EEA PR refused. What option do I have now?

[tapash]

Just received refusal letter from HO, reason given WRS was not complied with the rule that I need to be employed for continues 12 months with one employer. I have worked 8 months, from August 2010- March 2011. But from April 2011 WRS was abolished. So I thought I could, and had changed my job, since the rule was not valid anymore. Can I appeal on this point?

On the other hand:
I have applied for PR in November 2015 showing my employment period of August 2010- November 2015, while i was working continuously till March 2016. So that's 5 years period (April 2011-March 2016). Can I appeal on this basis, although my application was made earlier?

[LilyLalilu]

If correct WRS wasn't in place any appeal will be futile. Suggest you apply again using the 5-year period from 1st May 2011 to 1st May 2016. Provided you were exercising treaty rights continuously during this time, they should issue you a DCPR based on this period.

[noajthan]

Just received refusal letter from HO, reason given WRS was not complied with the rule that I need to be employed for continues 12 months with one employer. I have worked 8 months, from August 2010- March 2011. But from April 2011 WRS was abolished. So I thought I could, and had changed my job, since the rule was not valid anymore. Can I appeal on this point?

On the other hand:
I have applied for PR in November 2015 showing my employment period of August 2010- November 2015, while i was working continuously till March 2016. So that's 5 years period (April 2011-March 2016). Can I appeal on this basis, although my application was made earlier?

Refusal doesn't make sense as the WR scheme happened to finish before giving you a chance to clock up 12 months of registration.
That's grounds for appeal in my book!

If you try to claim qualifying time from sometime in April 2011 then you will likely be refused for same reason.
However if you do have an alternative qualifying period running from May 2011 until now then suggest making a case on both points:

• invalid/unjust refusal - procedural/administrative error;
  PR qualifying period: May 2011- May 2016

Edit: I think appeals take 'quite a long time' so you may be better off putting it down to experience and re-applying.

At least you'll have a Home Office war story to tell your grandchildren one day

[LilyLalilu]

Refusal doesn't make sense as the scheme happened to finish before giving you a chance to clock up 12 months of registration.
That's grounds for appeal in my book.

Good point, completely overlooked this!

[tapash]

Thanks both of you.
If it takes too long for appeal decision to make, I think it's better to reapply, since I have a straight forward situation for that.

[salmintin]

Just received refusal letter from HO, reason given WRS was not complied with the rule that I need to be employed for continues 12 months with one employer. I have worked 8 months, from August 2010- March 2011. But from April 2011 WRS was abolished. So I thought I could, and had changed my job, since the rule was not valid anymore. Can I appeal on this point?

On the other hand:
I have applied for PR in November 2015 showing my employment period of August 2010- November 2015, while i was working continuously till March 2016. So that's 5 years period (April 2011-March 2016). Can I appeal on this basis, although my application was made earlier?

Refusal doesn't make sense as the WR scheme happened to finish before giving you a chance to clock up 12 months of registration.
That's grounds for appeal in my book!

If you try to claim qualifying time from sometime in April 2011 then you will likely be refused for same reason.
However if you do have an alternative qualifying period running from May 2011 until now then suggest making a case on both points:

• invalid/unjust refusal - procedural/administrative error;
  PR qualifying period: May 2011- May 2016

Edit: I think appeals take 'quite a long time' so you may be better off putting it down to experience and re-applying.

At least you'll have a Home Office war story to tell your grandchildren one day

Do appeals take very long even for EEA nationals though? I thought only non-EEA were that unfortunate...

[Obie]

I think this is a case working error that is contrary to law and policy. I believe you should consider asking for reconsideration..

[nosana]

WRS was abolished only on 30/04/2011. They refused your application because you left your job at the end of March or beginning of April.

[noajthan]

WRS was abolished only on 30/04/2011. They refused your application because you left your job at the end of March or beginning of April.

Good point.

[tapash]

Thanks all for your help. Seems I should just reapply. Seems better this way.
Just one thought, how am I supposed to disregard the SECTION 9 (Part B) of the EEA PR form when reapplying? Although I would reapply, seems application form is asking to enter the WRS registration details anyway??

Also, I was Self-employed, From 1 April 2011 onwards. I have all relevant documents. Although WRS was abolished from 30 April 2011, WRS scheme is not applicable for self-employed persons right?

[tapash]

So, anyone can comment please? Do I need to declare the WRS registration for my new application, if I want to ignore that period? OR, shall I still need to tell them that I was employed under WRS?

[noajthan]

So, anyone can comment please? Do I need to declare the WRS registration for my new application, if I want to ignore that period? OR, shall I still need to tell them that I was employed under WRS?

If the version of the form you are using asks the question on WRS then fill in the section.

In the additional information section of the form you can point out the period that is relevant and that you believe is the qualifying period in which you acquired PR.

[tapash]

My Eea wife's PR is refused again for the 2nd time, stating she was not a genuine worker, just because she was working part time. And her income was low. Can I appeal?
My EEA2 visa has also expired in 26 October.. what should I do?

What options do we have now?

[noajthan]

My Eea wife's PR is refused again for the 2nd time, stating she was not a genuine worker, just because she was working part time. And her income was low. Can I appeal?
My EEA2 visa has also expired in 26 October.. what should I do?

What options do we have now?

Is this a new question about your wife?
Up to now the topic has seemed to be about you and your WRS, your application etc.

Are you both EEA nationals?
Have you both been refused?

