Hey everyone, I would like some advice please. Let me tell you a bit more about my case first.
I non Eu citizen, been in the uk since dec 2002 and married to an eu citizen here in uk since 2009. My wife has applied for the " working registration scheme " 2007 and has been living here with me and exercising her treaty rights ever since. She has always been in employment throughout her stay. She applied for her permanent residence eea3 and received it in aug 2012. I applied for eea2 in 2009 and received a valid " residence card of a family member of an eea national ". In november 2012 i applied for eea4 but was refused, but the letter accompanying it makes it even more confusing for me.
On the first letter " notice of immigration decision "
It states "refusal to issue permanent residence card " ( No requirement to leave the uk )
It continues to say ... you have applied for permanent residence on the basics you are the family member of an eea national, however you have not resided in the uk with your family member for 5 years ????
We have always been living together, i have provided my tenancy agreement which has both our name on but it is a continous of 12 month, which we still hold for 4 years now is that not sufficient ?
the second reason says However information held by the uk border agency that the passport of you eea sponsor has been reported lost or stolen to the relevant authorities.
My wife had to travel for emergency travel and requested her passport back from the home office, they promised it would arrive on time, but the day before she had to travel nothing arrived, so she had to get a temp travel doc from her embassy. For her to return back, her passport office there required her to have a passport to go back as they would not provide tmp travel document. She has not declared her passport lost or stolen as they passport was already nearing expiry date.
On the "reason for refusal letter" it states : you have stated you wish you rely on family or private life in the uk under article 8 of echr appendix fm paragraph 27ade. Since you have not made a valid application for article 8 consideration has not been given as to whether your removal from the uk breach article 8 of the echr. Additionally it is pointed out that a decision not to issue a residence card/ permanent residence card does not require you to leave the uk if you can otherwise demonstrate that you have a right to reside under the regulation ????
I am married to my wife eu citizen with permanent residence ? is that for real, they are trying to remove me ?
It is very confusing, i don't understand it, which one is correct ? i can stay or i have to leave ? Also got an appeal letter which i think will go to waste rather do a new application.
But my questions are :
As i am married to my wife an eu citizen with eea3, can they seperate us ? also why do they say no requirement to leave on one letter and you are required to leave on the other ?
I would much appreciate some advise on this matter, as i am thinking of resubmitting the application with all the necessary documents. I have proof of us living together, but i think it might be the issue with my wife passport that got the application refused.
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222