NON EEA PR REFUSAL

[axeman85]

Good day everyone

Trust you are doing good and happy new year,

Just an update in regards to my PR enquiry. It was refused based on qualifying period of my eea National being from 2011 to 2016 and no evidence of me residing in the uk during that period . Also evidence of me being dependant on them also. I tried uploading the refusal letter but it’s too large.


However they granted my EU national who is my father PR with 2016 as qualifying date.

My father is retired an on pension.

I no longer live with my dad as am 30 yes and now have my own place

Now I have decided to apply for another 5 years RC with the hope that my qualifying period for pR will start counting from 2015 for me. Is this the right step ?

My current RC expires in Sept 2018 can I apply now for another one or wait for a month before it expires before applying ?

Also I am getting married in a few weeks time and also expecting a baby by summer time how does this help me wife and child , because my wife is a student an her visa runs out in January 2019 ?

Your help and direction is greatly appreciated

[Obie]

You should challenge the refusal as it is plainly wrong..

If they refused on grounds of dependency then I will not be able to comment. However the reason they gave is not correct.

[axeman85]

You should challenge the refusal as it is plainly wrong..

If they refused on grounds of dependency then I will not be able to comment. However the reason they gave is not correct.

I challenged it, and appealed against it BUT it was upheld and refused. Hence my decision to apply for another 5years RC . I didn’t have enough documents to back up my claim that I was in the UK!

In regards to dependency how do I go about it ?

[Obie]

If a Judge refuse you on the basis that even though your father has PR, you do not qualify as you never resided in the UK at the time he accrued the PR residence, then that is an error of law, and is inconsistent with the law.

[axeman85]

If a Judge refuse you on the basis that even though your father has PR, you do not qualify as you never resided in the UK at the time he accrued the PR residence, then that is an error of law, and is inconsistent with the law.

Myself and my dad applied for PR together . He was granted because he is an EEA National But I was refused.

Are you saying because my dad has PR it doesn’t matter if I have lived in the uk or not. I should be granted also ?

Well now that my dad has acquired PR and I am above 30 and not living with him. Should I apply for PR again or wait for my clock to be 5years before applying again ?

[CR001]

OPs history from last year

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