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PR is automatic, at least since 2006. Were you working since 2000 in the UK?JennyK wrote:Unfortunately I never applied for Permanent Residence in the UK...is it automatic considering the length of time I spent there?
Did you ever say that you had left the UK permanently or forever or for good or something similar? Please check and remember carefully!JennyK wrote:In the visa application we said that I lived and worked in the UK for 13 years and then made a very difficult decision to leave my job in England and move to Turkey to live with my boyfriend (now husband). I also wrote a statement detailing my relationship with my husband (i.e. how we met, the holidays I took to Turkey to see him before moving...all to prove that we have a genuine relationship). I also provided my final council tax bill and the tenancy agreements for my flat in London (to prove that I have a property and a place to live when we go to England).
Too much information just confuses the situation. Your solicitor was, in my opinion, wrong. Oh well.JennyK wrote:Seems like I did give too much information but I was informed by an immigration solicitor to provide as much detail as possible rather than too little. I've looked at the consular website and unfortunately you cannot make a complaint about a refusal, you can only appeal or reapply. One last query I have is can you please advise me what I should write when I reapply to avoid getting the same response?
A friend of mine and her husband (nonEEA) got refused because of the same reason. They applied from outside of the EEA Union (in Russia) for EEA FP to visit the UK for 5 days. The refusal letter had the standard phrase "I am not satisfied that your EEA wife is exercising treaty rights in the UK". They suggested her husband to apply for a general visitor visa and pay for it. She (Bulgarian citizen) asked the Bulgarian SOLVIT for help. Borislav Dimitrov (Bulgarian SOLVIT) wrote to her that SOLVIT cannot help her because according to the Directive 2004 article 3, the Directive applies only to movement within the borders of the EU, which according to him means that if a EEA and a non-EEA are currently outside of EEA, nonEEA looses his/her rights to accompany EEA spouse on EEA rules (free of charge visa etc.) and must apply for a general tourist/visitor visa.Lucapooka wrote:It looks like the ECO was not competent to make a decision on an EU application and with regard to the paperwork not being returned, it also looks like the visa post is completely mismanaged. If you look at the consular website there should be an address for ECM complaints. You should contact them and ask not only for your paperwork, but also an immediate reconsideration by an ECO who understands the EU rules.
Can you please explain more in general about this free legal representation. What is the scope of the representation in a particular case? What are the requirements for getting this assistance?EU_lawyer wrote:You should refer your friends to Your Europe Advice and they should explain that SOLVIT Bulgaria has been unable to resolve the matter.
Your Europe Advice is able to refer cases for free legal representation by a partner law firm.
Thanks very much...I might just take you up on that offer as I'm really unsure how to word a letter for the next application. I'm still undecided about whether to reapply or appeal. Our intention was to go to England in January so I think we have enough time to wait for the appeal if we decide to do it.Directive/2004/38/EC wrote:Frankly you do not need to prove you have PR at this point. But I think it is worth making a claim to it in your cover letter and including some evidence. I am happy to assist with how I might write such a cover letter were I in the same situation.
Yes, I have copies of everything apart from a final council tax bill for my flat in London but I don't think I really needed to submit it in the first place.Directive/2004/38/EC wrote:Did you keep photocopies of everything you submitted the first time, such as the letter?
Moreover, on the SOLVIT webpage there is a sample story how SOLVIT helped to resolved similar issue (applying for EEA FP from outside of EU). My friend mentioned that in her letter to Bulgarian SOLVIT officer but it did not have any effect on him. He just ignored it.Lucapooka wrote: I'm in Brazil and have seen many Brazilian friends with dual nationality (Port or Ital) go to the UK with their non-EU spouses on an EEA Family Permit. They had no difficulty getting this where the EU national and the non-EU national were both outside the EEA.
Thanks. I let them know.EU_lawyer wrote: You should refer your friends to Your Europe Advice and they should explain that SOLVIT Bulgaria has been unable to resolve the matter.
Your Europe Advice is administered by ECAS (European Citizen Action Service) on behalf of the European Commission.Directive/2004/38/EC wrote:Can you please explain more in general about this free legal representation. What is the scope of the representation in a particular case? What are the requirements for getting this assistance?
So the "retention of PR" clock started ticking then. If you move back to the UK before "2 years" has elapsed, then you retain your PR. If you move back at "2 years" or "2 years plus one day", I am pretty sure you will loose your PR.JennyK wrote:I moved from England to live with my boyfriend in Turkey in January 2010
With PR it means you are not required to be working or otherwise exercising treaty rights. If you have PR, you could mail your husband's Residence Card application to UKBA from the airport on arrival, since you (the EU citizen) are not required to be working or doing something else.(2) Once acquired, the right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.
Hard to say. January is only 3 months away (yikes!). Appealing can be awfully slow.JennyK wrote:Thanks very much...I might just take you up on that offer as I'm really unsure how to word a letter for the next application. I'm still undecided about whether to reapply or appeal. Our intention was to go to England in January so I think we have enough time to wait for the appeal if we decide to do it.
Perfect!JennyK wrote:Yes, I have copies of everything apart from a final council tax bill for my flat in London but I don't think I really needed to submit it in the first place.Directive/2004/38/EC wrote:Did you keep photocopies of everything you submitted the first time, such as the letter?