EEA4 Application

We sent our application for a residence permit using the EEA4 and EEA3 Application form for myself, my wife and my 6yr old son on 1st July 2012. I received a letter from HO yest with all my documents returned, the letter was addressed to my wife and not myself, they said we need to provide proof that my wife execised treaty right from 2007 to 2009 and that i need to provide proof that i have been resident here for 5 years.

1) I provided my wife's payslip from Jan 2007 up until April 2008, she was looking for a job from April 2008 up until Jan 2009 when she found a job. she did a vocational course while she was looking for a job, should i send her certificate.

2) Secondly HO said i need to provide proof that my son has been resident here for 5yrs, will a letter from his present school be ok and/or a letter from his Doctor? We have changed address 3 times will i have to get letters from the 3 schools/Doctors.

3)I thou my passport with show that i have been resident here for 5yrs as a non EEA as immigration would have stamped my passport anytime i left and came back into the country. I will send copys of my payslip and bank statement as proofn anyway.

Finally do i need to submit any other documents?

Thanks all.

Yem wrote:We sent our application for a residence permit using the EEA4 and EEA3 Application form for myself, my wife and my 6yr old son on 1st July 2012. I received a letter from HO yest with all my documents returned, the letter was addressed to my wife and not myself, they said we need to provide proof that my wife execised treaty right from 2007 to 2009 and that i need to provide proof that i have been resident here for 5 years.

1) I provided my wife's payslip from Jan 2007 up until April 2008, she was looking for a job from April 2008 up until Jan 2009 when she found a job. she did a vocational course while she was looking for a job, should i send her certificate.

2) Secondly HO said i need to provide proof that my son has been resident here for 5yrs, will a letter from his present school be ok and/or a letter from his Doctor? We have changed address 3 times will i have to get letters from the 3 schools/Doctors.

3)I thou my passport with show that i have been resident here for 5yrs as a non EEA as immigration would have stamped my passport anytime i left and came back into the country. I will send copys of my payslip and bank statement as proofn anyway.

Finally do i need to submit any other documents?

Thanks all.

1) Re-submit your applications and make sure you include a cover letter to let the case worker know what happened. incude your wife's p60s or pay slips or letter from her employers' stating her contract of employment between Jan 2007 to April 2008 and Jan 2009 to jan 2012 when she was employed. then you should include rejection letters send to her by employers she applied for jobs with, from April 2008 to Jan 2009 before she got another job. if she applied for job seekers allowance, I would also include that.
In regards to vocational course, if it doesn't cover the period between April 2008 to Jan 2009 when she was out of work, i will personally suggest not to include it, so as to not complicate your application.

2). yes, letters from the schools he attended or attends are fine, the address does not matter, HO knows that if you move home, you need to get another school that is closer for your child. if he was born in UK iwould also advice you include his birth certificate.

3) Your passport cannot be used as proved that you resided in UK for 5 years, even though you have stamps on it. you will need to provide banks statements or pay slips or p60s or utility bills in your name or both name for 5 years. generally I will advise p60s because it doesn't constitute submitting too many and heavy documents.

Thanks for the detailed response, the vocational course was done when she was out of work, she got her cretificate in November 2008. should i submit that as well and is claiming job seekers allowance not classify as recourse to public fund?

Yem wrote:We sent our application for a residence permit using the EEA4 and EEA3 Application form for myself, my wife and my 6yr old son on 1st July 2012. I received a letter from HO yest with all my documents returned, the letter was addressed to my wife and not myself, they said we need to provide proof that my wife execised treaty right from 2007 to 2009 and that i need to provide proof that i have been resident here for 5 years.

1) I provided my wife's payslip from Jan 2007 up until April 2008, she was looking for a job from April 2008 up until Jan 2009 when she found a job. she did a vocational course while she was looking for a job, should i send her certificate.

2) Secondly HO said i need to provide proof that my son has been resident here for 5yrs, will a letter from his present school be ok and/or a letter from his Doctor? We have changed address 3 times will i have to get letters from the 3 schools/Doctors.

3)I thou my passport with show that i have been resident here for 5yrs as a non EEA as immigration would have stamped my passport anytime i left and came back into the country. I will send copys of my payslip and bank statement as proofn anyway.

Finally do i need to submit any other documents?

Thanks all.

Forget you and the child for a moment, concentrate on your wife's application.

What exactly did your wife do for five years in the UK? She appears to have worked, been on a vocational course, been a job-seeker. Please read atricle 7 or the directive 2004/38/EC. Did your wife comply with the conditions therein for five continuous years? If yes, then PR is possible, it's all about organising your evidence.

Your application and the child's application will not succeed unless your wife's does. The only evidence that you both need is that you were living in the UK at the same time as your wife was living in accordance with the regulations. For you bills would be fine; for your son, school attendance records would be fine.

Small point now, bur your passport should never have been stamped if you held a residence card.

Yem wrote:Thanks for the detailed response, the vocational course was done when she was out of work, she got her cretificate in November 2008. should i submit that as well and is claiming job seekers allowance not classify as recourse to public fund?

Will she be asked for CSI, i dont think so because CSI wanst made compulsory until 2009, am i right?

Yem wrote:

Yem wrote:Thanks for the detailed response, the vocational course was done when she was out of work, she got her cretificate in November 2008. should i submit that as well and is claiming job seekers allowance not classify as recourse to public fund?

Will she be asked for CSI, i dont think so because CSI wanst made compulsory until 2009, am i right?

