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Need urgent help for EEA4 aplication

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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w-khan
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Need urgent help for EEA4 aplication

Post by w-khan » Mon Apr 30, 2012 5:13 pm

Hi guys
I need help any one can help me...Me and my wife lived together more then 5years in uk.But now she is not living with me in same address.I apply for PR(EEA4)with out her documents(P60,~P45,eta,,)Home office send back my application.They need resent doc from my wife.I don't have resent doc,,I explane them we are not living together. I got her address.and 5 years records.she is not proveding resent doc,,,
I do't know what to do?,,,,,,,[quote]
Thanks

sjimoh112
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Post by sjimoh112 » Mon Apr 30, 2012 11:05 pm

Are you still married to your wife?

As your wife got a permanent residence?
[Moderator Edit]

w-khan
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Post by w-khan » Mon Apr 30, 2012 11:38 pm

sjimoh112 wrote:Are you still married to your wife?

As your wife got a permanent residence?
Yes I am still married.
She is from purtagal and living in uk for the last 7 years.But she is not living with me for the last 01 year and not provinding me recent docments.stil she is in uk.

Jambo
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Post by Jambo » Mon Apr 30, 2012 11:42 pm

Have you provided 5 years of documents for your wife? The evidence doesn't need to be recent but needs to cover 5 years.

Did you provide her ID/passport with the application? Didn't the HO ask for that also?

w-khan
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Post by w-khan » Tue May 01, 2012 2:36 am

Jambo wrote:Have you provided 5 years of documents for your wife? The evidence doesn't need to be recent but needs to cover 5 years.

Did you provide her ID/passport with the application? Didn't the HO ask for that also?
thanks v much, i am encouraged with ur questions: full 5 years documents hav been provided but HO demands for recent documents. HO did not ask for ID and Passport, only asking for p60,p45pay slip and employment contract but i don't have these documents as she is not living with me on same address for recent last one year, she is exercising treaty rights in this UK.
she is not providing documents to me so what is easy solution to the problem, as i m in serous trouble?
please your advice and suggestioon in above matter is requested.

Jambo
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Post by Jambo » Tue May 01, 2012 7:48 am

My question might not have been clear.

There are two types of documents that need to be provided:

* Proof of residence for 5 years - tenancy agreement, utility bills etc
* Proof of exercising treaty rights - if a worker, this can be P60, payslips or letter from employer.

Have you provided evidence to cover 5 years for both? It doesn't need to be recent but they need to prove both residence and treaty rights.

Which documents did you provide? Which periods do they cover?

w-khan
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Post by w-khan » Tue May 01, 2012 8:49 am

Jambo wrote:My question might not have been clear.

There are two types of documents that need to be provided:

* Proof of residence for 5 years - tenancy agreement, utility bills etc
* Proof of exercising treaty rights - if a worker, this can be P60, payslips or letter from employer.

Have you provided evidence to cover 5 years for both? It doesn't need to be recent but they need to prove both residence and treaty rights.

Which documents did you provide? Which periods do they cover?
* Yes I provide tenancy agreement,utility bills on both names.and bank statments on both names from feb 2007 to feb 2012.
*Proof of exercising treaty rights.I provide payslips,(2007,2008) P45(2010)letter from employer(2007,2008,2009,2010)tax (HM) letters wife name(2010).
Now she is not living with me from may 2011.but she is exercising treaty rights.HO need recent doc,,,I don't have..

Jambo
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Post by Jambo » Tue May 01, 2012 9:37 am

The HO is right in that if you provide residence evidence for 2007-2012 then you need to provide treaty rights for the same period also.

Did you live in the UK before 2007 so you can provide evidence from 2005-2010? If not, then you will need to provide evidence to cover 2010-2012. Do you know where she works now? You can try and contact her employer to provide a letter confirming her employment (although they might refuse if it is not her asking).

w-khan
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Post by w-khan » Tue May 01, 2012 9:48 am

Jambo wrote:The HO is right in that if you provide residence evidence for 2007-2012 then you need to provide treaty rights for the same period also.

Did you live in the UK before 2007 so you can provide evidence from 2005-2010? If not, then you will need to provide evidence to cover 2010-2012. Do you know where she works now? You can try and contact her employer to provide a letter confirming her employment (although they might refuse if it is not her asking).
I am living from 2005.but marrid in 2007.I don't know where is she working now.

w-khan
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send a application for EEA4

Post by w-khan » Wed May 02, 2012 2:50 pm

w-khan wrote:
Jambo wrote:The HO is right in that if you provide residence evidence for 2007-2012 then you need to provide treaty rights for the same period also.

