EEA3 more documents required

[Nast66]

Dear all,
I found that this forum is very helpful and I just wanted to ask for your opinion, as a solicitor I contacted just made me feel even more confused.
We apply for ILR in October (using EEA3 for my husband (he is Italian) and EEA4 for me (I am Russian).
After 7 and a half month we received a letter (on the 18/05/2007) asking my husband to provide more documents ( p60, letter from employer and payslips) to cover 4 years. All these years he worked part time from October 2001 till may 2006 and also he was exercising his treaty right as self –sufficient person as I always had a higher income and I financially supported him. From May 2006 he is doing a full time job and as we were sending the applications in October, we sent his recent payslips also. I have sent all my payslips and P60’s covering all these years with our applications.
Could you please advise me on the above and I would highly appreciate if you could answer the question: do I have to send a covering letter stating that I was exercising my Treaty right as a worker and he is as self- sufficient person/part time worker? And what documents I have to submit again if he has no P60's and payslips?
best regards

[Docterror]

The only problem that I can think of with your application is that you may have confused the Home Office (HO) by supplying his payslips for the few months that he did work instead of just sending in only your payslips and P60s and claiming self-sufficiency for your husband. Either that, or they may have lost all your P60s and the payslips which I don't think is likely in this case as they have only asked for the past P60s and documents to cover 4 years of your husband and chances of they having the rest of his payslips while having lost yours seem to be bit bleak.

There is also a possibilty that the HO have seperated both your application to EEA3 and another one for EEA4. In which case, all you can do is send in a covering letter stating that all the evidence that your husband was a self-sufficient person has been submitted in the form of P60s and payslips made out his wife, i.e- you. I don't see any basis for the HO to reject your application and since it has already been past the 6 month mark I can't get a clear picture of what is happening to your application to make any further comments.

Just to be clear.. while filling in the EEA3, did you put your husband as a self-sufficient person for the whole time except the last few months or did you mention the part-times aswell? Do draft a nice covering letter detailing everything and all the best.

[Nast66]

Hello Docterror,
Thank you so much for your very detailed information and support.
We wrote 2 letter today,
1 - from me, “confirmingâ€

[Docterror]

we did not mention it before, in his original application that he was a self-sufficient person, but only that he was working part time, 18 hours

This is the root cause of all your problems. You should have played one card alone- that of economic self-sufficiency with absolutely no word mentioned about the part-times, but no point mulling about it now.

My husband is sending his recent payslips with these letters to confirm his current situation as a full time employee

I wouldn't recommend this move as it further adds fuel to the confusion. I would stick to the self-sufficency card and not further deviate from the game plan.

[Nast66]

Thank you, Docterror, we didn know that before because we were sending it very soon after new application forms were introduced and we just followed our Solicitor's advice........ and we mentioned only his part time employment ( shame really, but it is was completely impossible to find a proper advice, we spent a lot of money with regards to this issue, but all solicitors tald us diffrenet inf, but nobody mentioned self - suff status as a possibilities to exercise his treaty right)
we put the information that he started his full time job last August and that is why HO want the confirmation about his current employer ( on the letter we received 2 days ago). I dont know what to do now and what to expect.... sorry for lond post

[Nast66]

Just one more question, Docterror,
I think probably as it is not compulsory for eu nationals to apply for confirmation of their right to stay indefinitely in the uk, probably we can write a letter with request to withdraw my husband’s application and consider just my, as I was working all the required period and I supplied all necessary documents?
I would highly appreciate any of your comments and advices.

[Docterror]

I would not suggest that as well as it kind of seems stupid to allow you Permanent Residence while rejecting your husband's application as when one of the family member exercises the treaty right as a worker the rest gets to stay with him/her anyway on the basis of self-sufficiency. Plus, there no guarantee that when you request the withdrawal of your husband's application they might not use it as an excuse to reject your application as well.

Such a request can be seen as indecisiveness at your part and I suggest that you make an airtight decision and stick to it. The current confusion is solely because your husband mentioned about the part time, not because he is not exercising a treaty right.

[Nast66]

Hello, Docterror, I will follow your advice as no one previously was able to recommend this solution to me. We will send the covering letter, saying that he was exercising his TR as a self-suff person.
Thank you very much for all the information you have given, it is extremely valuable to me, I wish you all the best.