Hi Everyone

[4real]

Hi everybody,

We (me & mum) have submit all the document requested by the HO except the decree of absolute that was just issued by the court. Then I recieve a letter from the HO dated back 30 November 2009. Which says that we sholud do as below, can someone please explain what this means.

Thank you for your client's application for the issuing of of permanent residence in the United Kingdom as a European Economic Area (EEA) national/non-EEA family member. If you have not already done so, I should be grateful if the following documents are forwarded:

A valid passport or national identity card for the (EEA) national applicants

Valid passports for any non-EEA national applications

Birth certificates to show that any dependent applications are related to the EEA national applicant as claimed (if applicable)

Evidence to show that the EEA national has exercised treaty rights in the United Kingdom for 5 years, such as payslips, employer's letters, P60 tax forms, school / college letters, accountant's letters, audited accounts, etc.

Evidence to show that the EEA national is presently exercising treaty rights, such as an employer's letter or recent wage slips / college letter, etc.

Evidence to show that all dependents have completed a total of 5 years residence in the UK, such as payslips, employer's letters, P60 tax forms, school / college letters, accountant's letter, audited accounts. etc.

If you are applying following a divorce from your EEA sponsor please provide us with the following:

A valid passport for you

Evidence that you are ceasing to be a family member of the EEA national by providing a decree absolute (divorce).

Evidence of when divorce proceedings were initiated.

Evidence that the EEA national was excercising treaty rights on the date the marriage was terminated.

Evidence since date of divorce that you are worker, self emplyed or self sufficient person.

Evidence prior to initiation of divorce proceedings thatthe marriage lasted for at least 3 years and that you and the EEA National resided together in the UK for at least 1 years during the duration of the marriage.

Evidence that you have legal custody of any children of the former EEA spouse.

Evidence that you have a right of access to any children of the EEA National under the age of 18 and a court has ordered that such access must take place in the UK.

Evidence of any difficult circumstances to warrant a continued right of residence.

Evidence that the EEA National execirsed treaty rights in November 2004 to the date the marriage was terminated.

Evidence that the EEA National resided in the UK since November 2004 to the date marriage was terminated.

If you have already supplied any of the above mentioned documents, you do not need to submit copies or duplicates.
These documents will allow us to begin consideration of your application. A caseworker will cantact you if further documents are required.

To enable the application to be considered properly we need all the above documents, and we believe that it would be reasonable to receive this within 21 days unless we are advised of a good reason justifying an extension.
[/b]

[nanaaddo80]

Hi.
I quess you have to start by telling the forum what sort of application you made, and if retained right of residence, how long did the marriage of your mum last.If you give the actual facts, I quess there are quite a few like Obie,Datuchi and others that might be able to help.Thanks

[4real]

I everyone again, we (me & mum) are applying for our PR after the 5 years ending in February 2009 and my mum and my ex-dad does lives together during the marriage for 3 1/2 years dated from the marriage date before divorcing each other.

[bobobo]

Hi 4Real, I just wanted to ask you when did you send the docs to the HO.You said they sent you a letter on the 30th of nov. How long did they take to respond. I am in a similar situation like you....

Thanks

Hi everybody,

We (me & mum) have submit all the document requested by the HO except the decree of absolute that was just issued by the court. Then I recieve a letter from the HO dated back 30 November 2009. Which says that we sholud do as below, can someone please explain what this means.

Thank you for your client's application for the issuing of of permanent residence in the United Kingdom as a European Economic Area (EEA) national/non-EEA family member. If you have not already done so, I should be grateful if the following documents are forwarded:

A valid passport or national identity card for the (EEA) national applicants

Valid passports for any non-EEA national applications

Birth certificates to show that any dependent applications are related to the EEA national applicant as claimed (if applicable)

Evidence to show that the EEA national has exercised treaty rights in the United Kingdom for 5 years, such as payslips, employer's letters, P60 tax forms, school / college letters, accountant's letters, audited accounts, etc.

Evidence to show that the EEA national is presently exercising treaty rights, such as an employer's letter or recent wage slips / college letter, etc.

Evidence to show that all dependents have completed a total of 5 years residence in the UK, such as payslips, employer's letters, P60 tax forms, school / college letters, accountant's letter, audited accounts. etc.

If you are applying following a divorce from your EEA sponsor please provide us with the following:

A valid passport for you

Evidence that you are ceasing to be a family member of the EEA national by providing a decree absolute (divorce).

Evidence of when divorce proceedings were initiated.

Evidence that the EEA national was excercising treaty rights on the date the marriage was terminated.

Evidence since date of divorce that you are worker, self emplyed or self sufficient person.

Evidence prior to initiation of divorce proceedings thatthe marriage lasted for at least 3 years and that you and the EEA National resided together in the UK for at least 1 years during the duration of the marriage.