Did you live in the UK before 2007 so you can provide evidence from 2005-2010? If not, then you will need to provide evidence to cover 2010-2012. Do you know where she works now? You can try and contact her employer to provide a letter confirming her employment (although they might refuse if it is not her asking).
I am living from 2005.but marrid in 2007.I don't know where is she working now.
I send my application today for PR(EEA4) with out my wife recent dcoments.I explain them.She is not providing recent docments....but she is working in uk.Any one knows the anser YES OR NO

w-khan
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sent a application for EEA4

Post by w-khan » Wed May 02, 2012 2:55 pm

w-khan wrote:Hi guys
I need help any one can help me...Me and my wife lived together more then 5years in uk.But now she is not living with me in same address.I apply for PR(EEA4)with out her documents(P60,~P45,eta,,)Home office send back my application.They need resent doc from my wife.I don't have resent doc,,I explane them we are not living together. I got her address.and 5 years records.she is not proveding resent doc,,,
I do't know what to do?,,,,,,,
Thanks

Kitty
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Post by Kitty » Wed May 02, 2012 4:27 pm

How do you know that she is working? For example, have you had conversations with her or her employer? Seen her going to work at a particular address?

Basically you can only submit the papers that you have, but you should also send a covering letter explaining the rest of your wife's work history as far as you have knowledge of it. If she is continuing to work for the same employer as before then say so.

If divorce proceedings are started, you may be able to get some financial documents disclosed as part of those proceedings.

If your immigration case goes to appeal, then you can apply to the Tribunal for an order that your wife must attend your hearing to give evidence, and/or produce the missing documents. You will also be able to show that you gave the UKBA enough evidence about your wife's work to allow them to obtain the proof themselves through their arrangements with the tax authorities. You could try applying for an order for them to obtain and produce the relevant tax information to the Tribunal as well (although I have yet to see a Juge grant such an order).

None of this is foolproof, but there are ways in which you can help yourself.

w-khan
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Post by w-khan » Wed May 02, 2012 5:41 pm

Kitty wrote:How do you know that she is working? For example, have you had conversations with her or her employer? Seen her going to work at a particular address?

Basically you can only submit the papers that you have, but you should also send a covering letter explaining the rest of your wife's work history as far as you have knowledge of it. If she is continuing to work for the same employer as before then say so.

If divorce proceedings are started, you may be able to get some financial documents disclosed as part of those proceedings.

If your immigration case goes to appeal, then you can apply to the Tribunal for an order that your wife must attend your hearing to give evidence, and/or produce the missing documents. You will also be able to show that you gave the UKBA enough evidence about your wife's work to allow them to obtain the proof themselves through their arrangements with the tax authorities. You could try applying for an order for them to obtain and produce the relevant tax information to the Tribunal as well (although I have yet to see a Juge grant such an order).

None of this is foolproof, but there are ways in which you can help yourself.
Thanks Kitty,,,I know her home address from private invstigator,he provide me home address.he knows she is working in uk and she apply for tax retuen in january 2012 on same address,,he said i can't gave u.Her job address,(law).I send my application to (HO)and explain them she is not providing me recent docments.i send invstigator email as well.Do u think HO will ask her docoments?

w-khan
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Post by w-khan » Wed May 02, 2012 11:08 pm

w-khan wrote:
Kitty wrote:How do you know that she is working? For example, have you had conversations with her or her employer? Seen her going to work at a particular address?

Basically you can only submit the papers that you have, but you should also send a covering letter explaining the rest of your wife's work history as far as you have knowledge of it. If she is continuing to work for the same employer as before then say so.

If divorce proceedings are started, you may be able to get some financial documents disclosed as part of those proceedings.

If your immigration case goes to appeal, then you can apply to the Tribunal for an order that your wife must attend your hearing to give evidence, and/or produce the missing documents. You will also be able to show that you gave the UKBA enough evidence about your wife's work to allow them to obtain the proof themselves through their arrangements with the tax authorities. You could try applying for an order for them to obtain and produce the relevant tax information to the Tribunal as well (although I have yet to see a Juge grant such an order).

None of this is foolproof, but there are ways in which you can help yourself.
Thanks Kitty,,,I know her home address from private invstigator,he provide me home address.he knows she is working in uk and she apply for tax retuen in january 2012 on same address,,he said i can't gave u.Her job address,(law).I send my application to (HO)and explain them she is not providing me recent docments.i send invstigator email as well.Do u think HO will ask her docoments?

i think you are quite unsdurstanding my case but i don't know what is the possible way to solve the problem as i don't hav the recent documents.

w-khan
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EEA4

Post by w-khan » Thu May 03, 2012 4:45 pm

w-khan wrote:
w-khan wrote:
Kitty wrote:How do you know that she is working? For example, have you had conversations with her or her employer? Seen her going to work at a particular address?

Basically you can only submit the papers that you have, but you should also send a covering letter explaining the rest of your wife's work history as far as you have knowledge of it. If she is continuing to work for the same employer as before then say so.

If divorce proceedings are started, you may be able to get some financial documents disclosed as part of those proceedings.

