Refused - non acceptence of exercised treaty rights

[Richard15]

I am EEA citizen and my spouse is non EEA who just received a refusal letter to her citizenship application.
Jan 2008 I came to UK
Mar 2008 I started employment
Oct 2012 ended employment and left country for a 2 month course
Jan 2013 returned, qualified and registered in my profession and did not register as job seeker but lived self sufficient, trying to find work, partly carrying out freelance jobs abroad while staying in UK
Nov 2013 new employment

the home office say I have not been exercising treaty rights for a continued period of 5 years. "...was not deemed to be exercising his treaty rights for a continuous period of 10 months..."
it would have been easy registering for Job seekers allowance. Alternatively I could also have registered for CSI had I known. instead I was taking on a few freelance jobs and did not see the need to register as self employed as it was well below the income threshold. I have been looking for employment but was not in a hurry and it was quality over quantity.

1) are there legal ground to ask the case to be reconsidered or to object the decision?

2) would I have to show 5 years of exercising treaty rights from arriving to UK or from start of employment.

3) will self sufficiency (I had no CSI/comprehensive sickness during that time), course abroad, qualification in uk, freelance work for abroad done from here be considered?

are there any other options worth considering?

Many Thanks for reading, appreciate any opinions.

[milan69]

3. I think you have to be present in the UK in order to be excessing treaty tights. I also think comprehensive sickness insurenece is mandatory if self sufficient as it is to serve so you are not a financial burden on the host state.

Just my opinion.

[Julian11]

Leaving the country for a two month period is not an issue as you only break your treaty rights if you are gone for 6 months or more.

The issue here I think has come with the self sufficiency period. You could effectively write off 5 months 29 days as unnecessary I think (October-March), but from then onwards until you started working again in November, you would have needed CSI to cover you for your health insurance.

Regarding your second question, periods of self sufficiency/looking for work when you first arrive apparently don't count - your treaty rights start upon taking employment for the first time (or alternatively I suppose, studying), so for you it started in March 2008.

Is it possible that you would have qualified had you listed that period as under self employment and showed enough freelance work proof to cover it? I don't know this part, I am afraid, but this would be listing new evidence so might be disregarded in a reconsideration even if it worked. I'm not sure though - maybe it'd work and maybe they'd accept it. :/ Someone else more knowledgable on this will have to comment on this whole aspect as I have no idea about it I am afraid.

[Richard15]

Thank you Julian and Milan. Yes it appears CSI is compulsory and the application was based on the wrong impression that initial and away times would contribute to exercising treaty rights.

Do I stand any chance asking to reconsider my case, I am not very confident how to convince someone especially if no further evidence will be accepted

- What does actively looking for work mean. (terminology is different from 'looking for employment') - I have been actively looking although not desperate, I have prepared website and portfolio, have learned new software which was all aimed to staying in the UK and ultimately finding work.

- Can I now alternatively apply for permanent residence and would I stand a better chance to make my case?