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Proof of residence - clarification is needed

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

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jumpman_23_
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Proof of residence - clarification is needed

Post by jumpman_23_ » Thu Dec 27, 2012 9:18 pm

Dear board members,

I have just a minor question regarding the following statement which is one and the same in all EEA forms(EEA1, EEA3 and others).

Here is example from EEA1 form:
As evidence of current residence in the UK by you and your family members:
Proof of residence: this can include tenancy agreements, utility bills and bank statements. For children this could include letters from their school.


My question is how "and" should be interpreted:

1. utility bills + bank statement
2. utility bills OR bank statement

Which 1 or 2 is correct?

Your help is much appreciated.
Many thanks in advance.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Dec 27, 2012 9:27 pm

The answer to your question will depend on what type of documentation you are applying for.

For example, to apply for a residence certicificate, an EU national worker would only have to prove engagement with an employer.

jumpman_23_
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Post by jumpman_23_ » Thu Dec 27, 2012 9:33 pm

Currently I am applying for EEA1 Registration certificate.

However in form EEA3 (permanent residence) proof of residence consists of the same statement/requirement.

I don't meet EEA3 requirements yet(presence wise) but my question would remain the same as this requirement is the same for both EEA1 and EEA3.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Dec 27, 2012 9:37 pm

For EEA1, one needs to demonstrate that one is an EU citizen and that one is exercising treaty rights - eg working. That's it.

It would be a good idea to keep proof that you have lived in the UK in accordance with the regulations for a future application for confirmation of PR.

jumpman_23_
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Post by jumpman_23_ » Thu Dec 27, 2012 9:46 pm

Many thanks for your clarification.

Indeed, proof of residence is needed only if section 9(economically self-sufficient) has been completed.

Because this section is so long(full page) and consists of several bullet-points i thought proof of residence is a general point that is mandatory for all sections.


Thanks for the tip regarding EEA3. That's what i am currently doing - gently putting bills, statements into the safe to use them in future as evidence.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Tue Jan 01, 2013 1:28 pm

jumpman_23_ wrote:Because this section is so long(full page) and consists of several bullet-points i thought proof of residence is a general point that is mandatory for all sections.
A suspicious mind might think that is why they have very carefully laid out the text the way they have

Hubba
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Re: Proof of residence - clarification is needed

Post by Hubba » Wed Jan 02, 2013 11:17 am

jumpman_23_ wrote:Dear board members,

I have just a minor question regarding the following statement which is one and the same in all EEA forms(EEA1, EEA3 and others).

Here is example from EEA1 form:
As evidence of current residence in the UK by you and your family members:
Proof of residence: this can include tenancy agreements, utility bills and bank statements. For children this could include letters from their school.


My question is how "and" should be interpreted:

1. utility bills + bank statement
2. utility bills OR bank statement

Which 1 or 2 is correct?

Your help is much appreciated.
Many thanks in advance.
I know people have already clarified your concern, but for future reference, the "and" doesn't imply the need of both documents, but of any of these documents. The usage of "or" would imply the exclusive use of one document or the other. The "and" is only providing the connection between the options. So, following your interpretations, it would be 3. utility bills AND/OR bank statement.

The reasoning is that a bank statement is also a proof of residence on itself, giving that banks already take the legal obligation (due to financial regulations) of checking your address.

Directive/2004/38/EC
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Re: Proof of residence - clarification is needed

Post by Directive/2004/38/EC » Wed Jan 02, 2013 12:28 pm

Hubba wrote:The reasoning is that a bank statement is also a proof of residence on itself, giving that banks already take the legal obligation (due to financial regulations) of checking your address.
Banks have no such obligation. You can send a letter to your bank at any moment and have them change your mailing address. They will just do it and will not check anything.

Hubba
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Re: Proof of residence - clarification is needed

Post by Hubba » Wed Jan 02, 2013 12:59 pm

Directive/2004/38/EC wrote:
Hubba wrote:The reasoning is that a bank statement is also a proof of residence on itself, giving that banks already take the legal obligation (due to financial regulations) of checking your address.
Banks have no such obligation. You can send a letter to your bank at any moment and have them change your mailing address. They will just do it and will not check anything.
They do have the obligation of verifying your address when you signup for an account. If I'm not wrong, it is part of the Data Protection Act 1998. Although it is true you can change your mailing address at any time, bank statements are commonly accepted as proof of residence, even by the Home Office.

EUsmileWEallsmile
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Re: Proof of residence - clarification is needed

Post by EUsmileWEallsmile » Wed Jan 02, 2013 7:10 pm

Hubba wrote: They do have the obligation of verifying your address when you signup for an account. Although it is true you can change your mailing address at any time, bank statements are commonly accepted as proof of residence, even by the Home Office.
Banks have an obligation to check the identity of new customers and part of this will include evidence of residence. Once an account is open, a customer can move home and change address.

As the UK does not have a registration system, bank statements are commonly used as evidence of address.

Directive/2004/38/EC
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Re: Proof of residence - clarification is needed

Post by Directive/2004/38/EC » Wed Jan 02, 2013 10:15 pm

EUsmileWEallsmile wrote:Banks have an obligation to check the identity of new customers and part of this will include evidence of residence. Once an account is open, a customer can move home and change address.
I have never asked banks about this, but I think they want to verify that you are a real person (who is therefore resident somewhere), but the residence address may not strictly need to be in the UK.

You can, for instance, open and account with a UK address and then move out of the country (i.e. be no longer resident), and the bank will happily use your new French residential address for all your correspondence.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Jan 03, 2013 8:29 pm

Banks (and governments) are concerned about money laudering and falling foul regulations designed to prevent this. The initial problem for the applicant is opening the account, demonstrating that they are a legitamate customer. Once a customer is establised, a bank may be very helpful.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Jan 03, 2013 9:41 pm

EUsmileWEallsmile wrote:Banks (and governments) are concerned about money laundering and falling foul regulations designed to prevent this. The initial problem for the applicant is opening the account, demonstrating that they are a legitimate customer. Once a customer is established, a bank may be very helpful.
I agree 100%. I am pretty sure this is the prime issue for them.

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