? I have a feeling this is what confuses them most. Any idea how long the appeal can take? Thank you again

[AKDK]

Good morning

After obtaining registration certificate how long can one be unemployed for? I just want to make sure that that period of when my hubby was out of work ( around 5 weeks) can't result in refusal.

[askmeplz82]

Good morning

After obtaining registration certificate how long can one be unemployed for? I just want to make sure that that period of when my hubby was out of work ( around 5 weeks) can't result in refusal.

An A8 worker who has worked legally in continued registered employment for 12 months or more without interruption (i.e. periods of unemployment must not total more than 30 days in any 12 month period )

https://ec.europa.eu/eures/main.jsp?acr ... s=1&step=2

[AKDK]

Good morning

After obtaining registration certificate how long can one be unemployed for? I just want to make sure that that period of when my hubby was out of work ( around 5 weeks) can't result in refusal.

An A8 worker who has worked legally in continued registered employment for 12 months or more without interruption (i.e. periods of unemployment must not total more than 30 days in any 12 month period )

https://ec.europa.eu/eures/main.jsp?acr ... s=1&step=2

Thank you, however I'm querying about a gap after my husband completed 12 months uninterrupted emplyment . He has already got it 4 years ago, we already proved that to home office when we applied for eea1 and eea2 back in 2010.

[askmeplz82]

Na. Just send p60

I've seen many EEA national only send P60 for 5 years

[AKDK]

I'm in complete shock now... We submitted a reconsideration request through our MP office and got another refusal. This is getting even more absurd. They now admitted that my husband indeed was issued with registration certificate back in October 2011 ( based on 12 months employment from dec 08 to dec 09) thank God for that lol. But now they say that the person has to exercise treaty rights for another 4 years since the date of registration certificate was issued. Another line of the letter contradicts this by saying that the he had to exercise the treaty rights for another 4 years since he completed 12 months employment ( which is correct of course )

When submitting the request for reconsideration we enclosed a letter from HMRC showing his employment and ni contributions for the last 5 years and letter from qualified accountant confirming he has no gaps in employment from dec 2008 to date ( apart from one for around 3 weeks)

I really am lost now. Shall I seek further reconsideration?

[Obie]

I think you should proceed with appeal, as you have finished the reconsideration stage. They don't want to change their decision, especially now that an MP is involved. They don't want to appear incompetent.

[AKDK]

Thanks Obie,

It's funny they no longer claim he had "large and evident gaps in employment " like in original refusal and admit he completed 12 months under WRS. But apparently the 12 months period dates don't count, only the date of RC was issued .... Oh well..

Do you think solvit can help?

[AKDK]

dear forum members,

we have lodged an appeal a week ago. does anyone know what are the waiting times like ( for a paper hearing) these days?

we have been married for over 5 years now and i would like to sort out my PR ASAP, however im not sure i should risk to apply before they admit he is eligible for his PR.

[Viktoria27]

AKDK 2 months in our case. From sending appeal to getting the decision

[AKDK]

AKDK 2 months in our case. From sending appeal to getting the decision

many thanks for your answer, was it recently? and how long was it before you got a hearing date from when you lodged an appeal please?

[Viktoria27]

Submitted EEA4 application 6.01.2014, refusal 6.03.2014 ,lodged an appeal 20.03.2014 after about one month we received letter with last date to submit evidence before 6.05.2014 received refusal from court 22.05.2014
Hope that helps.

[AKDK]

Dear forum members,

We have won the appeal at first tribunal.

Can anyone advise please what our next steps should be? We received court papers in post yesterday. Now, it's not clear how long we have to wait for until my husband's PR is issued, will HO contact us any time soon or is it worth writing a letter to the officer who originally rejected the application? I searched on gov.uk web site to see what the procedure is but couldn't find any specific guidance as to how long does it take for the HO to implement judge's decision and so on.

I don't think HO will challenge judge's decision as even according to HO statement at the time of refusal by now (October 14) my husband would have qualified. So the judge said "the decision is now academic"

Thank you