EEA PR Refusal Advice

[mall]

Hi All.
Sadly,I received a refusal on my PR application after almost 7 months.I applied on 4/11/15 and received the refusal letter on 28/05/16.My application was refused because the case worker said from their office investigation I stopped living with my EEA family member brother which is not true because we included bank statements for both of us for every year and other jointed utility bills.
Secondly,My brother was on a mix of job seekers and self employed for about 2 years but the case worker said he only provided one refusal letter while looking for work.We sent a well arranged folder for every year and we also sent payslips and P60 from 2006 to 2010 to show that he automatically acquired permanent residence as a eea national because my brother had a resident card dated 2007 January though he didn't apply for PR card.The folder also included proof from 2010 to 2015 with P45,Self employed documents,NI payments receipts and work and tax history.
My brother was shocked to receive with the bundle from ho,a refusal letter that PR application has been refused and he should leave the country but he never applied for PR.We Were sent a right of appeal document.
I called ho today and non of the staff could explain the letter but I was told we could not send a reconsideration and was given an email for public enquiry department.
Sorry about the long explanation but I need advice if anyone can help please because all the lawyers I contacted are asked for a lot of money.
Thank you

[noajthan]

Hi All.
Sadly,I received a refusal on my PR application after almost 7 months.I applied on 4/11/15 and received the refusal letter on 28/05/16.My application was refused because the case worker said from their office investigation I stopped living with my EEA family member brother which is not true because we included bank statements for both of us for every year and other jointed utility bills.
Secondly,My brother was on a mix of job seekers and self employed for about 2 years but the case worker said he only provided one refusal letter while looking for work.We sent a well arranged folder for every year and we also sent payslips and P60 from 2006 to 2010 to show that he automatically acquired permanent residence as a eea national because my brother had a resident card dated 2007 January though he didn't apply for PR card.The folder also included proof from 2010 to 2015 with P45,Self employed documents,NI payments receipts and work and tax history.
My brother was shocked to receive with the bundle from ho,a refusal letter that PR application has been refused and he should leave the country but he never applied for PR.We Were sent a right of appeal document.
I called ho today and non of the staff could explain the letter but I was told we could not send a reconsideration and was given an email for public enquiry department.
Sorry about the long explanation but I need advice if anyone can help please because all the lawyers I contacted are asked for a lot of money.
Thank you

You have three challenges.
1) Your sponsor needs to have been exercising treaty rights continuously unless or until he had acquired PR. Otherwise he may have no current basis to reside/work in UK.

2) And you, as an extended family member, have to prove some degree of dependency (not necessarily 100%) and/or membership of brother's household. Otherwise you have no basis to reside/work in UK.

3) Even if you can demonstrate dependency your brother still needs to show he is a qualified person or has acquired PR before your status can be regularised.

It seems the quality of your evidence may have been lacking.

A RC from 2007 does not prove your brother has acquired PR.
One letter does not prove jobseeker status.
Evidence from 2006-2010 is only 4 years.
A bank statement in itself does not prove you are a member of a household. It could be a correspondence address.

What nationality is brother? Is he an A8 national?
Was brother's self-employment genuine and effective work (including paying tax/NI and generating a reasonable income)?

Do you live with brother with him as head of household?
Are you dependent on brother for basic needs (food, housing)?

Are you not able to provide tax, medical, driving license, voter registration (maybe) plus various community &/or church/temple/mosque/library and other such details?

[mall]

Hi noajthan,
Thanks for your quick reply.I provided all my P60 for 5 years,joint council tax bills, car papers, NHS correspondence,bank statements,utility bills i .e water bill and TV licence.There was also the P45 for 2011 for my brother and self employed documents for 2012 as a taxi cab driver,his bank statements and other P45 for his other job seeking period and my brother is a Dutch national.
Is there any chance if we go for an appeal that it will succeed.

[noajthan]

Hi noajthan,
Thanks for your quick reply.I provided all my P60 for 5 years,joint council tax bills, car papers, NHS correspondence,bank statements,utility bills i .e water bill and TV licence.There was also the P45 for 2011 for my brother and self employed documents for 2012 as a taxi cab driver,his bank statements and other P45 for his other job seeking period and my brother is a Dutch national.
Is there any chance if we go for an appeal that it will succeed.

Does that mean you do still reside with brother?
Do you know why caseworker could not see that?

Have you been given appeal rights or reconsideration rights?
- reconsideration is just an opportunity to address any administrative errors on part of HO.

