EEA4 Refused Help Urgent

[Pedicini]

Hi,
I have applied for my PR in January 2016. I have a non Europe wife, my husband is living for the last 20 years in UK he is Europe citizen and only registered his consulate. I have got letters last weekend REFUSED PR application.

The reason says my husband didnt show enouhg documents and wasnt original. And now he is preapering all 5 years back his documents to get original, which is we dont have bank statements or some tax documents he did online so he doesnt have the original one.

We were thinking reconsideration letter again and at the same time we are going to appeal. But my husband confused if send HO all original documents are they gonna send back again us. Or how long it will take? Because we need to prove all documents for appeal as well.


Please advice what is the best for us. We need to do quick as just given 14 days for appeal and already gone nearly 7 days.

Thanks for your help

[etdshap]

Hi,
I have applied for my PR in January 2016. I have a non Europe wife, my husband is living for the last 20 years in UK he is Europe citizen and only registered his consulate. I have got letters last weekend REFUSED PR application.

The reason says my husband didnt show enouhg documents and wasnt original. And now he is preapering all 5 years back his documents to get original, which is we dont have bank statements or some tax documents he did online so he doesnt have the original one.

We were thinking reconsideration letter again and at the same time we are going to appeal. But my husband confused if send HO all original documents are they gonna send back again us. Or how long it will take? Because we need to prove all documents for appeal as well.


Please advice what is the best for us. We need to do quick as just given 14 days for appeal and already gone nearly 7 days.

Thanks for your help

I am in a similar situation as you. Home Office won't reconsider your application if you have an appeal lodged. Additionally, you need to send the documents back to them for reconsideration. Having said that, you need to send the documents to the appeal judge if you want to take that route. Both of them require original documents which is not possible to provide.

I have chosen not to appeal but to ask for reconsideration as in my case they have made a mistake and it's very clear. I am under the impression that for you appeal would be a better option. Apparently, appeals can take a very long time based on which part of the country you are from.

[member]

What documents were sent with your application?

[Pedicini]

What documents were sent with your application?

He is selfemployed and he sent his payslips for 3 months and bank statements (from online printed) for 3 months. He confused application guide says at least 3 months so he sent it like that if he knows all documents for 5 years clearly written there he preapered like that.

Also when we applied the form wasnt asking my details in January. Because i am working parttime aswell i could send all my documents too. In march 2016 they renewed application form which we saw both person needs details now.

[Pedicini]

Would any of you know whether the Appeal board will send the original documentation back?

I applied as a spouse of an EEA national living in the UK; i was originally granted 5 years EEA Residency permit back in 2011 and this year we applied for a EEA4(PR) back in January 2015. We read the application form but were confused as to what degree of information was needed. We thought 3 months of statements and payslips etc. were enough to prove. Now we understand we need to prove 5 years continuos residency and all documents must be originals.

I was refused and offered the appeal Form IAFT 5 where they state that passport, marriage/ birth certificates and ID cards should be copied and enclosed with the appeal but does not specify whether any supporting documents (bank statements, mortgage statements, payslips, Self assessment statements etc) should be enclosed in original or copied. I do not want to end up losing this sensitive information as we may need it in future
Your help is much appreciated

Many thanks.

[Carling40]

You don't need originals for your appeal as the tribunal don't return documents so photocopies will be fine, i know I might have been an exception but in my case they reconsidered my application despite my appeal being lodged and still pending as I type, so if you know and are sure they've made a mistake then do both and be sure to appeal by the deadline

[Pedicini]

You don't need originals for your appeal as the tribunal don't return documents so photocopies will be fine, i know I might have been an exception but in my case they reconsidered my application despite my appeal being lodged and still pending as I type, so if you know and are sure they've made a mistake then do both and be sure to appeal by the deadline

Thanks Carling

So you are saying you sent further original documentation for your reconsideration to the caseworker and photocopies to your appeal - and may i ask you how long have you been waiting

Many Thanks

[Dapson]

@carling40 please check your Pm please

[Pedicini]

Hi again,

I have just submitted my PR refused appeal time. As I have decided for new application for PR again while my appeal time on going. Because appeal is very very long time takes to get result.

