EEA 4 Refused : Lack of documents

[source1980]

Hi All,

I hope someone can advice me;

I am a non EU national Spouse of a EU National (Greek). We got married in Nov 2008, applied for EEA 2 January 2009. Residence Card received after 6 months.

We applied for EEA4 in February 2014, which is more than 5 years since we have been married. Following documents submitted to the Home office with EEA 4 application:

- P60's 2008 to 2013
- Payslips
-Council Tax bill for 3 years
- Bank statements
- Various Utility bills
- Credit card statements
- Business registration & VAT registration documents as we both no work in our own business.
- Business bank statements
- Accountant letters
- Tenancy Agreements

I also wrote a covering letter explaining everything and making a section wise list for the case worker. However my application was 'declined. The reason given is that between " October 2009 & November 2010 and April 20011 and April 2012" they cannot establish how we have been residing in the UK. Which is completely absurd as the P60's cover all of these periods. The case worker also noted the p60's from 2009 to 2014 in the refusal letter. So I am quiet surprised that they acknowledge receiving it, yet they are saying how we lived in UK?

My questions to you good folks is what else should I have submitted. Are P60's not considered as evidence of working for the past 5 years?

By following this Forum, I have writtten a letter to the case worker to reconsider my application and pointing out the fact that he has overlooked the evidence that was provided with my application and also submitted more payslips and bills for the period in question. I also wrote another letter to the department head of permanent migration and copied my MP to draw their attention to my application which has been refused for no apparent reason. As I also had a right of appeal, I have appealed to the Tribunal while I hear from the home office with regards to the reconsideration.

Should I have done anything different.

[runie80]

Are there any employment gaps? Or you have been exercising treaty rights all the way through with no gaps.

Also you mention in your documentation "business registration" why did you sent that? Was eea self employed?

[source1980]

Hi Runie,

Thanks for replying.

No gaps in employment what so ever from 2008 to March 2014.

We are also company directors and this parallel to being employed full time. The qualification period we requested was November 2008 to November 2013, 5 years of our marriage.

Many thanks

[runie80]

Well that shouldn't be a problem than. I think it might have been an mistake. Just get the payslips for that period and use that as evidence in addition to the p60 you have already submitted.

As long as you have all the documentation don't think there should be a problem.

You need to provide 5 years treaty rights evidence (which is working in your case)


I think you submitted too many irrelevant documents. As jambo says. "keep it simple" .

[source1980]

Hi Runie

Thank you for that.

I think so too, that it is an oversight on the case worker's side. I have sent reconsideration letter with more payslips to cover the period in question. It's just that before refusing I would have thought they will ask if any questions. I provided all my contact info on the covering letter which also listed all documents according to the relevant section.

I might have overkilled it by providing much more then they were asking for.

Fingers crossed for the reconsideration or will have to wait for the hearing date.

Regards

[runie80]

Yup that happens.

You providing them all this director information and bank statements etc etc might have given the impression that you want to apply on the basis of self employed etc... And following that process they might have requested the info they have requested.


I know we all want to send them all the pile of documents we collected over 5 years to make our application "simple" when the opposite is true from their point of view. They probably prefer to the point info and no distracting info.

Yes u should be fine don't worry over it. Non broken 5 year employment is straight forward case of exercising treaty rights.

[source1980]

Hi Runie,

Good to hear I have a case.

The most troubling thing is that the case worker still questioned if we were in the UK during the period which fully covers by P60's, utility bill statements etc. I can understand if the above were overlooked, however this periods in question also are fully covered by us being Company directors which we provided evidence for.

So either way, we are fully covered for the past 5 years whichever way you look at it with solid evidence. I also don't understand what the case worker has refused for as it states " we are not able to establish how you have resided in the UK". The letter does not say we haven't been exercising treaty rights or we haven't been in the country. However on another letter it states that as your EEA national spouse hasn't been excersing treaty right for continuous period of 5 years we are refusing your confirmation of PR.

Any ideas what they are trying to say.

[runie80]

I think the letters are standard template letters . They probably tick boxes out of listed reasons and it automatically generates a letter from template and sends it to the applicant.

The point is you cannot mix and match with what evidence u want to use. If you want to use the "5 years employment " route then ignore the company directors and etc etc as it's completely not relevant.

The fact is that you have applied on the basis of your EEA spouse exercising treaty rights for a period of 5 years continuously. Just follow that lead and may be contact or email them listening the evidence already provided

And also may be ask them to list what other evidence they would consider as proof of residence ?

In the mean time call hmrc to request the tax statement covering 5years plus request council tax statement from council as well

[source1980]

Thanks for the heads up.

I wrote to the case worker directly and listed what they already have with additional payslips for the period in question. I also sent another letter to the managers in that department, pointing out the facts.

Will be waiting to hear from them.

[Jambo]

Were you full time employed by someone else or were you working for yourself withdrawing salary (and the P60 is based on that)? Were the salaries significant to make a living or very small?
It should not really make a difference but the caseworker might not understand your employment situation if you were actually self employed without providing evidence of that.

[source1980]

Hi Jambo,

P60s are for my EEA national wife. All P60's are from my wife's employer not our company. With regards to how much it was is irrelevant, however she has been working full time 40 hr weeks. We have payslips to this effect.

Also I have been employed full time with a well known London company in a senior position with above average salary. However I thought that is irrelevant as my wife has been working full time for the past 5 years.

[runie80]

Jambo knows his stuff. Have huge respect to for him.

All I can think of is that you provided too much info which was not relevant to that.

What jambo means is that was she getting paid normal wage? . He is just trying to establish if there is any reason they might have with her employment.

Looks like a home office oversight from what you have posted so far.

And yes your employment is totally irrelevant.

[source1980]

Hi Runi,

I meant no disrespect to anyone. The pay was about 16 to 18 K, constant over the 5 years taking small pay rises inconsideration.

So from year 2008 to 2013 you can see based on p60s she has been working full time. Also if that was the issue why not query the previous years where no issue was noted.

[runie80]

All sounds absolutely normal straightforward case to me to be honest. I cannot think why would they raise a problem other than a "mistake".

Your case sounds like a textbook case nothing complicated about it. Apart from the documents u sent as some of them were not relevant.

[source1980]

I think so too.

Thank you for your input. I will let you know of the outcome.

[source1980]

Hello Everyone

Just to update, following my reconsideration letter and further evidence I was granted PR.

Thank you all for your input.

[lake1]

Hello Everyone

Just to update, following my reconsideration letter and further evidence I was granted PR.

Thank you all for your input.

Congratulations, it must have been an error to refuse it initially.