Applying for EEA4 without EEA death certificate

[Amber]

A person who was the family member of a worker or self-employed person,
where:
o The worker or self-employed person has died;
o The family member resided with him/her immediately before his death;
and
o The worker or self-employed person had resided continuously in the
UK for at least the two years immediately before his/her death or the
death was the result of an accident at work or occupational disease;
 A person who:
o Has resided in the UK (in accordance with the 2006 Regulations) for a
continuous period of 5 years; and
o Was, at the end of the period, a family member who has retained the
right of residence.

If the OP chooses 15(1)(e), then it depends how they interpret 'immediately' as prescribed in 15(1)(e)(ii). 15(1)(f) may also be applicable if he can satisfy 10(2) and (6).

[Obie]

The problem with both your preposition is that OP has no death certificate. That has been the outset from the opening of this thread.

Due to the fact that the wife died after 2 years of residence in the UK, I believe 15 (1)(E) seem to be the most appropriate.

If he has the death certificate , it will not make sense for him to rely on 15 (1)(F) as a greater benefit flows from 15 (1)(E).

For either of them, a Death Certificate will be required.

[Amber]

Exactly, hence why I was directed towards 15(1)(b).

[Obie]

She died before he could qualify under 15 (1)(b), the absence for 6 months or 12 months, cannot equate with death.


And the evidence of treaty right ended in the 2013 tax year, 7 months before she died, so 15 (1)(b) is not engaged for those 2 reason.

If death had occurred After November, then he would have been left with the hurdle of absence treaty rights for 7 months, and subject to that, 15 (1)(b) would have perfectly covered him.

[Amber]

1. You can supply other evidence of self-employment;

If an EEA national says they are exercising free movement rights as a qualified person in this category, you must check there is evidence to support this.
For example:
 proof of registration with HMRC
 invoices for work done
 a copy of business accounts
 an accountant’s letter or other similar documents.

2. We don't know when she died exactly, the 5 years may have completed before death.

[Hannan270]

Thanks for all of you to reply me. Much appriciated. One thing I forgot to mention that we were living togather since July 2008. I got proof ( tenancy agreement on both of us name on it July 2008). Is the time period start from when u start living togather or when ur 5 years visa start or when u got married.
We moved togather July 2008
We got married November 2008
Five years visa start Auguest 2009 till Auguest 2014
I have proof that we living togather since July 2008.

[Hannan270]

Do I have to send any of my documents apart from passports. Do I have to send my payslips that cover five years or t mobile bills. I m the one who used to earn more money. She used to earn less money.

[mas2k1]

If u ve a copy of the original death cert, go and translate to English language and send it together with the copy.You cannot submit with the death certificate. If u do, it will be refused and also u will lose on appeal bcos as a husband on genuine relationship with your late wife, u r supposed to have an original or a copy assuming the family in Lithuania is with the original and refused to send it to u.

[Hannan270]

Her sister in Lithuania , she does'nt want to give it to me.

[mas2k1]

Hi

u ve to do your best to get the death certificate.Is a must b4 u submit ur application.u can get in touch with the Lithuania birth and death registry, send them proof of ur rship with ur late wife and they will send u a copy but they might charge u a fee.Go to the Internet and find their contact details and get in touch with them.

[ice_breaker]

Hope you are ok. You can also try travelling to Lithuania with all the proof you have + wedding certificate and contact the hospital to provide you the replacement death certificate?

[Happy Prince]

Hi...my wife suddenly died on 17th october..i had my interview at liverpool on 26th october..sudden death jolted me alot. I was married in april and we were living together since jan 2015. I told to home office regarding her death.they told me now ur case will be forwarded to eurpeon case work officer to make a decision.

What will happened next

[Obie]

Hi...my wife suddenly died on 17th october..i had my interview at liverpool on 26th october..sudden death jolted me alot. I was married in april and we were living together since jan 2015. I told to home office regarding her death.they told me now ur case will be forwarded to eurpeon case work officer to make a decision.

What will happened next

Sorry about you loss. It must be very distressing for you.

Unfortunately because you had not resided immediately before the 1 year leading to the death, you will not be able to meet the requirement of Regulation 10 (2)(b).

[Happy Prince]

Can you help me please...what will happen next..what i should do next.

[Obie]

Unless your wife was someone who cease activity before she died, by meeting the requirement of Regulation 5 (2) or (3) before she died, and hence upon her death, you are a family member of a former worker or self employed person who ceased activity, the Home Office will seek to refuse your application.

[Happy Prince]

They forward my case to eurpeon case work officer to make his decision.

[Happy Prince]

home office refuse my case on the basis of one year durable relationship after marriage..can you tell me on which basis i can lodge an appeal..either on humna rights or any other. i am in this country for the last 6 years and paying NI and taxes. we have to file the appeal within 14 days..good suggesstions please

[Happy Prince]

how i can appeal and on which basis..