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Hi Julian,Julian11 wrote:For not exercising treaty rights for a continuous period of five years, despite having lived here 5.5.
It's a very generic letter though, with stuff irrelevant to me in it too, so what exactly they saw that they disliked, I don't know.
Ok that's fine. No need for 1 year wait.Julian11 wrote:I'm married to a British citizen, which removes that extra year requirement.
I'm really sorry for you. I know you was tracking all the EU without the PR. I'm one of the who is still waiting and all your posts were giving me a hope. I hope they will reconsider your case.Julian11 wrote:I was declined. Supposedly did not exercise treaty rights for a continuous period of five years.
I am absolutely gutted and heartbroken.
I should think they will be more specific too about what aspect they believe isn't sufficient enough. If you send your P60s and bank statements for work and self sufficiency then it's highly it wasn't because of this 2, I think it's more likely because of the student, did you provide prove of comprehensive sickness insurance for the period when you were student?Julian11 wrote:I had a mix of studies, work, and self sufficiency, which I proved with all the relevant docs (and the NCS was fine with it all): work documents/P60s/HMRC documents for work, the relevant degree documents for studies, and certified bank statements for self sufficiency.
For a short while, I worked abroad but I came back every weekend (and I sent proof of all of these flights) and when you add up the days gone, it does not even come close to ever hitting six months in any residency year (if you hit 6 months away in a residency year, you break your treaty rights).
So I really don't know what they disliked.
Am writing my reconsideration letter right now, but it is really hard to address the issue without knowing what the issue really was. "not exercised treaty rights for a continuous five years" is very broad. I have addressed the time abroad thing, but it'd be a pointless exercise if they know that this is no issue and it was actually something totally different that was the issue, something which I have not realised.
Does anyone know if I can somehow speak to my caseworker to try to get a more specific reason as to why the rejection, so I can address it more specifically in the letter?
In the treaty section did you give details of the whole 5 years absences? This is fundamental to PR applicationJulian11 wrote:Yeah - I proved the treaty rights for five years, just not technically the absences for the first two years as that was under the residency section instead. (Well, I did prove the absences, they just had a wee line over the first two years' worth as requested by the NCS person.) In the EU/treaty rights section, there was a very detailed breakdown of how I used treaty rights for the whole five years.
I phoned the HO. They said they will try to get me more info and phone me back within 48 hours. The person I spoke to agreed it was vague in an area that is normally straightforward, and he said he'll try to get more details for me. Fingers crossed. Feeling so discouraged.lake1 wrote:I hope they supply you with more information, I don't think all caseworkers know all the laws, i think if they deal with EU cases then they are more learned in that than UK rule and maybe if they deal with naturalisation cases they know more about that than EU rules, the more reason why I think people should apply for PR first as all the caseworker need to deal with is the naturalisation application, this sort of make it easy for them to deal with.
With all what you have said i think a caseworker that deals with EU applications would probably have granted you PR.
Try calling tomorrow and see if you have any joy with speaking with your caseworker if not then write to the person.
All the best.
You should wait 1 year after getting permanent residency under European law, if your 5 years expired in September you should wait until September this year to apply for naturalisation.losthope wrote:Guys, could anyone give me advice on the following:
My EEA family permit expired towards the end of September and i applied for naturalisation as I qualify under the 6 year rule (never held PR). My work has just informed me that they have checked with the Home Office and I have no right to work according to their checks.
By law I gained automatic PR status after 5 years as the spouse of an EEA national.
My acknowledgement letter for Naturalisation does not state that I can carry on working while I wait for their decision.
What do I do and who should I contact to get this sorted out as I obviously have bills to pay. Everytime I contact the Home Office for an update its like talking to a brick wall and nobody can give me answers.
Thanks