new cover letter for 2nd attempt at EEA 2 (sorry its long)

[lolo82]

Good morning, I know this letter is a bit long but was hoping that someone may be able to go over it and let me know if i should change anything about it. I am about to re-apply for EEA1 and 2 and dont want to give the UKBA ANY reason to return it again

`To Whom It May Concern

I am writing this letter in reply to your recent letter to myself dated March 29, 2012. After reviewing the letter requesting additional information regarding my relationship with my partner, xxxx , I have sent new application forms for EEA 1 and EEA 2. I have also included addition proof of our durable relationship and proof of Exercising Treaty Rights outlined below:


• A letter from our former flatmate, xxxx confirming our shared residence of 25 Hxxxx Street from July 2009 until March 2011
• Two Molloy Oils receipts dated 24 November 2009 and 28 September 2010, addressed to my previous address
• Amazon.com receipts dated from October 2010 until Jan 2011 addressed to my previous address at 25 xxxx Street
• A envelope addressed to me from my xxxx mother at 25 xxxx Street, dated August 2010
• A wedding invitation dated July 2011 to both xxxx and myself
• A letter from xxx’s mother on our behalf
• A receipt from H. Williams jeweller dated 27 September 2011 for an engagement ring for xxxx
• My most recent Payslip dated 26 April 2012
• A letter dated 12 April 2012 confirming a salary increase with LaserUK
• A new contract from xxxxx for my new Underwriter Manager position dated April 20, 2012
• Most current joint bank statement from HSBC
• The checklist to our previous application stating which documents have been sent and are being held at your offices: 1 Payslip dated January 2012, 1 Employers Letter dated Feb 2012, 18 Utility bills (phone bills, internet bills, bank statements, credit card bills), flight details to Canada (October 2011), 2 Boarding Passes to Canada (October 2011), 17 personal photos, 10 personal emails, 7 Household Receipts, Train tickets to Lurgan to visit my family, daily Train and Bus tickets from Belfast to Dublin for xxxx.


I send this additional proof to be added to the documents that are presently held at your office under the above case ID number. I hope this additional submission will aid in a decision regarding our application. I hope to hear from you soon.

Best Regards,



xxxxx`

[lolo82]

sorry, forgot to mention:

This letter is from my partner who is the EEA national. they wrote him saying he didnt prove a durable relationship with me or prove Treaty Rights.

I have compiled as much new info as i can but as the letter was so vague, i worry we have missed the mark...

Oh, and with this new app, the 6 month wait starts again for us

[sjimoh112]

Why send in a new application? Was your initial application returned with the letter?

From what I can understand they want you to provide additional document to support the proof of durable relationship between both of you and according to ukba this must cover the last 2 years.

Sending in a new application will restart the clock. However you need not to worry as they usually issue rc within 3 months on average especially if your case is a straight forward one

[lolo82]

Hi sjimoh112


I did indeed receive a letter stating that if 'we wish to re-apply, do so' when we have new documents. I feel that the application is straight forward but the UKBA seem to be sending mixed messages. They ask for a new apPlication, but have kept our previous documentation.

Hopefully, once our application is sent, it will take 3 months for the RC. I really don't want to re-set the clock

[isw_london]

Hi Lolo

Good luck with round 2!

I think the letter is generally fine. If you haven't done so in the body of the application, it might useful to group the documents under headings just to really help them tick the boxes eg. "Documents to show we were living at [address] during the period [dates]", then "Documents to show we are in a committed relationship akin to marriage", "Documents showing I am exercising my treaty rights".

Any document that has no purpose should not be included - eg. why is the letter confirming a pay rise relevant?

I'm not sure if you saw in other discussion threads, but I was really lucky and have my RC back already (took 2 months exactly). I included a cover letter and a 3 page testimonial, which gave a summary of our entire relationship, and stated that we would have to leave the country if I were not granted the RC (which would hinder my boyfriend's rights as an EEA national). Remember that is the basis on which you should be entitled to stay.

I'll keep my fingers crossed for you!

