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noajthan wrote:There is some mistake, and possible injustice, here.
If you have definitely acquired PR and definitely have held a confirmation of PR card (since 2014) then you do not have to exercise treaty rights in UK anymore.
The clue is in the name, you have permanent residence.
The refusal appears to refer to proof of residency.
Whether you were self-employed or not in 2015 does not matter for this application. And whether that self-employment was a success does not matter.
All you have had to do since acquiring PR is simply live in UK.
If not married to a BC you simply have to show you were physically present in the UK 5 years ago (to the day) from your date of application to naturalise.
You also have to show your absences have been within prescribed limits (as per the naturalisation rules, not as per PR rules).
In addition, you must not have let your PR status lapse, (for example by leaving UK for 2 years or more since you acquired PR).
In your case, none of these three fundamental requirements seem to be being disputed as part of the refusal.
The only possibly valid request HO have made is clarification of:fyi - when exercising treaty rights a worker or self-employed person has to show the work is genuine & effective (as per EU law).
- Bills and other letters relevant to this period proving my residency in UK
The UK also, somewhat controversially, seems to apply its own MET/PET tests to assess income level.
This is contrary to EU law.
But this doesn't matter for the period 2015.
You have already acquired and hold proof of having PR!!
The caseworker seems to be having difficulty with either:
a) your (recent) residency
or
b) in thinking you had to be exercising treaty rights since 2014.
Based on the above you should be able to make a case to refute both of those misunderstandings.
I believe you have a strong case as well as strong grounds for reconsideration as the caseworker has clearly made a number of procedural and admin errors in processing your application.
Be aware: there is no guaranteed timeline or 'SLA' for reconsideration, it takes as long as it takes.
Best of British luck.
See section 6 (page 10) of HO guidance to start with:monab wrote:Hi noajthan,
Many thanks for the very quick reply!
I was not aware that once you hold PR you do not need to exercise treaty rights any more. Do you know where should I look for this in the law? (I will need it as part of the request for reconsideration)
On a different note ( I know that according to what you said this does not matter , but..), should I understand that my self-employment in this case was not 'genuine & effective'? I have also tried to launch a business that has nevertheless failed...
Thanks again for giving me hope.
Best regards,
Mona