EEA ILR Refusal Letter

[fosu]

Please i need help about a refusal letter sent to me .....the reason was based upon.....I did not provide my EEA(Wife) evidence of exercising her EEA Treaty Right from 2010-2011 of which i forgot, but there was evidence of my wife working from 2012 till current.
Now the question is they need her treaty right exercising during these period 2010-2011...so please what do i need to send:
Child benefit (Child Tax Credit)?
Her Jobseeker's allowance (and also working at Choice).?
Letter from School (Bcos she was a student 2009-2010)?

Please I need advice what should I send for the Appeal?

Furthermore should I appeal by Oral Hearing or Paper Hearing???

Thanks Guys

[CR001]

Did she have comprehensive sickness insurance while she was a student? If not, she is not a qualified person for that period.

[noajthan]

Moved this to EEA forum

[fosu]

my wife is a German and since the time she been here ....she had NI and the National Health card already I think she was exercising her EEA treaty right by enjoying all those stuff?
and I think comprehensive sickness insurance is for private student and the those from Eastern europe? German are not among..

[CR001]

CSI is for all students. If she had a foreign issued EHIC card for the period, that might cover her.

You are confusing the worker registration scheme for eastern EU citizens with CSI.

Did you apply for PR after 5 years or ILR under 5 or 10 years residence? They are under two separate routes.

[noajthan]

Please i need help about a refusal letter sent to me .....the reason was based upon.....I did not provide my EEA(Wife) evidence of exercising her EEA Treaty Right from 2010-2011 of which i forgot, but there was evidence of my wife working from 2012 till current.
Now the question is they need her treaty right exercising during these period 2010-2011...so please what do i need to send:
Child benefit (Child Tax Credit)?
Her Jobseeker's allowance (and also working at Choice).?
Letter from School (Bcos she was a student 2009-2010)?

Please I need advice what should I send for the Appeal?

Furthermore should I appeal by Oral Hearing or Paper Hearing???

Thanks Guys

It is useless planning oral/paper hearings & all the rest of it.
You need to get your evidence of sponsor exercising treaty rights as a qualified person in order first.

Treaty rights is not about claiming benefits.

What was wife (your sponsor) doing in UK over the past 5 or 6 years?

She needs to have been working or studying or been self-employed or self-sufficient.
She needs adequate documentary supporting evidence for any/all of these activities.
(PR guidance tells you what sort of evidence is required).

If she was a student or self-sufficient then she (& you) will have needed CSI.
Apart from that you have just needed to live in UK - it doesn't matter what your activities were (as long as they were legal, ofcourse).

Also any absences from UK (for both of you, if any) must have been within prescribed limits in order to maintain your continuity of residence in UK.

This is what exercising treaty rights is all about.

[secret.simon]

Her Jobseeker's allowance (and also working at Choice)

You mentioned that she got JobSeeker's allowance? What period (from month/year to month/year) did she get JSA?

When in 2012 (month) did she start working? And has she been working continuously (she can have different employers) since then?

my wife is a German and since the time she been here ....she had NI and the National Health card already I think she was exercising her EEA treaty right by enjoying all those stuff?

No. Exercising treaty rights means something different completely. Read from Page 7 onwards of the document that Noajthan linked to.

[fosu]

from August 10th 2010 till middle of March 2011 then she started working at Choice Store after that she got her current Job at 31/05 till now...

[secret.simon]

from August 10th 2010 till middle of March 2011 then she started working at Choice Store after that she got her current Job at 31/05 till now...

If she was a student or self-sufficient person before August 10 2010 and she did not have private health insurance, then your PR clock only started in August 2010 when your German wife became a jobseeker and hence a qualified person. So, you will have been eligible for PR in August 2015.

Did you submit proof of her being a jobseeker from August 2010 onwards? If not, resubmit the application with proof of both her being a jobseeker (from August 2010 to March 2011) and proof of her being a worker (from March 2011) onwards. You should be considered as having PR from August 2015 onwards and should be eligible for naturalisation in August 2016.

[fosu]

Thank you my brother,
bcos i didn't have knowledge about that, when I submitted my application last August, I just got refusal letter to Today...that I only submitted my sponsor evidence of her present work which started from 31/05/2012.

but now they stated on the refusal;on the ground that I didnt prove her treaty right prior to that 31/05/2012...
So what should I do? on the return documents they gave forms to Appeal on either Oral Hearing or Paper Hearing.. please what should I do now...?

