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EEA4 EEA3 tenancy agreemenet
Posted: Tue Apr 17, 2012 12:44 pm
by walidukdz
Hello all I have been lurking I want to first to thank this forum of providing some vital information for the preparation of my EEA4 and EEA3 application ,however I could not find an answer to one question. When I came to england my wife and I use to rent and we had a 6 month tenancy agreement .so it kept rolling for two years .never asked my landlord to provide a new one every 6 months.I am wondering now whether I have to contact my previous landlord to provide a historique or some sort of reference.
the second question is I am now living with my brother in law as well.He got a mortgage. so my wie and I moved in with him.he is paying his mortgage but I am paying the GAs bill Electricity .and the internet tv landline Bills. therefore I do not have a tenancy agreement because he is my brother in law. and wonder what document should I provide in this case.
regards
Posted: Tue Apr 17, 2012 1:17 pm
by Jambo
Why do you think you need to provide a tenancy agreement?
Proof of residence can be done by other means. There is no requirement to provide a tenancy agreement. Utility bills for example can also be used to prove residency.
Posted: Tue Apr 17, 2012 4:36 pm
by walidukdz
Well the reason of tenancy agreement is that it states both names on the same paper living under the same roof.my electricity bills and gas bills shows just my name on them not my wife. however I do have bank statements and p60's of both parts. does that count as a prove of residency.
Posted: Tue Apr 17, 2012 4:48 pm
by Jambo
Fair enough but if you don't have a tenancy agreement to cover a period, that's not a problem. Just use other evidence.
Bank statements or P60 (with an address on them) can be used as proof of residence.
Remember, you don't need to show your whereabouts every single day for the 5 years. You are allowed to have upto six months absence in every year so as long as you cover most of the year, you should be fine.
Posted: Tue Apr 17, 2012 4:59 pm
by zubby007
walidukdz wrote:Well the reason of tenancy agreement is that it states both names on the same paper living under the same roof.my electricity bills and gas bills shows just my name on them not my wife. however I do have bank statements and p60's of both parts. does that count as a prove of residency.
Mate, just to add to what Jambo said, Non-EEA proof are irrelevant in your Case, However the relevant proof in your case are that of your EEA National treaty rights in the UK.
Posted: Tue Apr 17, 2012 5:04 pm
by Jambo
zubby007 wrote:Mate, just to add to what Jambo said, Non-EEA proof are irrelevant in your Case, However the relevant proof in your case are that of your EEA National treaty rights in the UK.
The relevant proof for the non EEA national is proof of residence for 5 years and that is what the OP is struggling to collect.
P60s for the non-EEA national are not needed to prove employment but can be used as proof of residency (if have an address on them).
Posted: Tue Apr 17, 2012 10:49 pm
by zubby007
Jambo wrote:zubby007 wrote:Mate, just to add to what Jambo said, Non-EEA proof are irrelevant in your Case, However the relevant proof in your case are that of your EEA National treaty rights in the UK.
The relevant proof for the non EEA national is proof of residence for 5 years and that is what the OP is struggling to collect.
P60s for the non-EEA national are not needed to prove employment but can be used as proof of residency (if have an address on them).
Sounds right,I totally agree with you.
Posted: Wed Apr 18, 2012 1:35 am
by walidukdz
Tanks for help .all my p60 got address in them so I am gonna use it as a proof of address.one little thing .my wife has got a document stating uk residence documentation for a national of an eea state.It is a blue leaflet with a vignette placed on its fourth page stating registration certificate .does that document in any help or just a worthless piece of paper.
does it replace the WRS ?
Posted: Wed Apr 18, 2012 8:02 am
by Jambo
This document is received following application using form EEA1. It's the equivalent of the RC for EEA nationals. In practice, it doesn't have a lot of use. It can used to prove she exercised treaty rights when it was issued.
Is your wife from a A8 country (one of the 8 countries which joined the EU in 2004)? WRS was only required by A8 national. After one year with WRS, they could apply for a Residence Certificate if they wish.
Posted: Wed Apr 18, 2012 12:59 pm
by walidukdz
yes my wife is Polish.the reason I am asking is that I went through the EEA4 form and on section 10 it states "If you are applying for a permanent residence card and your continuous 5-year period of residence in
the UK in accordance with the regulations includes
a period when your EEA national family member
was required to be registered on WRS then you
must provide evidence of this as stated in section
10. If you cannot show that they were registered as
required then you will not be issued a permanent
residence card."
I know my wife registered for WRS in 2006 and she has been working in the UK ever since .she has one WRS is this enough because on section 10 in the end of the form it says you have to provide all the WRS hence asking about the Residence Certificate if it can substitute the others.
Posted: Wed Apr 18, 2012 1:30 pm
by Jambo
Did she change employer in her first year?
WRS was required for every time she change employment in the first year. If she did not change one, she will only have one WRS which will be "all WRS" she has. It's OK to send just one WRS with the application if that all she needed.
The Residence Certificate would have been issued to her after 1 year under WRS (or later).
Posted: Wed Apr 18, 2012 4:05 pm
by walidukdz
well I just flicked through all my files and I found just three WRS first was issued the 7th February 2006 when my wife started her first job. I asked her how long she worked there and she said 8 months. the second one after this was was issued 16thmay 2007 where my wife worked for over a year there.the third one was issued in october 2008.Now I am thinking whether to send the WRS to Home office will be enough .or they will be some problem as I can't provide More WRS of the fisrt year .
Posted: Wed Apr 18, 2012 4:53 pm
by Jambo
Send what you got. Should be fine although I don't understand why she needed WRS again after working for 1 year.
I would just send the WRS you got and leave it at that.
Posted: Thu Apr 19, 2012 12:52 pm
by walidukdz
Yeah she didn't know and was applying for wrs every time she changed a job .thanks for help .