PR requirements changed for A8 and A2 nationals : ECJ ruling

[EUsmileWEallsmile]

Ok, well that eliminates the possibility that the case worker was not aware of the ruling (unless of course they didn't read your letter).

You could appeal, you could also complain. You can do both together.

[Directive/2004/38/EC]

Yes, I have included a cover letter to mention that I wish to apply for PR on the basis of my being resident in the UK from 2005- 2010.

What evidence did you provide that you did not have a period of time outside the UK of more than 2 years between 2010 and 2013? A pay slip, for example, from 2011 and 2012 would do for instance.

You should also read and reference the decision in http://www.freemovement.org.uk/2013/07/ ... -evidence/

[astra_zeneca888]

I did not provide any documents to cover for 2011 and 2012. If they would have asked me to provide additional evidence, I would have done so. My understanding is that I have to submit 5 years 'lawful' residence not longer than that.

I have been unemployed since Dec 2010. During 2011 I have claimed JSA until Dec 2011. I was still unemployed during 2012. In Jan 2013 I commenced and completed an intensive vocational training course which is due to continue from September.

Unfortunately, I can not provide any payslip for 2011 or 2012. I did however provide them with a latest utility bill to cover for period up until Feb 2013.

I could also provide a First-Tier Tribunal decision which confirms that I have retained worker status following unfair dismissal on grounds of maternity and thus involuntarily unemployed. My last employment terminated in Dec 2010.

I would expect UKBA to ask for further evidence if needed before a refusal letter is issued but they did not ask for it....

I am not sure now how to resolve this situation....

Thank you for your suggestions.

[Jambo]

I'm confused.

I did not provide any documents to cover for 2011 and 2012.

.

I did however provide them with a latest utility bill to cover for period up until Feb 2013.

Do you mean you only provided one utility bill from 2013?

You are not required to provide evidence of treaty rights beyond the 5 years. However, you are required to provide evidence of presence in the UK since the end of those 5 years if that is more than 2 years ago (to prove you didn't lose the PR status).

So - have you provided any evidence to show that from the end of the 5 years in 2010, you haven't left the UK for more than 2 years? Utility bills, tenancy agreement etc are all accepted.

[astra_zeneca888]

Well, this is exactly what they wanted to see - 'evidence of how you have exercised Treaty Rights from December 2010 to date'

So, yes, they did actually wanted to see evidence BEYOND the 5 years period required for this type of application.

This being one of the reasons for the refusal.

Regarding recent evidence of being present in the UK since 2010, I sent a copy of my current Tenancy agreement signed the 6th FEB 2010 and twice extended since then, also utility bills dated from 2010 and 2011. I did not think it was necessary for me to provide - as you mentioned - any evidence beyond the 5 years period.

All in all, I have provided various evidence to cover for 2003 to 2011.

I could provide most recent utility bills and bank statements if only they asked for it. They never asked to see additional documents.

[Jambo]

They hardly ask for more info. It is just easier to refuse.

In that case, I would write a letter back to the caseworker asking for reconsideration as all the required evidence has been provided.

[astra_zeneca888]

In the past, they did ask for more info, they could have done the same here.

But what about the exercise of Treaty Rights from Dec 2010 to date? This means I have to provide evidence beyond the 5 years period?!

[astra_zeneca888]

From the letter they provided me with, it sounds like they encourage me to submit a new application - for which I now have to pay £55 as from the 1st July - or appeal the caseworker's decision which costs around £140 just to submit an appeal....!!

Can I write to them to reconsider the case and include more info which they haven't seen previously?

[Directive/2004/38/EC]

From the letter they provided me with, it sounds like they encourage me to submit a new application - for which I now have to pay £55 as from the 1st July - or appeal the caseworker's decision which costs around £140 just to submit an appeal....!!

Can I write to them to reconsider the case and include more info which they haven't seen previously?

Yes you can write to them. Especially if they have incorrectly applied the law or overlooked law.

Also, if you appeal you should request the appeal fee to be refunded if you win. They are only allowed to charge a small amount for the RC, and if you won the appeal you will have paid more than that amount for the application

[EUsmileWEallsmile]

Well, this is exactly what they wanted to see - 'evidence of how you have exercised Treaty Rights from December 2010 to date'

So, yes, they did actually wanted to see evidence BEYOND the 5 years period required for this type of application.

This being one of the reasons for the refusal.

Regarding recent evidence of being present in the UK since 2010, I sent a copy of my current Tenancy agreement signed the 6th FEB 2010 and twice extended since then, also utility bills dated from 2010 and 2011. I did not think it was necessary for me to provide - as you mentioned - any evidence beyond the 5 years period.

All in all, I have provided various evidence to cover for 2003 to 2011.

I could provide most recent utility bills and bank statements if only they asked for it. They never asked to see additional documents.

A refusal ought to be in a manner that the applicant understands. The refusal as stated does not address their presumed requirement that you didn't break your PR having acquired it.

A statement that you didn't absent yourself for more than two years might have been enough if this was their reason for refusal.

[astra_zeneca888]

It is UKBA's normal practice - especially when it comes to EEA applications - to request for additional evidence if necessary, and they have done so in the past. I have the required evidence ready, it was just a matter of requesting for additional evidence. I have not been given the opportunity to provide the evidence they expected to see. I tried to make the bundle as light as possible , as someone on this forum has suggested, but this did not work out for me.

Also, there is nowhere said on the application form that I should include evidence of residing in the UK beyond the 5 years period...how am I suppose to know?

I will write them a letter asking for reconsideration. I understand I am not required to submit evidence of exercising Treaty Rights beyond the 5 years period, however I will enclose evidence of my being continuously resident in the UK since 2010.

[Jambo]

Also, there is nowhere said on the application form that I should include evidence of residing in the UK beyond the 5 years period...how am I suppose to know?

I guess they didn't think people would apply based on 5 years which ended several years back. Form EEA4 (for family members) does have such statement in section 8.2.

I will write them a letter asking for reconsideration. I understand I am not required to submit evidence of exercising Treaty Rights beyond the 5 years period, however I will enclose evidence of my being continuously resident in the UK since 2010.

I believe that most likely they will reconsider the application and confirm the PR.

[astra_zeneca888]

Thank you, Jumbo.

It is now allowed to include time spent in the UK under the ECAA when requesting PR - following the ECJ ruling in Ziolkowski et al., also in the case of Carussi.
This is my case, as I have requested to include time spent in the UK under the ECAA agreement; I am free to choose any 5 year period of exercising Treaty Rights.