EEA4 Visa Refused

Hi all,

I just received my EEA4 application back, with a refusal. I am a US citizen, and married my EU husband in May 2012. I have lived and worked continuously in the UK for the past five years. My husband has been here since 2010, working for the entire duration, and received his PR card in September 2016.  I submitted my application for permanent residency six weeks ago.

The application was refused on the following grounds:

Photos are in the wrong format

Applications must be accompanied by the evidence required by the EEA regulations. We have not received sufficient evidence of you/your EEA National Sponsor exercising Treaty Rights in the UK to support your application

I understand that I was in the wrong regarding the photos, and will submit new ones in the correct format. 

I am confused as to the second reasoning behind the refusal however.  With my application, I had included a letter from from my previous employer, when I worked there from 2012-2013, confirming that I had worked at the company. I had also included a couple months payslips from 2012 and 2013. With my current employee (2013-present), I included a few months payslips from 2013, 2014, 2015, 2016, and 2017. I also included bank statements from the past 5 years, where you could see monthly wages being deposited. I also had a recent letter from HMRC confirming my tax bracket fro the year. By way of the above, coupled with tenancy agreements, utility bills, phone bills, etc - I believe I sent in enough evidence that I have lived here for the past 5 years.

For my husband, I only submitted his PR card.  I did not send in anything relating to him exercising his treaty rights, as the guidance notes stated that if I send in his PR card, that would be sufficient proof.

Can someone please tell me what I should do now? I need to make a fresh application, and include what other further documentation? For my husband, was it not enough proof that he was exercising his treaty rights by sending in his PR card? Should I add in wage slips, work contract, for him as well?  Do they want more proof of my 5 years here?  Has the caseworker made a mistake?

I have read on another forum that I can request an administrative review?  Or should I send in a new application asap?

And technically, am I classified as an overstayer now? 

Any advice that anyone can give me would be greatly appreciated..

Sirius will likely have more info...

But yes, you need to prove your EU partner has been a qualified person at all times while in the UK.

Sirius will likely have more info...

But yes, you need to prove your EU partner has been a qualified person at all times while in the UK.

I was writing a reply to say exactly this, but as he has Permanent Residence, he shouldn't have to provide that proof anymore.

The EEA(PR) guidance notes state:

Subsection A: evidence of the relevant EEA national’s activity as a qualified person
Please provide one of the following:
• your sponsor’s document certifying permanent residence if you answered ‘yes’ to question 9.3

• proof that you have/your sponsor has been a qualified person for the relevant period – see below

I was writing a reply to say exactly this, but as he has Permanent Residence, he shouldn't have to provide that proof anymore.

The EEA(PR) guidance notes state:

Sirius will know.  Where is she?   

Yes, the application said I could supply his residence card or submit evidence that he's been execising treaty rights. 

I sent in hubbys residence card. 

This is so confusing.  Did the caseworker make a mistake?  Or do they want me to send in further evidence to support my application? 

Can I still apply for an administrative review even though I was in the wrong regarding sending in my photos in the wrong format?  Surely the application wouldn't be outright refused on that account?

My husband has been here since 2010, working for the entire duration, and received his PR card in September 2016.

What date did the DCPR state that your husband had acheived the EU's PR? If it's more than 2 years ago then it might be that as PRs expire if they reside outside the UK for more than 2 years that you needed proof that he has not spent 2 years outside the UK since the date he achieved PR.

If he has a valid EU PR, then he doesn't need to exercise treaty rights anymore (while the UK is still in the EU).

Has the caseworker made a mistake?

Could be.

I have read on another forum that I can request an administrative review?  Or should I send in a new application asap?

Does the refusal letter say you can have an appeal? I have no idea if those using the EU routes can have an administrative review. ksand might know.

And technically, am I classified as an overstayer now? 

If your EEA citizen husband is working, then no, you are not an overstayer (even if he has lost his PR for being outside the UK for 2 years). While the UK is in the EU, then as a spouse of an EEA citizen who is exercisiing treaty rights as a "worker qualified person" at all times, or who has a valid PR, then the EU says their Direct Family Members can be in the UK too. A spouse is a direct family member.

