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Permanent Residency appeal refused.

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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jpAndre
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Joined: Fri Oct 12, 2018 10:08 am
United Kingdom

Permanent Residency appeal refused.

Post by jpAndre » Fri Oct 12, 2018 10:36 am

Well, now I'm totally confused. Person had to wait for ages when she just applied for a Permanent Residency first, but she got refused and the reason was the lack of evidence. At least the reason was clear and she did appeal, proving her employment for over 5 years in total. After yet another long period of waiting to hear back about the appeal, she gets the refusal once again. But the reasons is so confusing this time, so therefore I decided to come here for some help. Here's the reasons why her appeal was refused:

Reasons why your request has been rejected:

We can only reconsider an application for documentation under the Immigration (European Economic Area) Regulations 2016 where:
* You have raised a point of law - this could include where you think that the wrong regulation has been applied to the refusal.
* you have raised a point of Home Office policy - this could include where the wrong policy has been applied.
* you have drawn attention to the fact that evidence, alleged not to have been provided in support of the application, was actually with the Home Office at the relevant time.
* new and compelling evidence was submitted before the refusal decision was dispatched that would have led to documentation being issued.

You have requested that we reconsider your refusal decision because additional evidence was submitted after the application was refused. Your request does not meet any of the above criteria and therefore has been rejected.

End of quote

Can anybody help me to understand such decision? It got me puzzled here, really. She's in UK since 2011, in 2012 was getting Maternity Allowance as her daughter was born, well, here in United Kingdom! She was in constant employment for over 5 years too and confirmed it. Only left country on holidays, for couple of weeks and that's all! What's going on with the law these days? Sorry for a bit of a steam, it really got me here, so much money and effort spent by that single mum, yet Home Office continues to humiliate her.

Any help would be greatly appreciated.

Thank you in advance.

PS. She has Latvian passport.

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CR001
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South Africa

Re: Permanent Residency appeal refused.

Post by CR001 » Fri Oct 12, 2018 10:39 am

Assuming she applied for £65 PR under the EU regs (not sure what cost so much money, the appeal?) topic being moved to the EEA route sub forum.
so much money and effort spent by that single mum
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

obormot
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Joined: Tue Apr 16, 2013 2:40 pm
Location: Glasgow
France

Re: Permanent Residency appeal refused.

Post by obormot » Thu Oct 18, 2018 11:28 am

It seems she applied for “reconsideration”, not judicial appeal. (This is free).
They only “reconsider” if decision was their mistake (like they did not notice some evidence she sent).
Most probably, in her case she did not send sufficient evidence first time, so it was not their mistake.
Thus, instead of asking ro reconsider she should apply fresh, submitting everything, and paying £65.

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