Post
by Hanaali » Wed Dec 03, 2014 12:43 am
Hi all,
Below are the recap of my journey, Please advise;
Came to UK in 2006 shortly after the arrival of my EEA Uncle in 2005.
I am an Extended Family Member of an EEA National and lived together with Uncle and my wife before we had our first child in 2006
Myself & wife applied for EEA 2 in 2008 and RCs were granted in 2009
We have being in work since 2008 till date I.e. Registered Self Employments (2008-till date) and PAYE Employment with good salary since 2009 when RCs were granted.
I now have 3 Children all born in UK, own over £200,000 Property/Mortgage, pays all my bills
Relationship between myself and my Uncle have being up and down due to my resistance of his domineering nature, constant arguments and jealousy.
Since August this year, I have been unable to contact my uncle and he has moved out of UK
Solicitor advised that EEA4 Form (Retained Right of Residence) due to Uncle's departure from UK
EEA4 submitted on Nov.5th 2014
HO received EEA4 on the 6th Nov.2014
CC debited with full money on 7th Nov.2014 and receipt received on 14/11/2014.
COA dated 25th Nov.2014 was received on 27th Nov.2014. (My COA and that of my wife read 'Employment can not be confirmed because we did not submit all original documents of the following 'evidence of my sponsor exercising Treaty rights' while my children COAs mentioned insufficient original Treaty rights documents and proof of their relationship with EEA sponsor were not submitted despite that they are my children and long and short birth certificates were submitted.
Email was also sent to me on the 26th Nov.2014 confirmed that our applications are being considered and that it may take upto 6 months.
Followings were some of the documents submitted with EEA4 Form;
Sworn Affidavit made in reference to Reg.10 (5c and 5d(iv); 6a and 6b), Reg.15 (1 f(i) and f(ii) having satisfied Reg.7(3), Reg.6(1b,c and e) and Reg.8(4 and 6); EC Work Instruction Chapter 2 (s.7.1a and 7.1c) and Chapter 6 (s.2 and 6.2 Completion of 5 Years Residence after ror).
5 Years a Employment Payslips, P60s, HMRC Tax Returns, NI Contribution, UK Land Registry Documents, Mortgage Statement and Bank Statements, 5 Years Council Tax Bills, TV Licence, Utility Bills, Education Records (children and my OU Degree Results Statement), Pension Documents, EHIC Cards for all the family
Birth Certificates, Marriage Certificates including those of my children and that of my late mother who was related to Uncle.
My Questions are;
Although I am an Extended Family Member of EEA National, Why COA with unconfirmed right to work and does it have any implication on my current work?
Can I request for a revised COA? Please note that they said that they will not revisit the term of the COA while my Application is being considered.
Having applied through ROR where my 5 Years Employment should be regarded as Treaty Rights, why quoted in the COA that I have not submitted all original Treaty Exercise Documents of my Sponsor who I have already informed that he has left UK
Having submitted all my children's BCs (Long and Short), why quoted in their COAs that proof of their relationship with EEA National were not all submitted.
How Long can it take HO before issuing PR please?
In 2012, I appealed against refusal to grant my mother in law a visiting visa and the appeal was granted and Visa issued. Could this have any impact?
Your prompt help and advise are very valuable and highly appreciated.
Thanks