There are three options available to you if an application for permanent residence is refused:
1. Do nothing and accept the decision. If the Home Office was correct, this is obviously the most sensible way forward!
2. Make a new application. If the refusal was because of incomplete or unsatisfactory (in the view of the Home Office) documents then you can always submit a new application with better and more complete documents.
3. Lodge an appeal. There is a right of appeal to the immigration tribunal against refusal of an EU residence decision. This might be the best way forward if the refusal was legal in nature or you have no further evidence you can submit. For example, if you claim to have retained your worker status during a year of unemployment and you have no further evidence of seeking work you can send to the Home Office, your only realistic option is to pursue an appeal.
Appeals can be submitted online or by post.
If your application is wrongly refused and you later prove that you did have a right of residence or permanent residence, you can pursue a compensation claim against the Home Office: Home Office pays £40,000 in damages for delay in issuing EU residence documents. Pursuing such a claim is not an easy thing to do and the vast majority do not consider it worth the stress and effort.
John P Hagan / JPHLAW Solicitors offer a full range of legal services including Conveyancing Tax Commercial Criminal Family Law Divorce Wills Probate Immigration Notary Public from offices in Portadown serving all of County Armagh and Belfast
For more information visit our offices or telephone 028 38333333
Our website is www.jphlaw.co.uk
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