EEA4 Visa Refused

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.

Personally, what I would do is apply again and provide all the evidence they have asked for.

It's only £65 to reapply, so it's not exactly breaking the bank (compared with £2,297 to reapply for ILR under the UK immigration rules!), and it's more likely to be successful (and likely to processed quicker) than if you just send it back and query the refusal.

Thank you for clarifying.  I am sorry for the confusion.

Hubby moved to the UK for work in Oct 2010 - so would have automatically acquired PR Oct 2015.  I submitted my application in Sept 2017, so technically, it was less than 2 years since he acquired residency status?

In any event, I will submit a new application.  I wish that the refusal letter was more clear about what further evidence they need.

His DCPR is dated Sept 2016 - although PR was required automatically Oct 2015 - should I submit proof that he has lived in the UK from Oct 2015 onwards?  If so, I can submit wage slips, bank statements, lease agreements, etc.

Or do they want proof that he has been residing here since 2010?  In that case, I can also include the big bulk of documents which we sent in with his application last year.

And do I need to include in another further evidence from myself? 

Thank you very much.

Hubby moved to the UK for work in Oct 2010 - so would have automatically acquired PR Oct 2015. 

It's 5 years of continuously exercising treaty rights to achieve the EU's PR, just residing in another EEA country is not exercising treaty rights. If you read the 2004 Directive, it does not allow a single day when we cannot be what they call a "qualified person".

When your husband sent for his DCPR, he had to show any 5 years where he was being a QP and it was his choice which 5 years he sent. It's best to show the first 5 years as after that they have PR and don't have to exercise treaty rights of free movement anymore (unless they leave the UK for more than 2 years).

I haven't seen a DCPR, but others have said it has the date they achieved PR on, based on the proof of 5 years they sent to UKVI. Therefore, somebody could receive their DCPR in say 2016, but have achieved PR in say 2010.

It's the date they showed they achieved PR that counts i.e. they must hold PR for at least 1 year to be apply for citizenship. If they had only shown their latest 5 years for their DCPR, then they have to wait another year to apply for citizenship.

In fact the UK only brought in the DCPRs and PRCs (for non EEA citizens) at the end of 2015. They are only needed if that person wants to apply for citizenship, as proving ILR/DCPR/PRC is one of the requirements for citizenship applications.

Thanks, Sirius.

When I say hubby moved to the UK in Oct 2010, I meant to say that he moved over here for work with a job already secured, so he has not only been residing here since then but also has been exercising his treaty rights as a worker since day one of being here. 

Upwards and onwards, I guess.  Should I resubmit all documentation and include evidence of his residency in the UK for the last 2 years as well?

Kind regards.

Upwards and onwards, I guess.  Should I resubmit all documentation and include evidence of his residency in the UK for the last 2 years as well?

  It depends on what date his DCPR states that he has achieved DCPR (not the date he got his DCPR card). That date is based on the 5 years he provided to UKVI.

You don't need to send all those documents for you when you apply as that was too much. You just need to prove you were residient in the UK with your EEA citizen sponsor. The guidlelines should state what they expect to see for that.

Personally, what I would do is apply again and provide all the evidence they have asked for.

It's only £65 to reapply, so it's not exactly breaking the bank (compared with £2,297 to reapply for ILR under the UK immigration rules!), and it's more likely to be successful (and likely to processed quicker) than if you just send it back and query the refusal.

There has been a rush for these DCPRs (EEA citizens) and PRCs (for non-EEA citizens) since the UK voted to leave the EU, as these are needed to apply for British citizenship. These sheer numbers trying to secure their stay on Brexit with citizenship, have caused a backlog.

As it is so cheap to apply for, even those that can't get a DCPR/PRC apply in the hope they might get away with their not making 5 years of lawful stay and they are in the queue too. The UK will allow a few days even though the EU's 2004 Directive does not, but some of these have no hope of having PR but try anyway. It's a long queue.

I assume an AR will still fail because of the photos format?

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?

If your husband didn't achieve PR until 2016 or even 2015, then your 3 year old wasn't born British. Do you mean you Registered your 3 year old as a British citizen when your husband got PR? Adults naturalise as British citizen and children register as a British citizen. Only British citizens are allowed to have a British citizen passport.

I'm assuming your 1 year old was born in the UK after the father had the EU's PR and therefore that child was born British (born in the UK to a settled parent).