If your immigration case goes to appeal, then you can apply to the Tribunal for an order that your wife must attend your hearing to give evidence, and/or produce the missing documents. You will also be able to show that you gave the UKBA enough evidence about your wife's work to allow them to obtain the proof themselves through their arrangements with the tax authorities. You could try applying for an order for them to obtain and produce the relevant tax information to the Tribunal as well (although I have yet to see a Juge grant such an order).

None of this is foolproof, but there are ways in which you can help yourself.
Thanks Kitty,,,I know her home address from private invstigator,he provide me home address.he knows she is working in uk and she apply for tax retuen in january 2012 on same address,,he said i can't gave u.Her job address,(law).I send my application to (HO)and explain them she is not providing me recent docments.i send invstigator email as well.Do u think HO will ask her docoments?

i think you are quite unsdurstanding my case but i don't know what is the possible way to solve the problem as i don't hav the recent documents.
???????

Kitty
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Post by Kitty » Thu May 03, 2012 5:08 pm

You may succeed in your application on the basis of the evidence you have sent in.

However, I think that what is likely to happen is that your application will be refused (on the basis that you do not have documents showing your wife was working), and you will have to appeal.

When you appeal, you should also apply to the Tribunal for them to order your wife to attend the hearing to provide evidence, and to produce documents that show she has been working.

The UKBA does have an arrangement with HMRC to share certain tax information, so they could in theory get access to her tax records, but I have yet to see a case where they have agreed to do this, or where a Tribunal has ordered them to do so.

Will your private investigator attend the hearing as your witness? He has first-hand knowledge of your wife's activities that should be relevant.

w-khan
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Post by w-khan » Sat May 05, 2012 7:12 pm

Kitty wrote:You may succeed in your application on the basis of the evidence you have sent in.

However, I think that what is likely to happen is that your application will be refused (on the basis that you do not have documents showing your wife was working), and you will have to appeal.

When you appeal, you should also apply to the Tribunal for them to order your wife to attend the hearing to provide evidence, and to produce documents that show she has been working.

The UKBA does have an arrangement with HMRC to share certain tax information, so they could in theory get access to her tax records, but I have yet to see a case where they have agreed to do this, or where a Tribunal has ordered them to do so.

Will your private investigator attend the hearing as your witness? He has first-hand knowledge of your wife's activities that should be relevant.
hi eveyone sent my application on 02 may 2012.HO Recevid 03 may 2012......COA.....waiting

w-khan
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Post by w-khan » Sat May 05, 2012 7:18 pm

w-khan wrote:
Kitty wrote:You may succeed in your application on the basis of the evidence you have sent in.

However, I think that what is likely to happen is that your application will be refused (on the basis that you do not have documents showing your wife was working), and you will have to appeal.

When you appeal, you should also apply to the Tribunal for them to order your wife to attend the hearing to provide evidence, and to produce documents that show she has been working.

The UKBA does have an arrangement with HMRC to share certain tax information, so they could in theory get access to her tax records, but I have yet to see a case where they have agreed to do this, or where a Tribunal has ordered them to do so.

Will your private investigator attend the hearing as your witness? He has first-hand knowledge of your wife's activities that should be relevant.
hi eveyone sent my application on 02 may 2012.HO Received 03 may 2012......COA.....waiting

myukrep
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Post by myukrep » Sun May 06, 2012 9:12 am

Jambo wrote:The HO is right in that if you provide residence evidence for 2007-2012 then you need to provide treaty rights for the same period also.

Did you live in the UK before 2007 so you can provide evidence from 2005-2010? If not, then you will need to provide evidence to cover 2010-2012. Do you know where she works now? You can try and contact her employer to provide a letter confirming her employment (although they might refuse if it is not her asking).

Hi. Is there something special about 2007? It 2012 now, so people can apply for eea4 from 2005-2010. It not making sense, sorry.

Are you saying I can chose any 5 year period my EEA partner been in the UK? If so, what's the earliest year to choose from?

Jambo
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Post by Jambo » Sun May 06, 2012 9:33 am

Nothing special about 2007. The OP had evidence to cover 3 years: 2007-2010. You need to provide evidence to cover 5 years so this can be 2007-2012 or 2005-2010. Any continuous 5 years are fine. You can provide evidence as early as 20-30 years ago if you wish (but in that case you need to show you didn't leave the UK for more than 2 years since).

w-khan
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Post by w-khan » Thu May 10, 2012 3:42 pm

Jambo wrote:Nothing special about 2007. The OP had evidence to cover 3 years: 2007-2010. You need to provide evidence to cover 5 years so this can be 2007-2012 or 2005-2010. Any continuous 5 years are fine. You can provide evidence as early as 20-30 years ago if you wish (but in that case you need to show you didn't leave the UK for more than 2 years since).
Anyone knows about EEA4 applications.How long it will take...I send my application,,,
May 02
HO;received 03
COA;Waiting???

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