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You can complain. You may have confused matters by including P60s, but the PR card evidence is unequivocal.anu2007 wrote:Im a non eu national and applied for EEA4 last year october and waited seven and a half months to get their decision.Yesterday I got their decision. It was refused giving the reason that I did not prove that my wife who is a polish national completed her first year as a worker registration scheme. She started working aug 2005. we married june 2007. She applied for PR and obtained the PR in 2010 after exercising 5 years of her treaty rights.so after completing my 5 years I applied for PR using EEA4 form last october. In the application I tick the box saying my wife has obtained PR and sent the PR card as evidence. Sent her p60 from 2005 to 2012 not to prove she was exercising her treaty rights but to prove we were living in the same address. When she obtained the PR there is no need to prove she was exercising treaty rights as states in the law and the application form. And sent other documents to prove she dint leave UK for a long time after obtain the PR. I think case worker has failed to noticed the PR card and made his or her decision based on the P60 that I sent. They gave me option to re apply or got to the tribunal. Its clear here the case worker has failed to consider her PR document and unlawfully rejected my application. I need advice from some one on this as for the options I can take. Can I write to them and ask them to review the application as this is an error made by them?Will they even read the letter?Or should I reapply and wait another 7 months period or pay money to go to the tribunal?Really appreciate everyone's thoughts about this.
You are quite correct that it open for the poster to appeal. An appeal that they would surely win. Is that likely to be quick?Obie wrote:Well, in my opinion, if someone has been given an appeal right, then there is no need to complain.
If a matter was not consider, you could ask for reconsideration,; which could take longer than the appeal.
If in refusing the application, they mentioned the PR card as part of the document they have considered, then there is no need to ask for consideration, as there is no new evidence to consider.
Appealing might be the best option.
I would most certainly complain about this in addition to the part about the refusal.anu2007 wrote:... and waited seven and a half months to get their decision.Yesterday I got their decision...
Thank you everyone for your replies.Really appreciate it.EUsmileWEallsmile wrote:@OP, could you clear something up?
Did the Polish national comply with the WRS requirements? I know they successfully obtained PR confirmation.