[CR001]

Did you apply for PR through 5 years residence (EEA Route) or for ILR with 10 years residence (UK immigration route)? The title of your topic is confusing, so can you please clarify.

[secret.simon]

Assuming that you are applying for PR under the EEA Regulations and not ILR under the UK Immigration Rules (two completely different laws), rather than appeal, I suggest that you reapply with the proof that I suggested earlier.

[fosu]

I did applied in august through 5 years residence (EEA Route), but refuse the application on that ground that i did prove my wife treaty right prior to 31/05/2012 ...so they have given me an appeal form to appeal with the evidence to this 31/05/12.....what am saying is prior that date my wife was on jobseekers allowance for almost 7 months then she got job of 16-20 hours at Choice(bcos of the Kids) she was not working more hours but later got a her present full time job in 31st May 2012 working till now, since she has been working almost 4 years continuous working

[fosu]

Thanks bro,
Do you mean I should reapply for PR under the EEA Regulations, like I did in August 2015 with new proof attach to the old ones rather than appeal.?

So nothing would happen if I reject the Appeal given to me within 2 weeks....I mean would there be any immigration problem....

What I mean it is right to reapply or appeal right ?????

[fosu]

Please when am reapplying would I need to send
my passport photo, and
pay application fees, etc????

by the way my passport is with them, they did not send it to me....
so that one what should I do about it???

[Wise]

As you have been advised , just fill another application and in that new application make sure you put present case reference number in it and that will be link together with your entire case and passport.

There will be no immigration officer at your door as you're legal to be here with your wife. But this time no mistake in your application otherwise they may choose to issue you another 5 years RC to start affresh with the present treaty right in front of your case worker.

Good luck.

[fosu]

Thank You,
and God bless you richly....mean, I will come on board if I need your help ...you too good
so should attach these new proof from 2010 or 2011 to join the 2012 up to now which they accepted ...these:
1.her Jobseeker's allowance proof 2010-2011
2.Child tax credit
3.p60 or letter from Choice Store where she was working July 2011- 31st May 2012

Please are these New Document good enough for a proof?????

thanks

[Wise]

If you want to start from 2010 that is fine but you must provide meaningful documents that will fill the entire 5 years for you to be considered for PR. Child tax paper stuff is not needed, focus more on treaty right of your EEA spouse. All the treaty categories has been in the discussion earlier, mind you if you go for appeal at the end they will ask you to re apply even if you provide the necessary document then and you will waste money for the appeal.

Answer the question secret simon was asking you. Because I can sense that you applied for PR not ILR .

[fosu]

Oh no it was EEA3 form, that because it was 3 weeks for my 5 years to expire in August 2015 then I did applied, there mistake was I did submitted my wife job status at the time but I did not that I was suppose to submit what she has been doing with the period of 5 years....
so like you said am going to do it all over then make the case reference with the Jobseeker's Allowance of 2010-2011, Choice store proof, and base upon your advise I will not send the Child Tax Credit,,,,
What about letter from her College stating her time of schooling from 2010-2011???

[fosu]

Oh no it was EEA3 form, that because it was 3 weeks for my 5 years to expire in August 2015 then I did applied, there mistake was I did submitted my wife job status at the time I was filling the forms, but I did know not that I was suppose to submit what she has been doing with the period of 5 years....
However like you said am going to do it all over again, including the case reference with

the Jobseeker's Allowance of 2010-2011,
Choice store proof of Letter,
and base upon your advise I will not send the Child Tax Credit,,,,

What about letter from her College stating her time of schooling from 2010-2011???

[fosu]

Hi friend..Wise! thanks for your wise counselling on that day, and now I have got all the Documents that I need to support my wife EEA treaty right so am going to reapply as you said...by the way she started school on 2/7/10 till 1/7/10, would it be good for my to include her letter from school????

And started Job Seekers Allowance from 2009....

[fosu]

please I want to know what is the difference between the EEA3 and EEA4 application forms????
Please I need Help because I want to reapply...

[Wise]

Look at the date of her school period I think that date is no correct

You need to fill the EEA4 form as a non EU NATIONAL

[ohara]

EEA3 is for an EEA national applying for a document certifying permanent residence
EEA4 is for a non-EEA family member of an EEA national applying for a permanent residence card

[fosu]

According to the School letter, she started from 2/7/10 - 1/7/11