[lolo82]

thank you for your input isw-london. I understand what you are saying about organising the folder. UKBA actually sent the remaining application (evidence, bills, emails etc) back to us today so i am now able to put everything together and re-label everything. i originally labelled the docs as followed: 5 utility bills dated xxxx to xxx etc. but i think i will keep 'bills' etc together BUT put mine in one folder and my partners in a second one with each section labeled. (sorry if it doesnt make sense. i dont explain things well...)

I was thinking the letter with the pay-rise was an additional proof of exercising treaty rights and also to show we are not a burden on the system. will have a think and see if we will include it. I dont want to add too much but am worried that lack of evidence will have it returned to us once more.

will have a good look at the application and evidence and see what i will be sending...again

fingers crossed

[Directive/2004/38/EC]

The EU citizen simply needs to be working. One pay slip is all that is required. Did you include something like that in the original application?

[lolo82]

We did include an (at the time) recent pay slip along with a letter from the employer. We will be sending the most recent pay slip as well. We received a letter with our returned docs saying the ukba 'found additional documents' but they were not enough to overturn the decision and 'our rejection still stands'. Interestingly, our first letter stated that our app 'is not a rejection, merely a chance for you to compile a complete dossier'.

Back to the point, with the newest payslip and the new job contract, we will remove the letter about the pay rise.

Thank you for your help

[Directive/2004/38/EC]

Exactly did each letter say that you have received from UKBA, and when did you receive each?

[lolo82]

Hi Directive

I have re-read the letters and may have intrepreted the first letter incorrectly. I took the letter to say we could re-submit an application but we werent rejected, just needed more documentation. I was obviously wrong.

Here are the two letters we have recieved, the first dated March 29, 2012 the second dated May 1, 2012:

"Dear Mr XXXX
Re: Mr XXXXX Ireland XX October 19XX

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 :
http://www.ukba.homeoffice.gov.uk/eucit ... s/applying

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.
Failure to submit original documents and up to date evidence may result in the application being returned again."

We sent all of the documents that are bolded in the first application. I have added more evidence of my partner living at our previous address with me, but that is all that i can think of that may have been lacking.


The Second Letter:

"Dear Mr. XXXX
Re: Mr. XXXX Ireland XX October 19XX

I am writing with regards to your recent application for a Registration Certificate which was rejected for insufficient evidence on March 29th 2012.

We have now located further documentation that you submitted with your application which is being returned to you today.

The decision to reject your application still stands and should you wish to make a fresh application for a Registration Certificate, you should refer to our previous letter that was sent to inform you of our decision. This will tell you what other documents we require sight of in order to issue you with a Registration Certificate."



I bolded the sentence in the second letter. That line makes me wonder what the UKBA are doing...

Any insight is appreciated greatly. At this point, my mind is boggled.

[Directive/2004/38/EC]

I assume you are not married. Is that correct?

Has the non-EU citizen been prevented from working in this time? Have you suffered a loss of earnings?

If so I would definitely make a claim for damages to UKBA.

If you just want the thing issued, then I would reapply, resending the material.

[EUsmileWEallsmile]

Can you start again by defining your circumstances? I know if I read all your posts I could find out, but it would be easier if you made it clear here.

1. EU national. What are they doing in the UK (working, student, self-sufficient)? For EEA1 all they need if working is an employer's letter confirming their engagement.

2. How are you related to the EU national (married, child, unmarried partner)? If unmarried partner, how do you intend to demonstrate that you are in a relationship akin to marriage?

3. Is the EU national a dual national, perhaps also British?

[EUsmileWEallsmile]

I bolded the sentence in the second letter. That line makes me wonder what the UKBA are doing...

A good covering letter explaining how the application hangs together can help. A more complicated case could case a case worker considerable confusion.

[lolo82]

To Directive - we are un-married. My EU partner has been continuously working at his job since 2004. No need to make a claim, I would think. I am now wondering if I did not lay out my evidence as clearly as I thought I had. But the ukba haven't done a stellar job either.

To EUsmile - as stated above, my EU partner is in permanent full-time employment.

We are unmarried, have been together since january 2009, living together since september 2009 and have shown our durable relationship by sending joint and individual bills, bank statements, emails, joint travel plans, photos, joint tenancy agreements in addition to other docs I cannot recall at the moment. We have also recemtly become engaged so have added the ring receipt (classy, I know) and a few congratulatory cards from family and friends.

