Permanent residence application has been refused.Guide plz

[wasimchudhary]

Hi
My application for permanent residence has been refused on the following ground with a right of appeal
1-we didn’t provide comprehensive medical insurance for the period when she was student
and economically self sufficient period
2-she has worked only for last three years but not for last 5 years
Please assist me to deal with that, I’ve got few says left for appeal against this decision
Main Points are
My wife has German nationality and I’m Pakistani national ,we moved together to UK in April2004and I got residence stamp in November05
1-I’ve been working fulltime since April2004 and we are not claiming any benefits at the moment infect through out last 5 years
2-my wife has passed English language course( ESOL) in 2007 (Nov2005-JAN2007)
She has worked as well as a class assistant in the same college as apart time basis and been working full time in a care home since August2008.
3-Our first baby has born in June2010 so my wife is now on her maternity leave at the moment
Many Thanks

[Monifé]

It is not a problem that she has only worked the last 3 out of 5 years if she was a student, but I am pretty sure it is a requirement to have medical insurance.

If you are a student, you need to provide a school, college or university letter confirming
enrolment and the completion date of the course. You will also need to provide a statement
confirming that you have sufficient financial resources during your period of study along with
supporting evidence such as a bank statement or evidence of a grant or scholarship; and
evidence that you have comprehensive sickness insurance.

Source: http://www.ukba.homeoffice.gov.uk/sitec ... de-eea.pdf

How did you get your residence card if there was no medical insurance?

[wasimchudhary]

thanks for reply ,in 2005 when i got residence card that time she was student and working as well ,whats your sugesstion about appeal against the desion or can apply for residence card again i.e EEA2

[Monifé]

I am sure you can go ahead and apply for residence card again, I don't see why not.

Once your wife was working (or exercising other treaty rights) for the first 3 years out of 5 before your are applying for PR, then the application can be based on you exercising your own treaty rights.

Example: Wife worked from Jan 2007 to Feb 2010. Then as long as you have been working or exercising other treaty rights from Feb 2010 onwards, that counts too towards PR.

My solicitor told me that anyway so I don't know how credible it is, perhaps someone more knowledgeable on this forum could give us some sources for the above.

The best bet I would say is apply for residence card again, and if your wife starts work again after her maternity leave you could apply for PR in August 2013 (I am basing that on you saying your wife was working from Aug 2008).

Oh one thing I just noticed, did you say she was employed part time when she was studying? How many hours? If it is more than 10/15 hours, then that should be consider as genuine and effective work and she should be classed as a migrant worker, not student.