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You have to provide adequate documentary evidence of your sponsor exercising treaty rights.NE14U wrote:Hello! i had applied for PR card at 25th november 2015 as an EEA family member and I received the result of my permanent residence card application a week ago ( 27th of february 2016) and its been refused due to lack of p60 form of my eea national's previous job which she worked from 2010 till 2013.I have not put the p60 form in the envelop.I did not see a section in the application form whether there is such a requirement. According to home office i have right to appeal and reapply and leave the country. By the way I have become an italian citizen on 13th january 2016 whilst my PR card application was on going.Home office does not know that i hold EU citizenship yet. I will get my italian passport in April.
what step should i take from this moment?
Any information will be appreciated.
I can think of three rights that PR convey, that might make it attractive to a young EU citizen, though the OP may deny that they have any appeal. Firstly, it grants the free-standing right to be economically inactive and depend on the NHS. (Perhaps they've won the lottery.) Secondly, it gives him the right to bring in a new wife from outside the EEA if he has enough money. Thirdly, any children born to him in the UK will be British, though his wife's PR should also cover that.noajthan wrote:Anyway, now you are Italian what does it matter.
I presume Mrs NE14U is currently in work. Does not this protect NE14U from removal from the UK? Being Italian won't protect you in theory, unless you are exercising your treaty rights. (I haven't deeply studied the EEA regulations or relevant law, so I may be wrong.)noajthan wrote:Do you have any ambitions for privilege of British citizenship?
EU law does provide some protection against deportation. According to the regulations EU/EEA nationals can only be deported on grounds of public health, public policy and public security.Does not this protect NE14U from removal from the UK? Being Italian won't protect you in theory, unless you are exercising your treaty rights.
Ciao bello!NE14U wrote:Thnaks for replying! I have no clue if it's a good idea whether I send a letter to HO and explaining the change of my status.i have a degree that given to me by Italian consulate after oath ceremony. So what exactly would you suggest me to do? Do you know what sort of documents I should attach? I am almost running out of time cause appeal must be done within 14 calendar date. It's been 8 days already and not even citizen adviser bureau could sort it out. Thanks a lot once again.
Regulation 19(3)(a) statesLilyLalilu wrote:EU law does provide some protection against deportation. According to the regulations EU/EEA nationals can only be deported on grounds of public health, public policy and public security.Does not this protect NE14U from removal from the UK? Being Italian won't protect you in theory, unless you are exercising your treaty rights.
I can't find any requirement for NE14U to have an Italian passport; moreover, the tenor of the directive is that it suffices to prove who he is and that he is a non-British EU citizen. However, their right (assuming their marriage is accepted) to be in the UK currently depends on at least one of them being in genuine employment - unless they've recently crossed an international border.(3) Subject to paragraphs (4) and (5), an EEA national who has entered the United
Kingdom or the family member of such a national who has entered the United Kingdom
may be removed if–
(a) that person does not have or ceases to have a right to reside under these
Regulations;