My partner was born in northern Ireland but only holds an Irish passport and has only indicated he holds Irish citizenship (which is allowed under the good Friday agreement). I don't know if dual nationality is an issue as there have been other cases where dual nationals only provide the EU passport and have been accepted.

I think I will need to re-evaluate our original cover-letter. I felt it was adequate at the time, but as you have stated, may not have been as straight-forward as I believed it to be.

[EUsmileWEallsmile]

Start with EEA1 being employed. An employer's letter and passport is all that's required. Nothing else. (quote regulation 16.2 if you must).

[EUsmileWEallsmile]

An original, recent signed and dated employer’s letter plus a supporting pay slip dated within the application being submitted.

Is not what the regulations say (16.2)

"In the case of a worker, confirmation of the worker’s engagement from his employer or a certificate of employment is sufficient proof for the purposes of paragraph (1)(b)"

[EUsmileWEallsmile]

My partner was born in northern Ireland but only holds an Irish passport and has only indicated he holds Irish citizenship (which is allowed under the good Friday agreement). I don't know if dual nationality is an issue as there have been other cases where dual nationals only provide the EU passport and have been accepted.

He is Irish and therefore can apply on that basis.

[EUsmileWEallsmile]

We are unmarried, have been together since january 2009, living together since september 2009 and have shown our durable relationship by sending joint and individual bills, bank statements, emails, joint travel plans, photos, joint tenancy agreements in addition to other docs I cannot recall at the moment. We have also recemtly become engaged so have added the ring receipt (classy, I know) and a few congratulatory cards from family and friends.

To me, this would appear to be more than enough proof of being in a relationship akin to marriage.

When do you actually marry?

[Kitty]

If your partner is an Irish national who has been employed in the UK by his current employer since 2004, he should have acquired PR in 2009.

It might be useful for him to obtain confirmation of that in case he is out of work in the future: as long as he has PR you will continue to have a right to reside without having to show he is otherwise exercising treaty rights.

Sorry if this issue has been covered in previous posts: I haven't looked outside this thread.

[lolo82]

We are planning to get married oct 2013. That was because we hoped to have me working for a year or so before. I don't think a quickly marriage would look good to the ukba right now, even with our evidence.

[lolo82]

Kitty, I don't think he realised about PR, nor did I. I thought the uk and ireland had a mutal agreement for their citizens to move and work freely without a need to require PR. I am obviously very wrong I take it we should sent an eea3 with my eea2?

[EUsmileWEallsmile]

We are planning to get married oct 2013. That was because we hoped to have me working for a year or so before. I don't think a quickly marriage would look good to the ukba right now, even with our evidence.

I would continue with your plans if I were you. These are big life events and can take some organising.

I don't think a quickly marriage as you put it would make any difference other than it would be easier to prove the familial relationship and you would be able to work right away.

[Directive/2004/38/EC]

Kitty, I don't think he realised about PR, nor did I. I thought the uk and ireland had a mutal agreement for their citizens to move and work freely without a need to require PR. I am obviously very wrong :( I take it we should sent an eea3 with my eea2?

The PR does not matter to your partner. But it does matter for you.

[EUsmileWEallsmile]

I don't think he realised about PR, nor did I. I thought the uk and ireland had a mutal agreement for their citizens to move and work freely without a need to require PR. I am obviously very wrong :( I take it we should sent an eea3 with my eea2?

If I understand your objective correctly, you want a residence card. For that you need to prove that you are the family member of an EU national excising treaty rights. It is much easier to prove that he is exercising treaty rights with an employer's letter than having to prove he's lived in the UK for five years.

If the EU national wishes to apply for PR having qualified then he may do so. He does not have to, nor does any EU national. He needs neither EEA1 or EEA3. He's fine.

What would I suggest you do? Re-apply for your residence card with a good covering letter explaining your circumstances and what evidence you are providing to prove entitlement.

[lolo82]

I think that we will re-organise our evidence with a detailed cover letter.

I am confused regarding why PR does not matter for my partner but matters to me.