Regarding: Permanent Residence Card

[White Beegmail.com]

I am so sorry for opening a new topic as I am new in this forum. I

Hi Obie,

Thank your for your response but I am referring in legal point of view. In EEA legislation it does stating has to be P60

Quoted from Gov website:

8.3 Where the family member claims to be a child of the EEA national or an extended family member, we need evidence not only from the family member but also from the EEA national to show that they are still in the UK exercising Treaty rights, or has acquired a right of permanent residence. The evidence required for this could be in the form of bank statements, payslips or letter from an employer which meets the criteria set in paragraphs 3.3 & 3.4. This will not apply, however, where the family member has been issued with a Permanent Residence Card see paragraph 14.2.

[vinny]

Threads merged.

[liquidweb]

I am so sorry for opening a new topic as I am new in this forum. I

Hi Obie,

Thank your for your response but I am referring in legal point of view. In EEA legislation it does stating has to be P60

Quoted from Gov website:

8.3 Where the family member claims to be a child of the EEA national or an extended family member, we need evidence not only from the family member but also from the EEA national to show that they are still in the UK exercising Treaty rights, or has acquired a right of permanent residence. The evidence required for this could be in the form of bank statements, payslips or letter from an employer which meets the criteria set in paragraphs 3.3 & 3.4. This will not apply, however, where the family member has been issued with a Permanent Residence Card see paragraph 14.2.

Yours is truly a sad story and only one in your position can understand what you are going through. However, I feel the experts in the forum has made their suggestions and we overwhelmingly feel that since the document mentioning your P60 for one particular year was not provided, neither was any document provided to substantiate that you were employed in that year, makes this a very difficult case to pursue. I believe since you are already a PR and a citizen, why does not your husband apply for british citizenship directly? I understand it would cost a bit of money, but it won't be more than what you have already paid to a solicitor. Or may be I may have missed something vital here.

[vinny]

PR is also a requirement for naturalisation. Without proof or confirmation of husband's PR, they may refuse his citizenship application may on the same grounds.

However, as you have already obtained British citizenship, it follows that you must have already attained PR or was granted ILR. If you attained PR, then to continue to exercise treaty rights in the UK, it's sufficient that you and your husband must not be absent for more than two years.

[White Beegmail.com]

Thank you for your response

Well it is very clearly for me/"others" that the case worker did a mistake "According to Regulation 15 (1) (b) a family non EEA national".


I am thinking to contact MP/ Ombudsman

All the best

[White Beegmail.com]

PR is also a requirement for naturalisation. Without proof or confirmation of husband's PR, they may refuse his citizenship application may on the same grounds.

However, as you have already obtained British citizenship, it follows that you must have already attained PR or was granted ILR. If you attained PR, then to continue to exercise treaty rights in the UK, it's sufficient that you and your husband must not be absent for more than two years.

Thank you Vinny for taking you time to clarify the response of Liquidweb in details regarding (British Citizen)

[Obie]

PR is also a requirement for naturalisation. Without proof or confirmation of husband's PR, they may refuse his citizenship application may on the same grounds.

However, as you have already obtained British citizenship, it follows that you must have already attained PR or was granted ILR. If you attained PR, then to continue to exercise treaty rights in the UK, it's sufficient that you and your husband must not be absent for more than two years.

It seems to me in this case that has actually been acquired. However they OP'S spouse solicitor or the OP, may have inadvertently forgot to provide a piece of document that will satisfy the decision maker that the burden of proving eligibility has been discharged.

The refusal does not in principle precludes them from citizenship if the conditions in the 1981 act is met.

[vinny]

Slight correction: If you attained PR, then to continue to exercise treaty rights in the UK, it's sufficient that you must not be absent for more than two years and your husband must not be absent for more than six months.

[liquidweb]

I truly cannot understand why your husband cannot apply for BC as your dependent. He only needs to prove he has been with you for 3 years and fulfil what is mentioned here: https://www.gov.uk/becoming-a-british-c ... sh-citizen

[White Beegmail.com]

Hi liquideweb.


The issue is not about which way PR or British Citizen the issue is all about HOW the case worker handled our case according to EEA Legislation?? (We are in 2015)

There is no difference if we did apply for PR or BC (Eligibility) if the case worker treat your case unfairly (inexperienced) with all my respect to professionals, qualified, honest, case workers. You will be very lucky if your case will be handle by respected case workers.

I hope this will clear out if you know what I mean.

All the best,

[Obie]

I truly cannot understand why your husband cannot apply for BC as your dependent. He only needs to prove he has been with you for 3 years and fulfil what is mentioned here: https://www.gov.uk/becoming-a-british-c ... sh-citizen

That is not the law.

The OP is not a British and in even if she was, the he will need to meet certain requirement.

The 3 years residence rules is not applicable in this case, as the OP's husband is not a spouse of a British Citizen

[vinny]

Also I hold British citizen since 2008.

[Obie]

Also I hold British citizen since 2008.

Must have slipped my peripheral vision that.

It would have been sufficient for OP to provide evidence in the form of the Approved naturalisation letter, confirming that his wife is a British, and hence would have been settled, as the Secretary of State would not have exercised his discretion under Section 6(1) if she wasn't.

[maxmelion]

This lawyer is not loyal how come he sent application missing important documents that really so bad . I think u can send ur appeal nd later u can send any evidence . But u should send cover letter . In my openion seek a paid assist from any modriators from this furom . I hav good experaincr.