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What evidence did you provide that you did not have a period of time outside the UK of more than 2 years between 2010 and 2013? A pay slip, for example, from 2011 and 2012 would do for instance.astra_zeneca888 wrote:Yes, I have included a cover letter to mention that I wish to apply for PR on the basis of my being resident in the UK from 2005- 2010.
.astra_zeneca888 wrote:I did not provide any documents to cover for 2011 and 2012.
Do you mean you only provided one utility bill from 2013?I did however provide them with a latest utility bill to cover for period up until Feb 2013.
Yes you can write to them. Especially if they have incorrectly applied the law or overlooked law.astra_zeneca888 wrote:From the letter they provided me with, it sounds like they encourage me to submit a new application - for which I now have to pay £55 as from the 1st July - or appeal the caseworker's decision which costs around £140 just to submit an appeal....!!
Can I write to them to reconsider the case and include more info which they haven't seen previously?
A refusal ought to be in a manner that the applicant understands. The refusal as stated does not address their presumed requirement that you didn't break your PR having acquired it.astra_zeneca888 wrote:Well, this is exactly what they wanted to see - 'evidence of how you have exercised Treaty Rights from December 2010 to date'
So, yes, they did actually wanted to see evidence BEYOND the 5 years period required for this type of application.
This being one of the reasons for the refusal.
Regarding recent evidence of being present in the UK since 2010, I sent a copy of my current Tenancy agreement signed the 6th FEB 2010 and twice extended since then, also utility bills dated from 2010 and 2011. I did not think it was necessary for me to provide - as you mentioned - any evidence beyond the 5 years period.
All in all, I have provided various evidence to cover for 2003 to 2011.
I could provide most recent utility bills and bank statements if only they asked for it. They never asked to see additional documents.
I guess they didn't think people would apply based on 5 years which ended several years back. Form EEA4 (for family members) does have such statement in section 8.2.astra_zeneca888 wrote:Also, there is nowhere said on the application form that I should include evidence of residing in the UK beyond the 5 years period...how am I suppose to know?
I believe that most likely they will reconsider the application and confirm the PR.I will write them a letter asking for reconsideration. I understand I am not required to submit evidence of exercising Treaty Rights beyond the 5 years period, however I will enclose evidence of my being continuously resident in the UK since 2010.