Has wife applied in her own right?
Or did either of you sponsor the other?

What was wife's timeline and activities over relevant 5 year period?
Has wife failed due to HO applying its MET/PET tests to her income?
How many hours was she working?
Was she paying tax/NI?
Any periods not working or doing something else?

[tapash]

Is this a new question about your wife?
Up to now the topic has seemed to be about you and your WRS, your application etc.

Well we both use the same account, that might be confusing.

Are you both EEA nationals?

My wife is Lithuanian, I'm From Bangladesh.

Have you both been refused?

we applied in the same application, so we bothered refused based on she was refused

Has wife applied in her own right?
Or did either of you sponsor the other?

my wife is EEa national, I'm her family member, we applied based on that

What was wife's timeline and activities over relevant 5 year period?

She started working august 2010, but left the job after 8 months, last time they refused based on that information. From April 2011 she was Self-employed till October 2012. There's no accountant appointed fr this period because the income was modest. but self-assesment & NI tax due was paid to HMRC on time. First time round application was refused because we didnt include any accountants letter, bank statement etc etc.

Fo the second time We applied based on self-employment starting from April 2011 onwards. From October 2012 she was employed again till March 2016. In between She was on maternity leave for 39 weeks.

Has wife failed due to HO applying its MET/PET tests to her income?

Yes

How many hours was she working?

She was working 20 hours while employed. For self employement theres wa no such hours counted.

Was she paying tax/NI?

YES

Any periods not working or doing something else?

No, she was either Employed or self-employed.

[tapash]

Also, since we visited the forum, We have applied 2nd time for PR..

[noajthan]

So its all about wife's activities as Union citizen and sponsor.
That makes more sense now.

And its all about activities from mid 2011 onwards due to lack of WRS before then.
In that case its all about showing work was genuine and effective.
Passing the PET/MET test helps here. As does paying tax and NI.

The PET/MET is not part of EU law and should only lead to further enquiries. Not outright refusal.

However you obviously can't really go back in time and correct shortcomings in fundamental activities - you can only address lack of documentation if that was an issue.

[tapash]

So its all about wife's activities as Union citizen and sponsor.
That makes more sense now.

And its all about activities from mid 2011 onwards due to lack of WRS before then.
In that case its all about showing work was genuine and effective.
Passing the PET/MET test helps here. As does paying tax and NI.

The PET/MET is not part of EU law and should only lead to further enquiries. Not outright refusal.

However you obviously can't really go back in time and correct shortcomings in fundamental activities - you can only address lack of documentation if that was an issue.

Thanks for your reply.
She failed PET/MET test. but this was came into force from march 2014. So would she supposed be affected by that rule?
if she is not affected by that rule, do we have a point to appeal against home office refusal?

[Obie]

2-3 Observations.

PET or MET test is not part of the regulations, not part of EU law.

In any event the UKVI cannot apply it retroactively . It only came into effect in March 2014 and onwards.


WRS ended on the 30-04-2011. An EEA national does not break the terms of WRS, if they ended work and within 28 days found a new job, and following that new job, apply for a new WRS within 28 days.

[tapash]

2-3 Observations.

PET or MET test is not part of the regulations, not part of EU law.

In any event the UKVI cannot apply it retroactively . It only came into effect in March 2014 and onwards.


WRS ended on the 30-04-2011. An EEA national does not break the terms of WRS, if they ended work and within 28 days found a new job, and following that new job, apply for a new WRS within 28 days.

But she did not apply for a New WRS, rather she went into self-employment. In the meantime the WRS became abolished...

[Obie]

Well a person who started work in September 2010 cannot be required to complete a period of 12 months under the scheme. That will be perverse, as the scheme came to an end on the 30-04-2011.

[tapash]

My EEA Family permit has expired recently. I have lodged appeal against the HO decision on refusal of my PR application.

At the current situation can I change my employer ?

[vinny]

M.

[noajthan]

My EEA Family permit has expired recently. I have lodged appeal against the HO decision on refusal of my PR application.

At the current situation can I change my employer ?

Unclear who you are today - EEA or non-EEA.

Unless/until you have acquired PR status you only have a right to remain and work in UK if you are a qualified person (if EEA)
OR on the basis of an EEA spouse's sponsorship (as a qualified/settled person) - especially if you are non-EEA..
So a FP (if you really mean a 6 month FP rather than a 5 year RC) is irrelevant now.

If you are non-EEA you will probably find employers unwilling to offer work without a COA (confirming right to work) or current RC or PRC.

[tapash]

Phew!!!
Finally!!
Just received my PR after appealing and waiting almost 1.5 year received my PR card.

Thank you guys here for helpful information you have provided so far.

But still have another issue, just wondering if anyone can help please?

So, first my wife applied PR along with me and it was refused. Due to cost of appeal for both, only I decided to appeal, because if I win that means by law my wife should automatically becomes eligible for PR (or not?). Well at least the judge in the letter in her decision to HO mentioned that my wife should be eligible for PR from August 2015.

Now when HO sent the PR card, it was only for me. My good guess is just because I appealed. So we were wondering what about her PR card? Its been couple of months now so I decided to come and ask for your advice guys. Shall we write to HO for my wife’s PR card? Or she needs to reapply?

Now for my children, how do they qualify?
My first child was born in November 2014, before my wife was completed her 5 years. How does she gets hers passport?

My second child was born in September 2016, after she became qualified for PR according to the Judge.

Sorry for long post but would be very much appreciate your input. Thanks.