Is reconsideration for refusal of EEA4 possible?

[naija99]

Is it possible to request a reconsideration rather than appealing or applying again for permanent residence on EEA4.

The reason for this is because UKBA have refused a family members application stating "your EEA national claims to have a document certifying permanenet residence however according to our records your EEA national does not have a document certifying permanent residence".

They have stated this despite the fact that they issued the blue card in 2009 and the original blue card was submitted with the application.

Can the whole application be returned asking that they check their records carefully and reconsider?

[toni34]

you can appeal

[Jambo]

If you got the name of the caseworker in the refusal letter I would write a letter addressed to him pointing to the mistake and ask for a reconsideration.

[Englandd]

If that is their system record error then you can ask for reconsideration and hopefully you may get priority treatment.

[naija99]

Thanks for all replies. Just wanted to be sure.

[John]

Something here I do not understand. If the spouse/partner's Permanent Residence Card was issued just three years ago, how did the person now applying for their Permanent Residence Card get their Residence Card say five years ago?

There is probably an easy answer, but what is it?

[Jambo]

EEA national moved to the UK in 2004.

Spouse moved to the UK / They got married in 2007.

RC is issued in 2007 (EEA national not PR yet).
PR Confirmation issued to EEA national in 2009.
Spouse apply for PR Confrmation in 2012.

[naija99]

Hello

Can anyone shed light on this issue? As I mentioned in my initial post, UKBA refused the application for PR, stating:

"your EEA national claims to have a document certifying permanenet residence however according to our records your EEA national does not have a document certifying permanent residence".

They have stated this despite the fact that they issued the blue card in 2009 and the original blue card was submitted with the application.

Whilst the application was refused, they returned the family members passport endorsed with a RC valid for a further 5 years.

Can the family member go on to apply for naturalisation in one year? Or is it best to return the passport and demand the PR that was applied for.

Please note that the EEA national was genuinely granted the blue card by UKBA themselves in 2009 and it was submitted with the family members application for PR.

[Jambo]

Are you sure the blue card is a PR? Was it received following a EEA3 application after 5 years of living in the UK? What does the actual vignette in the card say?

[John]

"your EEA national claims to have a document certifying permanent residence however according to our records your EEA national does not have a document certifying permanent residence".

The document issued in 2009 to the EEA National, was that enclosed with the application?

[naija99]

Yes! And they returned it with the refusal letter and other supporting documents.

Then in a separate envelope but dated the same date (22 October)a separate letter enclosed the passport endorsed with a 5yr RC.

[John]

Certainly ask for reconsideration. On the face of it, a bizarre decision.

[naija99]

The vignette on the EEA national's blue card states
"Type of Document: Registration Certificate"

Its dated 18 Feb 2009

[John]

So it does not mention the word "Permanent"? If not, why are you think that was a grant of permanent residence?

[naija99]

Wasnt sure of the difference - i assumed it was PR
So does that just mean the EEA national can reside in the UK?

Will the family member be able to qaulify for PR next year, i.e. after 6yrs?

[Jambo]

Wasnt sure of the difference - i assumed it was PR
So does that just mean the EEA national can reside in the UK?

Will the family member be able to qaulify for PR next year, i.e. after 6yrs?

It just means that in 2009, the HO confirmed the EEA national was exercising treaty rights.

As for the family member PR, it depends on the EEA national activities. Have the EEA national exercise treaty rights for continuous 5 years? If he did, then the family member would obtain PR after 5 years of residence.

I assume the family member is the wife/husband/child of the EEA national (and not an unmmarried partner/brother/cousin etc).

[naija99]

Ok, that makes sense now. Thanks.

Yes, the family member is a daughter to the EEA national.

The EEA national has been exercising treaty rights for a continuous period of 5 years but UKBA have stated that the P60s and payslips etc recorded very low earnings. The EEA national will therefore have to ensure his 5 year record is complete before the family member applies for PR again.

[Directive/2004/38/EC]

The EEA national has been exercising treaty rights for a continuous period of 5 years but UKBA have stated that the P60s and payslips etc recorded very low earnings. The EEA national will therefore have to ensure his 5 year record is complete before the family member applies for PR again.

What exactly did they say about low earnings? How low were the earnings exactly?

http://eumovement.wordpress.com/2011/12 ... -a-worker/ may be worth reading.

6.2.1.1 “Worker” is defined in the Immigration (European Economic Area) Regulations 2006 as ‘within the meaning of Article 39 of the Treaty establishing the European Community’. This suggests that a worker is a person who is employed, actually or potentially, under a contract of employment and is not a self-employed person. The European Court of Justice, in Lawrie-Blum [1986] ECR 2121, stated that the essential point is that the person provides services during a given time for and under the direction of another in return for remuneration. The EEA national’s position within the organisation, the purpose of the work, the level of income it yields (including whether or not the person has to supplement his or her income by claiming social security benefits), and whether payment is in cash or in kind, are not relevant factors.