Home Office reconsidered and issued PR card- then a few months later tribunal court says no!

[randomuser]

Hi

A strange issue just came up today.

My wife applied for the EU PR card last March.
She was Given a rejection by the Home Office in June
We asked the home office to reconsider AND at the same time lodged an appeal with the first tribunal.
In July the Home Office reconsidered and issued her with the PR card.
We assumed then that the Tribunal court would lapse since the decision was overturned.

Fast forward to today. We get a letter from the Tribunal Court in February 2019! saying that her appeal was rejected!

What does this mean? Is the Home Office going to take away her Permanent Residency?

[Ireney]

What was the reason of rejection? Maybe the appeal was rejected because you have already got residency and hence the appeal would not make sense anymore?

[randomuser]

hi

actually the reason for rejection was that I did not show sufficient evidence that I was residing in the UK for the 5 years prior. (it was surinder singh route). Although it seems that the evidence was sufficient for the Home office to overturn their decision and grant the Permanent Residency card to my wife!

The home office had earlier told me (last july) that they would withdraw the appeal as they had reconsidered! But it seems they did issue the PR card (which she used to work and travel during this time)... but had not withdrawn the appeal?

So now I am torn. Does this mean that she will lose her permanent residency card?

[randomuser]

the exact wording.

in the circumstances the appellant has failed to show by the production of documents or otherwise that the sponsor has been continously residing and exercising treaty rights as a worker for the five years preceding the application and thus her appeal against the refusal of her application under regulation 15 fails.

The appeal is dismissed



The reasoning of course is preposterous since I am a british citizen and she is applying under surinder singh!

SO here we have a situation whereby the Home Office correctly issued her with a permanent residence. but somehow the appeal was not stopped... and the appeal failed because the person reading it didn't know the laws.

what do i do? is she losing her PR card? DO i have to appeal now ?

[randomuser]

anyone with advice?

Is the Home office now going to turn around and take away the PR card? Or is this decision by the appeals court considered frivolous now that the Home Office itself had changed its mind already?

[randomuser]

Just an update for anyone who may be interested and may face a similar bizzare situation in the future.

The first tribunal court has essentially washed its hands saying that neither us nor the home office had informed them of the change of decision. Therefore they advised us to pursue matters directly with the home office to resolve the misunderstanding and forestall the revocation of the Permanent Residence Card.

Now lets see what happens with the home office. who are notoriously difficult to contact!