ILR refused

[Dannyboy19]

Hello moderators, I'll really appreciate your help and advise. I recently got my BC however the battle is not over until wifey is also sorted. So in January, she applied for ILR SET-LR having completed 10yrs continuous residence as of September 2018. we paid for premium service almost 3k. from 2010 to 2015 we both had 5yrs Eu family member res.card which we obtain through me as my cousin is an EU citizen. however, we fail to obtain EU -PR because we couldn't prove dependency...and though we both put in an appeal. I withdrew mine and went for ILR SET LR and was successful. She withdrew her appeal and applied for a residence permit and was also successful as we have a child born here who has a UK citizenship. now she is been refused because the caseworker is requesting evidence of my cousin exercising her treaty right covering the entire period from 2010 to 2015. we supplied some evidence of 2010 and others of 2015 to 2017, but couldn't get much from my cousin for the years in between 2011 to 2014. my wife has not been out of the country for the past 5yrs. Please, I would appreciate your candid advice on what to do next or what other options do I have to sort my wife out. Thanks in advance.

[zimba]

Time spent under EEA rules will only count if your wife can show the EEA citizen exercised his/her treaty rights under EEA regulation during the time she held EEA residence permit. Otherwise you wife cannot get ILR under long residence.

[Dannyboy19]

Hi, just reading your reply after months. thanks for replying. So the issue was the need to show that the EEA citizen was working (exercising treaty rights) from 2010 - 2015. Actually they had been in the country from 2003 and had been in and out of work severally. and for the period 2010 to 2015 we were able to supply evidence of employment (treaty right)covering only 3 of those 5yrs, don't you think the HO shoulda shown some discretion or one must completely supply evidence of (treaty right) covering those whole 5yrs? also the eu citizen in question was a full time mother of 4 and thus could hardly work full time. Do you think there's a case here? Cos considering making a fresh application again. would appreciate your candid advice. Thanks again

[zimba]

The EU citizen must show that she was exercising treaty rights covering the whole period. Exercising treaty rights does not mean she should have been working. See: https://assets.publishing.service.gov.u ... 6.0ext.pdf

[Dannyboy19]

Thanks Zimba, this is a very appreciated reply from you. I'm looking at the document in the link you posted earlier but I don't know where to look precisely in relation to my question. is the fact that she has been living continuosly in the UK since 2003 means she's (My Eu citizen family member) automatically a permanent resident and therefore my wife doesn't need to proof she is exercising treaty rights? cos my wife has been in the country for the entire 10yrs and always worked. in fact she has pay slips covering those 5yrs so it's hard to imagine been told by HO that LR ilr is refused because our EU family member who has been living in the UK SINCE 2003 didn't exercise treaty rights for a few years. Please kindly point me to a section of the document. Thanks again

[Dannyboy19]

The EU citizen must show that she was exercising treaty rights covering the whole period. Exercising treaty rights does not mean she should have been working. See: https://assets.publishing.service.gov.u ... 6.0ext.pdf

Hi Zimba, just read the entire document and seen the part regarding pregnancy. Very helpful. will speak to solicitor and suggest putting in a new application. Again, Thanks for your help.