I just wanna know my EEA national husband`s bank statements and pay slips documents do we need to send HO all 5 years or if we just send 3 months statements or payslips for every year is that enough for them? Because his payslips weekly so a lot of paper we need to prepare for new application.

As the same for me as well, I have to proof that i am living together for 5 years in Uk. (Bank statements, payslip, p60, various documents from medical NHS, etc.)

Please let me know, thanks for your help.


Appeal started: 01.08.2016

[Pedicini]

Hello everyone,

My EEA4(PR) was refused and we submitted an appeal to the upper tier tribunal within the time specified in the refusal letter. We have also just submitted a fresh new application enclosing all documentation requested. We left out of the envelope an accompaining letter informing the HO that we appealed to the previous application. I was just wondering if I send this separate what are the chances that this can be united to the main application and how important is it that we inform them about the ongoing appeal.
Thanks for your help again

[Pedicini]

Hi guys,

I have refused PR (EEA4) reason of the not enough documents. I am a non EEA wife, my husband sent only 3 months his bank account, payslip, and tax documents, marriage certificate. They have written also what we have sent all these documents are copied except our marriage certificate , they needed original.
I have got a part time job and actually we have got all documents what they needed to see we just made mistake. You can see my story of the appeal winning. I did paper hearing,we sent all documents copied for appeal and I am living South Norwood / LONDON. Also I applied new application while my appeal is on going.

When I got a letter about won my appeal decision came from EDINBURGH and I got my Permanent Residence Card in 3 months.

PR applied on : 18 JAN 2016
Biometric letter: 30 JAN 2016
Biometric submitted: 06 FEB 2016
COA Letter (with work): 12 FEB 2016
Decision letter: 20 JUL 2016 dated Arrived: 23 JUL 2016 (REFUSED)

APPEAL PROGRESSING TIME (PAPER HEARING)

30.07.2016 Appeal send and documents arrived 02.08.2016
10.08.2016 Pending appeal started processing
07.09.2016 appeal documents has been sent IAC
29.09.2016 decision came dated 28.09.2016
14.10.2016 letter came from HO accepted my decision letter dated 11.10.2016
26.10.2016 Passport came back and letter dated 23.10.2016 from HO
26.10.2016 Permanent Residence Card came dated 23.10.2016 we were not at home
27.10.2016 dated letter came from DX for booking delivery date
01.11.2016 Finally Permanent Residence Card came dated 23.10.2016

While appeal is on going I have applied new application;

22.08.2016 New application sent
25.08.2016 Application fee paid
23.09.2016 Bio-metric letter came sent same day, letter dated 20.09.2016
28.09.2016 COA dated 01.10.2016 arrived
01.11.2016 Application canceled online
12.11.2016 All documents came back

Good luck everyone !

[ahmedorf]

Hi Pedicini,
A big congratulation and good luck for the future.
Please let me know when reapplying and appealing you were able to get the original documents or you still used the online documents as I have similar case. Please let me know.

[Pedicini]

Hi Ahmedorf,

When I appealed we just sent all documents copies, when I reapplied I sent all documents original. Actually we didn't have a bank statement original but we printed out and went to Barclays to get them validated stamp.
Some of Barclays branch didn't do it. (NHS appointment for me, my husband mortgage, p60, for every years 4 or 5 payslips, my course certificate, job interview letters, my husbands payslips, tax payment, bank statements for every year 4 or 5 months both me and my husbands, etc. all these documents was original)

And when I withdraw my renew application all original documents came back.

Hope it will help.

Shortly when you appeal you need to send documents only copy. Because you will not get them back.

[ahmedorf]

Hi Pedicini, thank you very much for the reply. And I hope you are enjoying your freedom now.
May I also ask when you applied at first, was your p60 a copy ?

[Pedicini]

Hi Ahmedorf,

That was my problem, when I applied first my husband didn`t send anything about me just only marriage certificate sent.He sent a various documents about himself and also those documents were copy. HO rejected not enough documents to show me that I have been 5 years in UK, married together. Also written what we sent they were copied.

So second time we have sent everything original (me and my husband) for the reapplication.

I know its stressful hope you will get your decision as much as quick!