EEA FM (Unmarried Partner), UKBA visited wrong address

[svarma241]

Hi All,

I applied for EEA FM (Unmarried Partner) in November and received a rejection today. UKBA sent me a letter detailing the reasons for rejection:
- They couldn't find me or my girlfriend at the address they visited (they visited wrong address, details below)
- They refuse to accept the joint tenancy agreements
- They claim they have insufficient evidence of us living together

I submitted the following documents showing the common addresses (i provided extra years of evidence to be sure):
- Joint tenancy agreements for last 5 years
- Salary slips for my girlfriend for last 5 years
- Salary slips for me (3 years)
- Council tax bills for 2 years
- A joint letter from the council stating that my girlfriend and I had been living at the same address since 2012 (3 years)
- Photos of us together and with family members
- Letters from our immediate families and friends
- Bank statements for the last 5 years
- Letters from our respective employers
- Electricity bills in my name for last 5 years
- masters degrees as we attended the same university

More importantly, they visited a wrong address and there are many mistakes in the letter. For e.g. they visited 1 XXXX street, where as my address is 11 XXXX street. They also misspelled one of my previous address (first letter missing from the street name). There was also a mistake in one of the correspondence date's year (2016 instead of 2015).

Obviously as they visited the wrong address, there is no way that they would have found me or my girlfriend living there. Is there any way, that I can get them to reconsider my application without having to wait for a long period of time?

My lawyer is suggesting that we appeal but I don't want to wait another 6 months to get a reply and also don't want to pay the court and lawyer fee of about £2000.

Any advice would be much appreciated. Thanks...

[smallpie]

Hi All,

I applied for EEA FM (Unmarried Partner) in November and received a rejection today. UKBA sent me a letter detailing the reasons for rejection:
- They couldn't find me or my girlfriend at the address they visited (they visited wrong address, details below)
- They refuse to accept the joint tenancy agreements
- They claim they have insufficient evidence of us living together

I submitted the following documents showing the common addresses (i provided extra years of evidence to be sure):
- Joint tenancy agreements for last 5 years
- Salary slips for my girlfriend for last 5 years
- Salary slips for me (3 years)
- Council tax bills for 2 years
- A joint letter from the council stating that my girlfriend and I had been living at the same address since 2012 (3 years)
- Photos of us together and with family members
- Letters from our immediate families and friends
- Bank statements for the last 5 years
- Letters from our respective employers
- Electricity bills in my name for last 5 years
- masters degrees as we attended the same university

More importantly, they visited a wrong address and there are many mistakes in the letter. For e.g. they visited 1 XXXX street, where as my address is 11 XXXX street. They also misspelled one of my previous address (first letter missing from the street name). There was also a mistake in one of the correspondence date's year (2016 instead of 2015).

Obviously as they visited the wrong address, there is no way that they would have found me or my girlfriend living there. Is there any way, that I can get them to reconsider my application without having to wait for a long period of time?

My lawyer is suggesting that we appeal but I don't want to wait another 6 months to get a reply and also don't want to pay the court and lawyer fee of about £2000.

Any advice would be much appreciated. Thanks...

Hi mate, i suggest you do both, reapply and appeal. U shld be able to do it yourself this time, without the solicitor, as that mite cost u xtra money.

U have to point out all the errors homeoffice made, u have provided enough proofs and that they overlook all the documents u provided.
Joint council tax bill with letters shows concrete cohabitation, if u av joint tenancy agreement too, u can add to it

I applied as Unmarried in 2011 and was granted within one month, although it was refused in my first attempt, regarding my eea partner ID card, so i reapplied immediately using her passport. I wasn't given the opportunity to appeal, so only choice i had is to reapply. I did it all by ourselves, and was successful.
S

Please, try to reapply, make sure all errors are pointed out. All the best

[svarma241]

Hi mate, i suggest you do both, reapply and appeal. U shld be able to do it yourself this time, without the solicitor, as that mite cost u xtra money.

U have to point out all the errors homeoffice made, u have provided enough proofs and that they overlook all the documents u provided.
Joint council tax bill with letters shows concrete cohabitation, if u av joint tenancy agreement too, u can add to it

I applied as Unmarried in 2011 and was granted within one month, although it was refused in my first attempt, regarding my eea partner ID card, so i reapplied immediately using her passport. I wasn't given the opportunity to appeal, so only choice i had is to reapply. I did it all by ourselves, and was successful.
S

Please, try to reapply, make sure all errors are pointed out. All the best

Hi smallpie,

First of all, thanks for getting back so quickly.

Could you possibly point out how can I go ahead with the appeal, approximate timeline and also, what exact forms to fill out? Should I resubmit the same set of documents or include more recent documents from the last few months as well?

Since last six months, I have new documents like:
- Joint Bank account statement
- Joint tenancy agreement (we moved to a new house right after applying, which Home office was notified about)
- More joint council tax bills,
- individual utility bills
- more salary slips

[smallpie]

Hi mate, i suggest you do both, reapply and appeal. U shld be able to do it yourself this time, without the solicitor, as that mite cost u xtra money.

U have to point out all the errors homeoffice made, u have provided enough proofs and that they overlook all the documents u provided.
Joint council tax bill with letters shows concrete cohabitation, if u av joint tenancy agreement too, u can add to it

I applied as Unmarried in 2011 and was granted within one month, although it was refused in my first attempt, regarding my eea partner ID card, so i reapplied immediately using her passport. I wasn't given the opportunity to appeal, so only choice i had is to reapply. I did it all by ourselves, and was successful.
S

Please, try to reapply, make sure all errors are pointed out. All the best

Hi smallpie,

First of all, thanks for getting back so quickly.

Could you possibly point out how can I go ahead with the appeal, approximate timeline and also, what exact forms to fill out? Should I resubmit the same set of documents or include more recent documents from the last few months as well?

Since last six months, I have new documents like:
- Joint Bank account statement
- Joint tenancy agreement (we moved to a new house right after applying, which Home office was notified about)
- More joint council tax bills,
- individual utility bills
- more salary slips

Hi sorry for late reply

Did they indicate u can appeal and include any forms for it?

[svarma241]

Hi sorry for late reply

Did they indicate u can appeal and include any forms for it?

Yes, my lawyer told me that they have received a appeal form as well, which is valid for 14 days. So I have until next Thursday to send my appeal.

I believe I will appeal with
- 5 years joint council tax bills
- 5 years joint Tenancy agreements with COVER LETTER from the companies
- reuse the utility bills in my name
- reuse the salary slips in my girlfriends name
- re use the photos and holiday tickets

I will also be logging a complaint at the same time to see if they might consider that and I might not have to wait for the appeal to be processed which takes about 12 months

Lastly, as my appeal is getting processed, I will also be getting married in the meanwhile.

What do you think?