Forget about any end date on an RC you had, as those end dates don't mean anything. i.e. your RC become invalid if your EEA citizen sponsor stopped being an EU "qualified person" every day. The EU rules are nothing like a UK "visa" where an end date remains valid.

Does the refusal letter say you can have an appeal? I have no idea if those using the EU routes can have an administrative review. ksand might know.

I'm afraid I don't know - I'm not as well-versed in the EEA side of things compared with the UK immigration side.

I'm afraid I don't know - I'm not as well-versed in the EEA side of things compared with the UK immigration side.

I guess we will have to look to see if an AR is given to everyone I can't see why it wouldn't be.

It's just a case of finding out now if the correct proof was sent.

Yes, the application said I could supply his residence card or submit evidence that he's been execising treaty rights. 

I sent in hubbys residence card. 

An RC is not the same as a DCPR.
https://www.gov.uk/government/publications/apply-for-a-document-certifying-permanent-residence-or-permanent-residence-card-form-eea-pr

Did you submit his DCPR?

One other thing, has your husband become a British citizen now?

Once an EEA citizen becomes a British citizen, they then use UK laws. In other words, all their Family Members in the UK have lost their EEA sponsor.

Thank you for all of the replies so far, very helpful!

My husband came to the UK from Belgium in Oct 2010 - he has been living here and working continuously here ever since.  He received his document certifying permanent residence in September 2016 (we decided to go ahead and apply for it after Brexit). 

I submitted my husband's DCPR with my application.  The application said that if I submit this document, I could bypass the next section, which requested sending in evidence that he is exercising treaty rights.  He has not applied to be a British citizen.  Being that my immigration is dependent on him, we were advised that I should get my PR first before we do anything in route to citizenship. 

The Home Office letter said that "I do not have a right of appeal against the decision to reject your application.  If you would like to make a further application, you should ensure that you include a valid passport or national identity card, pay the correct fee provide the specified evidence and complete the relevant application form".

To be honest, I would not be completely shocked that the case worker might have made a mistake.  When we applied for my EEA2 in 2012, our application was returned to us because they said that we had not provided sufficient evidence that my husband was exercising his treaty rights, despite sending in his work contact, P60s, and payslips.  When we contacted someone about the mistake, it was corrected, and my documentation was issued.

The question is - what to do next?  I guess I don't have a right to appeal and should submit a new application?  Very frustrating.  When they ask on the application if I ever had a visa refused, should I check "yes"?  Should I submit anything in addition to what I have already submitted?  Would sending in hubby's payslips, contract, P60s, etc help? 

My husband came to the UK from Belgium in Oct 2010 - he has been living here and working continuously here ever since.  He received his document certifying permanent residence in September 2016 (we decided to go ahead and apply for it after Brexit). 

Can you answer this

What date did the DCPR state that your husband had acheived the EU's PR?

Can you answer this

I'm sorry Sirius, I'm a little unclear as to your question.  His document certifying permanent residence was issued on Sept 13, 2016.  On his PR application, we sent proof that he had been exercising treaty rights in the UK for the past 5 years, so from 2011-2016.  We have never lived outside of the UK since we married in 2012.  My two children, ages 3 and 1, were issued British passports on the basis that their dad has permanent residency here, so not sure why they rejected my application and want us to provide further evidence of this?

I have been advised on another immigration forum to send my application back, with my supporting evidence, and a cover letter, explaining why I think my application was unfairly refused.

Does this seem like a good next course of action?  Or does anyone have an email/phone number where I can contact someone from the Home Office on?

Thank you.

I'm sorry Sirius, I'm a little unclear as to your question.  His document certifying permanent residence was issued on Sept 13, 2016.  On his PR application, we sent proof that he had been exercising treaty rights in the UK for the past 5 years, so from 2011-2016.

Sirius is asking what date the DCPR states that he achieved permanent residence status... not what date the DCPR was issued.

PR is automatic after 5 years of exercising treaty rights in the UK, and the DCPR is just a confirmation that he already has it.

You say he has been exercising treaty rights since 2010, therefore, he should have gained PR sometime in 2015, even though he didn't receive the DCPR until September 2016.

Sirius' point is that if it's been more than 2 years since he gained permanent residence (i.e. he reached 5 years of exercising treaty rights before September 2015), then they need proof that he has not lived outside the UK for more than 2 years since then.