Brother's evidence of exercising treaty rights seems patchy.
Does he not have any recent evidence?
If you cannot demonstrate he is/was exercising treaty rights continuously (or has acquired PR) your status won't be resolved.

[mall]

Thanks noajthan.
I have been living continuously with my brother and all his payslips from 2014 after he stopped been on jobseeker and his paid NI receipts and tax history till the time of the application was included in the bundle sent to ho. His driving licence and taxi licence,car insurance,DVLA papers as well but the case worker also stated business plan and yellow pages advert for self employed but my brother worked for a cab office and there was a letter also included from the taxi office.
I am really confused as my employer has requested a new coa or my PR card.

[mall]

Sorry forgot to say that the refusal letter was sent with a form for right of appeal.

[Carling40]

Hi mall
Sorry to hear you've been refused the confirmation you requested. I've been refused also so I know what it feels like. Okay to actions...
I'd take anything the helpline tell you with a pinch of salt, you know what the requirements are the caseworker either agrees based on the documents you've provided or not. I'd suggest write down a list of all the documents you supplied, have a look at the "list of documents given consideration to" in the refusal letter and see if there's anything not listed which was provided and would have otherwise changed the decision then this would be grounds to ask for a reconsideration. If they refuse to reconsider they'll write to you and say no. See link below
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

If they say no, then simply exercise your right to appeal against the decision if they are wrong.
If your previous COA had the right to work, your welcome to ask for another to pass on to your employer, or your employer (with your consent) can carry out a ECS check direct with the home office to excuse themselves from liability.
Hope this helps

[noajthan]

Sorry forgot to say that the refusal letter was sent with a form for right of appeal.

The key to this seems to be brother's status.

Caseworker has not been convinced he is currently exercising treaty rights.
Nor has she been persuaded he has previously acquired PR.

Suggest brother's status is first thing to establish.
Your status hangs on that.

[mall]

Thanks noajthan and carling40 for all your advice.I am very greatful.

[Carling40]

Totally agree with Noajthan last point, a wise person said to sleep over it and look over the refusal with a fresh pair of eyes and arm yourself with unimpeachable evidence which should help make your next steps clearer. On a positive note in appeal you can add more evidence to what you have already and hopefully the legal system won't dissapoint. Don't be down too much now is the time to act. I'm going through a similar journey so you're not alone.

[mall]

Thanks,Carling 40.

[member]

Did your brother get his PR blue card instead of recidence card in 2007?

http://www.immigrationboards.com/eea-ro ... l#p1227661

[omonile]

Hi Mall,
what was your brother doing in in 2011?if you can proof excercise of treaty right from 2006 to 2011,and evidence that he has not been out of the country for two years and you can proof your dependecy for the duration of current resident permit.you will be fine.you can get a statement of earning for your brother(with his consent) from hrmc,thay might help break down is treaty right and hopefully help resolve the matter.All the best!

[mall]

Hi,omonile and members,
My brother got the blue card for EEA national in 2007.He was a job seeker part of 2011 and he has P45 from jobseeker and there's also P60s and payslips from 2006 to 2010 and he not been absent for 2 years.
Thanks for all your advice and I have decided to seek legal advice regarding the appeal.Thanks all.

[mall]

Hi All,
Can anyone help me regarding how long it takes to get a reply from the tribunal informing you know that an appeal has been lodged. My reason for asking is because I was told by a member of the Ukba call centre that I have to include the appeal number to request for a new coa with the right to work as my employer has told me that my employment will be terminated but I can appeal and continue working if I can present a right to work within the time limit for my job appeal.
The EEA( PR ) appeal was lodged on the 3/6/16.
Please.I need help.Thank you.

[Carling40]

hi mall
it can take up to 10 working days for the data processing team at the tribunal to process your appeal on the system. you can just send an email with Name, Nationality, Case id and DOB to NWEUROCOARequests@homeoffice.gsi.gov.uk tell them you've lodged your appeal and cross your fingers that they send you another COA. i would also implore you to ask your employer to carry out a Employer Checking Service ECS check directly with the home office to excuse themselves from liability as its their responsibility to do so. Your employer should then hopefully get a positive verification that allows you to work for the next 6 months.
good luck

[mall]

Thanks Carling 40.I will send an email and pray they send me a new coa.

[mall]

Hi All,
I will appreciate any advice.I am in a delemma.My employer has terminated my employment because my coa has expired and HO has refused to issue me with a new coa.I sent emails and also a letter to the coa department requesting a renewed coa but no reply from HO.
Don't know what else to do.Please advice.