Can you withdraw EEA PR application?

[Skinny26]

I am getting cold feet.

I sent my application a few days ago with as much documentation as possible. I've been living and working here legally for about 8 years and always planned to apply for naturalisation just never could afford it so far.

Now I thought I'd at least get the PR out of the way so I am ready for applying for naturalisation when I can afford to.

I thought worse case scenario, if they're unhappy with documentation I can appeal or re-apply at a later date.

I think I may have been naive, as after sending the application read a few of the topics on here, one in particular saying that when being rejected they have also received a letter saying they should leave the country.

I've got a job here, a home, a family I am supporting, I can't risk all that. And there's nowhere to go, I have no family or housing in the country I emigrated from.

I've sent P60s for every year, my yellow card which was valid whilst I was studying as a student, a letter from my employer throughout Uni saying I was with them for 4 yrs and a printed email from HR confirming I was continuously employed for more than 12 months. I've also sent 52 weekly pay slips showing continuous employment (20hrs during term time, 40hrs or more outside term time). This was during my 3rd yr at Uni. 4months after graduation the yellow card would've become invalid so I got the 12 months of continuous employment before graduation.

My worry is they'll say those 52 payslips are somehow not enough or inappropriate or whatever - that would not only lead to rejection or PR application but would also invalidate the following 2 yrs I've worked on the basis of those 12 months of continuous employment and until WRS was no longer needed.

So can I withdraw my application? Payment hasn't yet been taken from my account. And can I re-apply at a later date when I get over this panic mode I'm currently in?


Thanks

[vinny]

They cannot cancel your right of residence, if you are currently working and you are not a threat, etc.

[Skinny26]

They cannot cancel your right of residence, if you are currently working and you are not a threat, etc.

Thanks, vinny.

I am referring to this post: http://www.immigrationboards.com/eea-ro ... 10157.html

Not only did they reject her application but also said her brother, who was sponsoring her application, should leave the country.

noajthan responded to her that "1) Your sponsor needs to have been exercising treaty rights continuously unless or until he had acquired PR. Otherwise he may have no current basis to reside/work in UK."

[noajthan]

Thanks, vinny.

I am referring to this post: http://www.immigrationboards.com/eea-ro ... 10157.html

Not only did they reject her application but also said her brother, who was sponsoring her application, should leave the country.

noajthan responded to her that "1) Your sponsor needs to have been exercising treaty rights continuously unless or until he had acquired PR. Otherwise he may have no current basis to reside/work in UK."

Relax.
Don't assume all EU cases are the same.
And despite the generally laissez faire framework setup by EU free movement there are nuances and different classes of citizens/dependents.

That case relates to a brother of a Union citizen (ie an extended family member) who has to demonstrate dependency on their sponsor and has to possess a RC. In that case its not even clear the sponsor was exercising treaty rights and so that left the bro on a bit of a sticky wicket.

If you are an EEA national all you have to do to legally reside in UK is to work or study (etc) and oops, hey presto you have the full weight and protection of EU law protecting you.
(assuming no Brexit ofcourse).

And from the summary of your case you have been doing all the right things and appear to have comprehensive supporting documentation.
So take a chill pill and enjoy rest of the Euros.

And you can get up to speed on free movement here;
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

[Skinny26]

noajthan responded to her that "1) Your sponsor needs to have been exercising treaty rights continuously unless or until he had acquired PR. Otherwise he may have no current basis to reside/work in UK."

Relax.
Don't assume all EU cases are the same.
And despite the generally laissez faire framework setup by EU free movement there are nuances and different classes of citizens/dependents.

If you are an EEA national all you have to do to legally reside in UK is to work or study (etc) and oops, hey presto you have the full weight and protection of EU law protecting you.
(assuming no Brexit ofcourse).

And from the summary of your case you have been doing all the right things and appear to have comprehensive supporting documentation.
And you can get up to speed on free movement here;
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

Thanks for the re-assuring words, noajthan.

My worry is if they're unhappy with those 12 months of continuous employment, then that would invalidate my yrs of employment in 2012 and 2013, before WRS became no longer needed for A2 EU citizens. Would they then say from this application we can't see that you'require eligible for PR and I can then re-apply with different payslips to show 12 months of continuos employment before expiry of my yellow card? Or will they say based on this evidence you were working unlawfully in those two years and therefore you need to leave the country?

I am employed now and have been continuously since arriving in this country and have never claimed any benefits.

If I call them today and withdraw the application can I re-apply say next month? Or will they see it as a negative that I'be withdrawing it now?

[noajthan]

Thanks for the re-assuring words, noajthan.

My worry is if they're unhappy with those 12 months of continuous employment, then that would invalidate my yrs of employment in 2012 and 2013, before WRS became no longer needed for A2 EU citizens. Would they then say from this application we can't see that you'require eligible for PR and I can then re-apply with different payslips to show 12 months of continuos employment before expiry of my yellow card? Or will they say based on this evidence you were working unlawfully in those two years and therefore you need to leave the country?

I am employed now and have been continuously since arriving in this country and have never claimed any benefits.

If I call them today and withdraw the application can I re-apply say next month? Or will they see it as a negative that I'be withdrawing it now?

If you were a student you needed CSI (EHIC etc) or to invoke the transitional arrangement.

WRS is only for A8 nationals, are you A8 or A2? If Romanian, WRS doesn't apply to you.
If you are a worker you don't need CSI.

Is not clear what your timeline is.

This is not a 'visa', you either get confirmation of PR status or you don't.
If you don't submit adequate documentary supporting evidence to back the application you will be refused..

Obviously all bets are off with Brexit but its inconceivable there will be mass 'deportations'.
For now all you need to do to remain in UK is exercise treaty rights (if you don't have PR).

[Skinny26]

Sorry, I got confused in all the abbreviations.

To clarify:

If you were a student you needed CSI (EHIC etc) or to invoke the transitional arrangement.

Have invoked transitional arrangement as was in the UK, working with a valid yellow card since 2008.

WRS is only for A8 nationals, are you A8 or A2? If Romanian, WRS doesn't apply to you.
If you are a worker you don't need CSI.

Romanian on yellow card as student. 12 months of continuous employment in my final yr at Uni so no longer needed work permit. Based on those 12 months I have worked legally in 2012 and 2013, until work permits were no longer required for Romanian citizens.

This is not a 'visa', you either get confirmation of PR status or you don't.
If you don't submit adequate documentary supporting evidence to back the application you will be refused..

So what happens if I get refused confirmation of PR? I don't mean now that people have voted out, I mean generally speaking.

If they say they think I've worked unlawfully in 2012 and 2013 as they don't think the 12 months of continuous employment in 2010-2011 is adequate or sufficient?

PS: £65 has gone out of my bank account this morning - does that I mean I can't withdraw it anymore?

[noajthan]

So what happens if I get refused confirmation of PR? I don't mean now that people have voted out, I mean generally speaking.

If they say they think I've worked unlawfully in 2012 and 2013 as they don't think the 12 months of continuous employment in 2010-2011 is adequate or sufficient?

PS: £65 has gone out of my bank account this morning - does that I mean I can't withdraw it anymore?

If you are working now you currently have EU law behind you and are legally working and residing in UK.

If fee has been taken the application is in flight. If you withdraw you lose the fee.
Good luck.