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Hi John,John wrote:Gino, what was the reason given for refusing the application?
You say your wife is working so she appears to be exercising her treaty rights. Could it be that you have simply applied for Permanent Residence too early? How long have you been living in the UK as a family member of an EEA citizen?
Do you mean Residence Permits ... plural? Your wife has been exercising her treaty rights for over five years? Has she had an application for Permanent Residence rejected?our Residence Permit was issued in April 2001, expiring in April 2006
Hi John,John wrote:I would suspect that EEA2 is correct for you. Your wife? Has she been exercising treaty rights in the UK for at least five years? If so the form should be EEA3. If less than five years then EEA1.
But earlier in this topic you posted :-
Do you mean Residence Permits ... plural? Your wife has been exercising her treaty rights for over five years? Has she had an application for Permanent Residence rejected?our Residence Permit was issued in April 2001, expiring in April 2006
Is it simply the case that insufficient proof of exercising treaty rights was provided in support of the application(s).
Finally, your wife's nationality?
We've sent P45's, P60's, current Job contracts/letter from employers. And the thing is, they've kept most of these documents with them. We didn't receive them, just a few P45's.John wrote:What proof was enclosed to show that treaty rights had indeed been exercised for 4 years, when the two of you applied in March this year?
I've contacted them twice this morning and the only way out is the EEA1 and EEA2.John wrote:That being the case I really don't understand why the applications have been refused. It does not make sense!
OK you might not have a right of appeal but have you written back asking for a Manager's Review? You never know, that might work.
Or could it be they mislaid the documents that have not been returned to you before they made their rejection decision.
Why not do both? Submit the EEA1 & EEA2 ASAP, but also seek a review of the rejection of the EEA3 and EEA4 applications already made.I thought about writing for a review, but I'm sure this will take ages, so I'll apply for the EEA1/2 as soon as I can.
Hi Glauco,Glauco wrote:Hi,
My question is: has your wife out of employment any time during these 4 years? I mean, has she changed jobs and then out of work for 1 or 2 months for example?
Maybe they considered this gap and then rejected the permanent visa.
I have a friend (dutch) who got the permanent visa denied and his wife (non-EU) got a letter saying that because her husband had the permanent visa denied, she should leave the country in 28 days!
They appealed, spent money with lawyers, but at least she could renew her visa, although only extension and not permanent one.
Gino, could you provide us with info on the length of your spouse's unemployment. Basically the law is that she needs to be in employment for a consecutive 5 years without meaningful breaks (eg unemployment or in school/uni without a part/full-time job). So yeah that's precisely why your application was denied. Its entirely dependent on her working for 5 years straight, your employment status is actually irrelevant.Gino wrote:Yes, we have been unemployed. I do think that's the main reason as well.