EEA-PR Refusal for lack of proof EEA national exercise treaty right with Settled Status EEA passport.

[cstevens871]

Hi,

My wife EEA-PR application has been refused because of a lack of evidence showing that I, the EU national, exercised the treaty right for >=5 years.

In the EEA-PR application it is written that EEA nationals who hold Indefinite Leave to Remain documentation do not need to provide further documents to demonstrate that they exercise treaty right.

I applied for the settled status pilot scheme and was granted the "Settled Status" in November 2018. In a letter from Home Office, it was written that my "settled status" was linked to my passport.

Surely, linking my "settled status" passport to my wife's EEA-PR application should have been enough evidence that I was exercising the treaty right?!

I am now considering to appeal the decision. Does someone think I have good chances of having a positive outcome?

Many thanks,

Christophe

[NikiGio]

Surely, linking my "settled status" passport to my wife's EEA-PR application should have been enough evidence that I was exercising the treaty right?!

No - Settled Status is based on residency/identity, not on exercising treaty rights.

I am now considering to appeal the decision. Does someone think I have good chances of having a positive outcome?

Given reasons above - I don't think you'd win an appeal.

I think your best chance is for your wife to also apply for Settled Status - which will be free, given May's announcement yesterday.

Moderator edit : Please note that the acronym SS on the forum refers to 'Surinder Singh' and not 'settled status'!!

[NikiGio]

@ Moderator - ok! Other forums and many on Twitter are using 'SS' for Settled Status...will beca mess! Lol