Permanent Residence EEA3/4 Refusal

[Gino]

Hi there,

I'd like to know if anyone out there can help me.

I've just received a letter from the Home Office, refusing a Permanent Residence. Our Residence Permit expired 3 months ago (while the HO had the case with them). My wife is european, I'm not, so I need a visa to stay here and continue working. We're both working, but do I have to quit my job now, and apply for residence Permit again? Do I have to go back to my country and wait there?

I thought they would at least inform what we should do, because right now, I don't have a valid Visa in my passport.

What should we do next?

Thanks

[John]

Gino, what was the reason given for refusing the application?

You say your wife is working so she appears to be exercising her treaty rights. Could it be that you have simply applied for Permanent Residence too early? How long have you been living in the UK as a family member of an EEA citizen?

[Gino]

Gino, what was the reason given for refusing the application?

You say your wife is working so she appears to be exercising her treaty rights. Could it be that you have simply applied for Permanent Residence too early? How long have you been living in the UK as a family member of an EEA citizen?

Hi John,

Thank you for replying. I'm going to bore you with some information. The reason given was: "as you have failed to show adequate evidence of your employment in the UK for the past 4 years, we are not satisfied that you have remained in the UK in accordance with the provisions of the EEA Regulations 2000 for 4 years"

Yes, we are both working at the moment. I don't think we have applied for Permanent Residence too early, because our Residence Permit was issued in April 2001, expiring in April 2006. We've applied late March (2006). I just thought that if I waited for the visa to expire, I would be without a valid visa since April. Our application was considered on the basis of HC 395 paragraph 255.

The letter states: "Regulation 26 of the Immigration (EEA) Regulations 2006 only confers a right to appeal against a decision to refuse an EEA Application. However, as previously stated the application you made was considered under the Immigration Rules as European law did not make provision for acquiring indefinite leave. The Nationality, Immigration and Asylum Act 2000 (Section 82) provides that there is a right of appeal against a refusal to vary a person's leave to remain if as a result of the refusal the applicant has no leave to remain. However, as at the time of your application for indefinite leave you had no leave to vary, you have no right of appeal in accordance with Section 82.

If you reapply, you should do so after 5 years of cumulative residence in accordance with the 2000 Regulations and the 2006 Regulations, when you will be entitled to a document certifying permanent residence."

The question I have is: What should we do now? At the moment, I don't have a valid visa. Do I have to leave my current job? What should I apply for?

Thank you

[JAJ]

The question I have is: What should we do now? At the moment, I don't have a valid visa. Do I have to leave my current job? What should I apply for?

Thank you

An urgent consultation with a competent immigration lawyer is required.

[Gino]

Hi guys,

I've contacted the Home Office and I was advised to apply for another Residence Permit, using EEA 1 (for my wife) and EEA 2 (for me). Is this correct?

Thanks

[John]

I would suspect that EEA2 is correct for you. Your wife? Has she been exercising treaty rights in the UK for at least five years? If so the form should be EEA3. If less than five years then EEA1.

But earlier in this topic you posted :-

our Residence Permit was issued in April 2001, expiring in April 2006

Do you mean Residence Permits ... plural? Your wife has been exercising her treaty rights for over five years? Has she had an application for Permanent Residence rejected?

Is it simply the case that insufficient proof of exercising treaty rights was provided in support of the application(s).

Finally, your wife's nationality?

[Gino]

I would suspect that EEA2 is correct for you. Your wife? Has she been exercising treaty rights in the UK for at least five years? If so the form should be EEA3. If less than five years then EEA1.

But earlier in this topic you posted :-

our Residence Permit was issued in April 2001, expiring in April 2006

Do you mean Residence Permits ... plural? Your wife has been exercising her treaty rights for over five years? Has she had an application for Permanent Residence rejected?

Is it simply the case that insufficient proof of exercising treaty rights was provided in support of the application(s).

Finally, your wife's nationality?

Hi John,

Yes, she has been exercising her treaty rights for the past 5 years, and her application for Permanent Residence (EEA3) was rejected. I've used the EEA4 form.

Our previous Residence Permit (5-year) expired last April, that's why we've applied for Permanent Residence. My wife is Portuguese.

[John]

What proof was enclosed to show that treaty rights had indeed been exercised for 4 years, when the two of you applied in March this year?

[Gino]

What proof was enclosed to show that treaty rights had indeed been exercised for 4 years, when the two of you applied in March this year?

We've sent P45's, P60's, current Job contracts/letter from employers. And the thing is, they've kept most of these documents with them. We didn't receive them, just a few P45's.

[John]

That being the case I really don't understand why the applications have been refused. It does not make sense!

OK you might not have a right of appeal but have you written back asking for a Manager's Review? You never know, that might work.

Or could it be they mislaid the documents that have not been returned to you before they made their rejection decision.

[Gino]

That being the case I really don't understand why the applications have been refused. It does not make sense!

OK you might not have a right of appeal but have you written back asking for a Manager's Review? You never know, that might work.

Or could it be they mislaid the documents that have not been returned to you before they made their rejection decision.

I've contacted them twice this morning and the only way out is the EEA1 and EEA2.

I thought about writing for a review, but I'm sure this will take ages, so I'll apply for the EEA1/2 as soon as I can. It can take a few months, and I just can't wait.

Thank you for your help, John.

[John]

I thought about writing for a review, but I'm sure this will take ages, so I'll apply for the EEA1/2 as soon as I can.

Why not do both? Submit the EEA1 & EEA2 ASAP, but also seek a review of the rejection of the EEA3 and EEA4 applications already made.

I just want to see how they are justifying the rejection of the applications already made.

[SunBlue]

Hi,
My question is: has your wife out of employment any time during these 4 years? I mean, has she changed jobs and then out of work for 1 or 2 months for example?
Maybe they considered this gap and then rejected the permanent visa.

I have a friend (dutch) who got the permanent visa denied and his wife (non-EU) got a letter saying that because her husband had the permanent visa denied, she should leave the country in 28 days!
They appealed, spent money with lawyers, but at least she could renew her visa, although only extension and not permanent one.

[Gino]

Hi,
My question is: has your wife out of employment any time during these 4 years? I mean, has she changed jobs and then out of work for 1 or 2 months for example?
Maybe they considered this gap and then rejected the permanent visa.

I have a friend (dutch) who got the permanent visa denied and his wife (non-EU) got a letter saying that because her husband had the permanent visa denied, she should leave the country in 28 days!
They appealed, spent money with lawyers, but at least she could renew her visa, although only extension and not permanent one.

Hi Glauco,

Yes, we have been unemployed. I do think that's the main reason as well.
I've contacted the HO 2 times, and I was told I didn't have to leave the country, but I should apply for the EEA2 ASAP.

Are you by any chance Brazilian?

[SunBlue]

Hi Gino, that´s nice that you don´t to leave the country or anything.
Maybe it´s ok if you apply for EEA1/2 now and as soon as you complete 5 years of working time in the UK (ie. your wife exercising EU treaty rights) then you may apply again for permanent.

Yes, I am Brazilian, and living in Scotland... are you Brazilian too?

[breadfan]

Yes, we have been unemployed. I do think that's the main reason as well.

Gino, could you provide us with info on the length of your spouse's unemployment. Basically the law is that she needs to be in employment for a consecutive 5 years without meaningful breaks (eg unemployment or in school/uni without a part/full-time job). So yeah that's precisely why your application was denied. Its entirely dependent on her working for 5 years straight, your employment status is actually irrelevant.

I know I'm probably a bit late on the relevancy of this topic, but if you're still reading this, it'd help me personally if you could shed some light on the periods on unemployment.