Evidence that you have legal custody of any children of the former EEA spouse.

Evidence that you have a right of access to any children of the EEA National under the age of 18 and a court has ordered that such access must take place in the UK.

Evidence of any difficult circumstances to warrant a continued right of residence.

Evidence that the EEA National execirsed treaty rights in November 2004 to the date the marriage was terminated.

Evidence that the EEA National resided in the UK since November 2004 to the date marriage was terminated.

If you have already supplied any of the above mentioned documents, you do not need to submit copies or duplicates.
These documents will allow us to begin consideration of your application. A caseworker will cantact you if further documents are required.

To enable the application to be considered properly we need all the above documents, and we believe that it would be reasonable to receive this within 21 days unless we are advised of a good reason justifying an extension.
[/b]

[Obie]

Hi everybody,

We (me & mum) have submit all the document requested by the HO except the decree of absolute that was just issued by the court. Then I recieve a letter from the HO dated back 30 November 2009. Which says that we sholud do as below, can someone please explain what this means.

Valid passports for any non-EEA national applications

Birth certificates to show that any dependent applications are related to the EEA national applicant as claimed (if applicable)


Evidence to show that all dependents have completed a total of 5 years residence in the UK, such as payslips, employer's letters, P60 tax forms, school / college letters, accountant's letter, audited accounts. etc.

If you are applying following a divorce from your EEA sponsor please provide us with the following:

A valid passport for you

Evidence that you are ceasing to be a family member of the EEA national by providing a decree absolute (divorce).

Evidence of when divorce proceedings were initiated.

Evidence that the EEA national was excercising treaty rights on the date the marriage was terminated.

Evidence since date of divorce that you are worker, self emplyed or self sufficient person.

Evidence prior to initiation of divorce proceedings that the marriage lasted for at least 3 years and that you and the EEA National resided together in the UK for at least 1 years during the duration of the marriage.


Evidence of any difficult circumstances to warrant a continued right of residence.



Evidence that the EEA National resided in the UK since November 2004 to the date marriage was terminated.

If you have already supplied any of the above mentioned documents, you do not need to submit copies or duplicates.
These documents will allow us to begin consideration of your application. A caseworker will cantact you if further documents are required.

To enable the application to be considered properly we need all the above documents, and we believe that it would be reasonable to receive this within 21 days unless we are advised of a good reason justifying an extension.
[/b]

Hi 4Real, this is a general requirement, which contains areas that are not applicable to your case.

I have removed the ones that don't apply to you, above.

I find it strange that the are requesting evidence stretching from the time the EEA national starts exercising treaty rights, till the time of divorce Absolute.

That seems a bit over the top to be.

If your mum is in possession of the Decree Absolute, it will be best for her to send it ASAP, as nothing much could be done, until such a time when they receive it.

Best wishes.

[datuchi]

Valid passports for any non-EEA national applications

Birth certificates to show that any dependent applications are related to the EEA national applicant as claimed (if applicable)


Evidence to show that all dependents have completed a total of 5 years residence in the UK, such as payslips, employer's letters, P60 tax forms, school / college letters, accountant's letter, audited accounts. etc.

(What if they were dependants and doing nothing for the previous years? Surely, they can't request any more proof for continuous work, that is not applicable to you. Only post-divorce you have to supply proof of such exercise. If you don't have much proof prior to divorce, you can dispute this requirement)




If you are applying following a divorce from your EEA sponsor please provide us with the following:

A valid passport for you

Evidence that you are ceasing to be a family member of the EEA national by providing a decree absolute (divorce).

Evidence of when divorce proceedings were initiated.

Evidence that the EEA national was excercising treaty rights on the date the marriage was terminated.

Evidence since date of divorce that you are worker, self emplyed or self sufficient person.

Evidence prior to initiation of divorce proceedings that the marriage lasted for at least 3 years and that you and the EEA National resided together in the UK for at least 1 years during the duration of the marriage.


Evidence of any difficult circumstances to warrant a continued right of residence.

(No need, unless you were victim of domestic violence)


Evidence that the EEA National resided in the UK since November 2004 to the date marriage was terminated.

(Literally interpreting the Directive, they can not require proof of the whole period, as even if you only entered the UK 1 year prior to divorce, you would still be eligible to retain your residence here)



To enable the application to be considered properly we need all the above documents, and we believe that it would be reasonable to receive this within 21 days unless we are advised of a good reason justifying an extension.


To me, it sounds that you got an overly active and curious caseworker who had a deeper look into the whole retention of rights thing, than others. It's clear that he seems to be confused about certain aspects and you could point those out in your reply.

Just mention the points I made above and send him the Decree Absolute with a covering letter.