lolo82 wrote:Hi. Thank you all for your replies. This is the letter I received for HO: (apologies for the long post)
“I am writing with regard to your recent request for a Registration Certificate under the Immigration (European Economic Area) Regulations 2006.
In order to obtain a Registration Certificate an EEA national will generally need to demonstrate that he/she is currently exercising Treaty rights in the UK. This means that they must show he/she currently working, self employed, a self sufficient person or a student. Where the EEA national is a family member of a Union citizen he/she needs to show that he/she is related as claimed and that his/her European sponsor is exercising Treaty rights in one of the ways described.
Unfortunately, the submitted documents are insufficient to establish that you have the right to reside under the 2006 Regulations as outlined above. I am therefore returning application and documents with this letter. This letter will indicate what additional documents/evidence you need to provide should you wish to re-apply for a Registration Certificate. A further application can be made using the EEA1 application form available from the UKBA website (website given)
Please note this is not a formal determination of your status under the Regulations. Our purpose in returning the documents is to enable you to assemble a complete dossier of supporting evidence and to submit this with a fresh application when you are in a position to do so. In the meantime we will not be giving any further consideration to your case.
To establish a right of residence, and therefore eligibility for a Registration Certificate the following additional evidence will be needed:
• Evidence of Relationship (C):
Please provide evidence to show that you are your non EEA partner are in a durable relationship. Ideally this should take the form of joint tenancy/mortgage agreements, joint bank statements, or joint council tax or utility bills. Alternatively, each person in the couple should produce official or business correspondence such as bills or statements indicating that you have been and are currently living at the same address.
• Evidence of Exercising Treaty Rights in the UK (D):
If you are employed: An original, recent signed and dated employer’s letter plus a supporting pay slip dated within the application being submitted.
Once you are in a position to supply all the evidence required to support and application, please re-submit the form and up to-date evidence to the address detailed above. Please ensure that original documents are provided as copy documents will not be accepted. “
Here’s the thing I don’t understand: we sent a joint tenancy agreement, official bills, travel confirmations, joint bank statements, phone bills, utility bills. We don’t have many bills as they are included in the rent. I indicated this in the cover letter. We also included a letter from my partners employer and a recent pay slip. Additionally, we sent emails, pictures, cards with both our names, trips together. We only text each other, Im not sure how to get a record of that.
I provided at timeline to UKBA but I’m not sure if that was taken into account.
My partner and I have been together for 3 years, living together for 2.5 years. We have send documentation supporting us being together (and living together) for this time period. We became engaged in October of last year but didn’t advise UKBA of this as we didn’t believe it relevant at the time and I am unsure of how to brooch the subject now.
My partner has also been in his job since July 2004 so I would believe he is exercising his Treaty Rights.
The only arsenal left for me is to advise friends and family to write letters on our behalf, which I have begun to do. My stepdad has advised me to speak to my local MP. I’m not sure if this is a wise thing to do as I have heard mixed reviews about doing so.
My partner thinks that UKBA sends back applications to weed out ‘time wasters’. I’m not sure if he’s right in this thinking but UKBA did waste my time not looking at my application for 6 weeks then sending it back.
I want to thank everyone who has replied and helped me today. You have all made a bad day more bearable.
well Lolo82, the good news is that your application was sent back for you to add the necessary documents and re-submit to HO, so it wasn't as if your application was declined.
from what I notice in that letter, the bone of contention is not that your relationship is not durable, the letter is a template on the system the case worker printed from his/her computer. I think the problem is, they are not certisfy your partner is excercising a treaty right, and that raises a question of your partner, did you submit your partner's RC card with your application, if he doesn't have one? did he apply for his RC to declare he is excercising a treaty right as aworker? because both of you are not married, you would need to send more evidence than normal.
all you need to do is include your parner's RC to proof he is excercising a treaty right has a worker and letter from both relatives to attest your relationships, am sure with all of those evidence you submitted it should be fine.
hope this helps.