Thanks, Sirius.. asking hubby to send me a pic of his DCRP and the letter we received when we got it back from the Home Office to get the official date...

We have a son who was born in October, 2014.  We had to register him as a British citizen (using form MN1), before we applied for his British passport, as his dad did not have settled status at the time of his birth.  We applied and received his British passport back in Dec 2016.  Our second son was born in August 2016 - since hubby had already achieved his 5 years by the time of his birth, our son achieved citizenship automatically, and no registration was necessary.

We have a son who was born in October, 2014.  We had to register him as a British citizen (using form MN1), before we applied for his British passport, as his dad did not have settled status at the time of his birth.  We applied and received his British passport back in Dec 2016.  Our second son was born in August 2016 - since hubby had already achieved his 5 years by the time of his birth, our son achieved citizenship automatically, and no registration was necessary.

That's correct.  I just wanted to be sure. It's amazing how many send off for a renewal of their BC passport and are refused as they should never had be given a passport. Or people who think they are British but get a shock when they are refused a passport.

Or my favourite, the woman who got ILR through a work visa and thought she was married to a British citizen. She applied for citizenship as soon as she had recieved her ILR and enclosed his passport. Refused citizenship as her husband was an illegal immigrant: and she had just alerted UKVI to that fact.

Thanks, Sirius.. asking hubby to send me a pic of his DCRP and the letter we received when we got it back from the Home Office to get the official date...

As I said, I've never seen one but those on EEA fourms say they have a PR date on them. I've seen people ask if they can change this date as they didn't realise they had to hold PR for 1 year before they can apply for citizenship and they had only sent in proof of their last 5 years for their DCPR.

As your husband will become a British citizen before you: becausee of the 1 year wait from the PR date: you then don't have to wait the 1 one year too when you get your PRC. When he is granted Brtiish citizenship, then you can apply for British citizenship as you will have a PRC. Those marreid to a British citizen don't have a 1 year wait from their EU PR or the UK immigration rules ILR.

I've got a copy of husband's card in front of me.

There is no PR date on it, which is why I was confused as to your initial question.

All it saids is residence documentation on top, alongside a UKF number.

Then his photo the left, the place and date of issue as LIVERPOOL, 13 SEP/SEPT 16.

Type of document as DOCUMENT CERTIFYING PERMANENT RESIDENCE, and then his birthdate, gender, and nationality.

So this brings me back to my question - what dates should I include proof that he has and is residing in the UK?  I really wish it was more clear in the letter what they are looking for.

Thanks!!!

Honestly, I’d cover the whole 7 years from 2010 to now, just to be on the safe side.

If you include it all, and it shows he has been exercising treaty rights the entire time, with no gaps, they won’t have reason to refuse it. If you only supply some of it, they could pick holes again and say you didn’t provide enough evidence.


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As his PR date isn't written on his DCPR, you will have to ask your husband what date he told UKVI that he had reached the EU's PR. The EUs PR isn't granted, as the EU gives PR automatically.

For a DCPR to be able to apply for British citizenship, he had to provide the documents to UKVI to prove that PR date that he claimed he had. If they agree they issue a DCPR, which they did.


As I said above, if he is still within 2 years of the date of his PR, then it looks like UVKI made an error and all you needed was his DCPR. I have no idea if an AR will work as you were refused on two things.

If you are going to apply again, then you have to treat it as a new application. As the date your husband achieved PR isn't on his DCPR, you will have to ask your husband what date he told UKVI, to see if it is more that 2 years. If it is, provide the DCPR and the proof that he hasn't resided outside the UK for two years since he got PR. If you wanted to be sure, you could always send his DCPR and the proof that he has remained in the UK.


PR is lost after two years outside the UK and then they start again with exercising treaty rights for 5 years to PR. This is why PR for more than two years needs that proof that they have not lost PR.

Thank you - I am just going to send in a bulk of documentation from 2010 - present to show that my husband has been residing in the UK.  Better safe than sorry!

We used EEA(PR) to fill out my application - someone has just advised me to use for EEA(FM), which I think is incorrect?

Can someone please explain to me the difference between the two forms?

Thank you in advance.

The EEA(FM) form is for a 5-year EEA Residence card... it used to be called the EEA2 form, and it's what you would have applied for 5 years ago when you first came to the UK.

The EEA(PR) form is for Permanent Residence (formerly the EEA4 form) - this is the form you need to use now.