Hi Ribena,
Thanks a lot and good luck with your application
![Smile :)](./images/smilies/icon_smile.gif)
I certainly can't understand their decision based on their own guidance and regulations, I believe the requirement is that I have lived in the UK for 5 years and I can prove that I was working since the retained rights was granted
Requirements of regulation 15 of the 2016 regulations
Regulation 15(1)(f) of the regulations states that someone will have a permanent
right of residence in the UK if they:
• have lived in the UK in line with the 2016 regulations for a continuous period of
5 years
• have a retained right of residence at the end of the 5 year period
You must make sure that they:
• met the conditions of being the family member of an EEA national who is
exercising free movement rights in the UK prior to retaining a right of residence
• met the conditions of regulation 10 at the time of their change in circumstances
• continued to meet the conditions of regulation 10(6) until the end of the 5 year
period of residence
Where the applicant has already been issued a document confirming they have a
retained right of residence, they would only need to show that they continue to meet
the conditions in regulation 10(6). This means showing they are a worker, self-
employed person or self-sufficient person and that they have resided in the UK for a
continuous period of 5 years.
They have tried however to contest that they needed evidence of my ex treaty rights covering the full period of 5 years today which the judge said it wouldn't be fair on me, she then took her decision in my favour once the lawyer stated the above guidance