EEA4 Visa Refused

Thank you - I remember the form as EEA(2), which explains it. 

Fingers crossed new application goes smoothly!

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!

The more I think about this, I think that UKVI meant to send a refusal stating that his proof of residency in the UK since his DCPR, is missing from your application.
Your right to be in the UK is based on your sponsor being in the UK as RCs become invalid. He doesn't have to exercise treaty rights anymore, but he does have to be in the UK for the period you are now claiming for PR.

I don't know - I wish the letter was more detailed.

When applying for his DCPR last year, we submitted proof that he's lived here from 2011-2016. 

If they needed evidence that he has not been living out of the UK for the past 2 years, couldn't they have just referred to his application, which clearly shows that he was living and working here in 2016?

An outright refusal, on grounds which can be subject to interruption, seems a bit harsh to me.

I don't know - I wish the letter was more detailed.

When applying for his DCPR last year, we submitted proof that he's lived here from 2011-2016. 

Your right to reside in the UK was only from when you married him in May 2012. Your 5 years to the EU's PR is therefore May 2017, as long as your sponsor was still lawfully in the UK during this five years.

That's why I think they needed your sponsor's DCPR that he received in 2016 and the proof that he had remained in the UK from the date he told UKVI he had automatically achieved PR, up to May 2017 (your 5 years). If he had left after he got PR, then he would have stopped your 5 years to PR in the UK as you would have lost your right to reside in the UK.

This seems to be it. Page 8 of the guidance notes.

You must show that you, your family members, and your sponsor (if applicable) have been living in the UK for the relevant period.
https://www.gov.uk/government/publications/apply-for-a-document-certifying-permanent-residence-or-permanent-residence-card-form-eea-pr

Your "relevant period" is from the date you married up to 5 years later and you need to show that your sponsor was lawfully in the UK during your 5 years.

I went through the documents which I had submitted in my original application, and many of the things from 2016-2017 were in both of our names, ie , tenancy agreement, full year of bank statements, council tax, tv license, etc.  Other documents in the 5 years that I am claiming also clearly reference his name as well.

Feel that the caseworker was honestly being very nitpicky, but will submit the application next week, and hopefully, no issues!

I went through the documents which I had submitted in my original application, and many of the things from 2016-2017 were in both of our names, i.e., tenancy agreement, full year of bank statements, council tax, tv license, etc.  Other documents in the 5 years that I am claiming also clearly reference his name as well.

 
They aren't bothered with all the stuff you sent for yourself with your application before. The EU rules are nothing like UK immigration rules that you see others talk about on here.

As a non-EEA citizen, your right to be in the UK is based solely on your EEA sponsor being lawful at all times. That is why the EU's RC can become invalid and the end date means nothing.

The EEA sponsor not following the EEA regulations of free movement, would end their Family Members right to reside in that EEA country too. If they all then didn't leave that EEA country, then their 5 years to PR has been reset to zero. If they leave, then their 5 year clock to PR in that country, will continue for up to 6 months.

Bear in mind that PR is EU rules too. For the EU's PR for Family Members, proof is required that their EEA sponsor was following the EEA Regulations during the 5 years that FM is claiming for their lawful stay for  PR. and the FM only needs to show their residency of that 5 years. Your husband could have left the UK after he got his PR, when you needed him to be in the UK to keep your 5 years to PR clock going for your PR.

That's what I think might have been the cause for your refusal, but as your husband can't remember the date he told UKVI that he had automatically got PR, I can't be sure of that. It could have just been a UKVI error.

Hi everyone,

Having further problems with the Home Office.   

To summarise this saga again, I had what I thought was a straightforward case.  I am a US citizen, husband is Belgian with PR, and we have been married for 5 years, since 2012.  Time to apply for my EEA4/PR visa and never had any problems with immigration before.  We spent some time gathering all of our documentation together, and submitted my application in September.  Received it back in November, with a letter stating that the photo was in the wrong format (my fault) and that we needed to supply further evidence that the sponsor was exercising treaty rights, even though I had submitted his PR card alongside our application.  Spent another one or two weeks gathering further documentation and sent in a new application at the end of November.  Being that we had submitted his PR card, we didn't understand why we had to submit further proof of his right in the UK, my husband contacted the Home Office and finally received an email back, stating that the computer system had incorrectly generated the wrong reason for why the application was rejected, so it was only supposed to be resubmitted because of the photos.  Quite annoyed, as we wasted time and effort in gathering more documentation which was unnecessary.

We wanted to travel home to Belgium for the holidays and requested my passport back.  I just received my passport back, and with a letter, which states that family members of an EEA national, who are not themselves EEA nationals wishing to return to the UK should apply for an EEA family permit before returning.  My husband looked up the processing times for this, and they range from 15-60 days???  And he called the Home Office about this, and they said that I can only apply for the family permit outside of the UK? 

I had thought that getting the passport back to travel would let me travel quite easily into and out of the UK until my application is decided.  So if I want to travel outside of the UK, I am stuck at the destination until my family permit is processed?  That sounds completely insane to me - as I could be waiting a few weeks or a few months even!!  I need to work and we have kids!  How do people work, travel, etc, while their application is being reviewed?  Feeling that my movements here are so restricted and really don't know what to do....

Does anyone know if what we were told by the Home Office today is correct?  If go, guess I will have to stay put in the UK until everything is decided...