EEA4 REFUSED WITHOUT TAKING WIFE'S PR INTO ACCOUNT

[anu2007]

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.

[Imshzd]

Your case is very clear.
It's better if you request for re consideration.

[sheraz7]

If your Polish wife got her PR successfully then she must have been registered under WRS scheme. Therefore, the decision is wrong to refuse you because you already spent 5 years and your EEA partner holds PR and even the P60s you attached is more than enought. Yes reconsideration could be best where you should ask for priority treatment too for this mistake.

[EUsmileWEallsmile]

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 can complain. You may have confused matters by including P60s, but the PR card evidence is unequivocal.

If you reapply, you will wait. If you appeal, you will wait. Complain and insist that it is treated as the same application already made.

[Obie]

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.

[EUsmileWEallsmile]

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.

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?

That said, in my opinion, it is likely that the case worker either failed to take into consideration the evidence before them, or failed to understand the law. This is why I thing a well targeted complaint could help expedite matters.

There is no harm in doing both at the same time.

[EUsmileWEallsmile]

... and waited seven and a half months to get their decision.Yesterday I got their decision...

I would most certainly complain about this in addition to the part about the refusal.

Was your passport retained? Were you given a residence card instead, given that you appeared to have included evidence that the EU national is currently working.

[EUsmileWEallsmile]

@OP, could you clear something up?

Did the Polish national comply with the WRS requirements? I know they successfully obtained PR confirmation.

[anu2007]

@OP, could you clear something up?

Did the Polish national comply with the WRS requirements? I know they successfully obtained PR confirmation.

Thank you everyone for your replies.Really appreciate it.
Yes EUsmileWEallsmile,.she registered with the scheme. And still working for the same employee. I provided continuous p60s from 2005 to 2012 that might confused the case worker and failed to identify the PR card as a permanent residency document. But i clearly state in the application also that she already has PR too. That makes me think that they consider the PR status but ignored that and made the decision based on p60s?Anyway I'm writing them to reconsider and write to my local MP to make sure they at least read the request letter. In the mean time will be ready to appeal filling the appeal forms cause It has to be made within 10 business days.Let you guys know if home office replied to the review request

[EUsmileWEallsmile]

Thanks for clarifying that.

[anu2007]

Hi Guys,
Today I received a letter from the Home office. They've confirmed my PR status and sent the sticker endorsed in a paper document. I think I have to pay a fee and apply to transfer it to my passport. Anyaw main thing is now I can focus on me and my family's future without worries.
Thank everybody for your comments and advice.

[Jambo]

Congratulations. That was quick. How did you get them to sort this out? Did you complain? Write to caseworker for reconsideration?

The PR on paper is as good as one placed in the passport. There is no need to transfer it to the passport. There is no process of transferring a EEA document to the passport. You need to make a new application to do so.

[anu2007]

I wrote a letter to the head of the department where the initial decision was made asking to reconsider it and give it the priority treatment as well. And also wrote to my local MP. He sent me a letter saying he wrote to the UKBA and will write to me again when got a reply. The letter I got today was issued on 17 th June the same date they received my request. So they must have consider it without MP's letter.
Anyway how about travelling with this document?Will i have any issue when i return to UK because its not endorsed in the passport?

[sheraz7]

@anu2007
Good to hear that your reconsideration request received priority treatment. Your PR on page along with passport must have same worth like being endorsed on passport but transferring it to passport is same like a fresh application to make. I think best would be to wait 1 years for proceeding to naturalization instead of queueing again for EEA4.

[anu2007]

Thanx sheraz7. Yes I think its better to wait 1 year. And thanx to you I requested priority treatment in the letter. You mentioned it in your advice before.

[EUsmileWEallsmile]

Also, I am glad that it worked out.