I'm not sure if you've seen my post yet, but vocational training is one of the methods by which a worker can retain their status as worker. It is pertanent to your case and it does not mention CSI at all.

Please read article 7 of the directive 2004/38/EC. The answers to your questions are there.

EUsmileWEallsmile wrote:

Yem wrote:

Yem wrote:Thanks for the detailed response, the vocational course was done when she was out of work, she got her cretificate in November 2008. should i submit that as well and is claiming job seekers allowance not classify as recourse to public fund?

Will she be asked for CSI, i dont think so because CSI wanst made compulsory until 2009, am i right?

I'm not sure if you've seen my post yet, but vocational training is one of the methods by which a worker can retain their status as worker. It is pertanent to your case and it does not mention CSI at all.

Please read article 7 of the directive 2004/38/EC. The answers to your questions are there.

Thanks for your response again. I will send it back ASAP and i will keep you updated.

May I suggest that you enclose a covering letter explaining how your wife complied with the directive and regulations during her UK residency; it might look something like this.

Date A to B: employed
Date B to C: made unemployed, seeking work
Date C to D: embarked on vocational training
Dace D to E: seeking work
Date E to F: employed

Dates A to F cover five years. You would need to include appropriate evidence at each stage. Best of luck.

EUsmileWEallsmile wrote:May I suggest that you enclose a covering letter explaining how your wife complied with the directive and regulations during her UK residency; it might look something like this.

Date A to B: employed
Date B to C: made unemployed, seeking work
Date C to D: embarked on vocational training
Dace D to E: seeking work
Date E to F: employed

Dates A to F cover five years. You would need to include appropriate evidence at each stage. Best of luck.

Thanks a bunch.

EUsmileWEallsmile wrote:May I suggest that you enclose a covering letter explaining how your wife complied with the directive and regulations during her UK residency; it might look something like this.

Date A to B: employed
Date B to C: made unemployed, seeking work
Date C to D: embarked on vocational training
Dace D to E: seeking work
Date E to F: employed

Dates A to F cover five years. You would need to include appropriate evidence at each stage. Best of luck.

Just to give you an update, i have got all the documents i need apart from copies of my wife's P60 from 2007-2009, we are waiting for Inland revenue to send us copies.
Should i send the application with copies of her bank statesments from 2007 to 2009 proving that she was been paid for her job and them send copies of her P60 seperately when we receive them?

Secondly my employer is insisting that i need to provide them with a COA from the HO for me to continue working. should i provide them with the reference number on the letter sent to us back the HO recently or is there any law i can quote that proves i have the right to work pending until my application is decided.

Thanks in anticipation of your quick response.

Yem wrote:

EUsmileWEallsmile wrote:May I suggest that you enclose a covering letter explaining how your wife complied with the directive and regulations during her UK residency; it might look something like this.

Date A to B: employed
Date B to C: made unemployed, seeking work
Date C to D: embarked on vocational training
Dace D to E: seeking work
Date E to F: employed

Dates A to F cover five years. You would need to include appropriate evidence at each stage. Best of luck.

Just to give you an update, i have got all the documents i need apart from copies of my wife's P60 from 2007-2009, we are waiting for Inland revenue to send us copies.
Should i send the application with copies of her bank statesments from 2007 to 2009 proving that she was been paid for her job and them send copies of her P60 seperately when we receive them?

Secondly my employer is insisting that i need to provide them with a COA from the HO for me to continue working. should i provide them with the reference number on the letter sent to us back the HO recently or is there any law i can quote that proves i have the right to work pending until my application is decided.

Thanks in anticipation of your quick response.

Irrespective as to whether you qualify for PR or not, your EU family member is working. You are therefore entitled to the protection granted under the directive. This includes the right to work.

I would write to the UKBA with evidence that your spouse is working in the UK and insist that they issue you with a COA immediately so that you can continue in work.

The PR can be decided later, the important thing is that you are allowed to work. It would also be worth pointing out to your employer that you are allowed to work (bring directive to their attention). You will find this interesting.

http://www.freemovement.org.uk/2011/12/ ... dismissal/

EUsmileWEallsmile wrote:

Yem wrote:

EUsmileWEallsmile wrote:May I suggest that you enclose a covering letter explaining how your wife complied with the directive and regulations during her UK residency; it might look something like this.

Date A to B: employed
Date B to C: made unemployed, seeking work
Date C to D: embarked on vocational training
Dace D to E: seeking work
Date E to F: employed

Dates A to F cover five years. You would need to include appropriate evidence at each stage. Best of luck.

Just to give you an update, i have got all the documents i need apart from copies of my wife's P60 from 2007-2009, we are waiting for Inland revenue to send us copies.
Should i send the application with copies of her bank statesments from 2007 to 2009 proving that she was been paid for her job and them send copies of her P60 seperately when we receive them?

Secondly my employer is insisting that i need to provide them with a COA from the HO for me to continue working. should i provide them with the reference number on the letter sent to us back the HO recently or is there any law i can quote that proves i have the right to work pending until my application is decided.

Thanks in anticipation of your quick response.

Irrespective as to whether you qualify for PR or not, your EU family member is working. You are therefore entitled to the protection granted under the directive. This includes the right to work.

I would write to the UKBA with evidence that your spouse is working in the UK and insist that they issue you with a COA immediately so that you can continue in work.

The PR can be decided later, the important thing is that you are allowed to work. It would also be worth pointing out to your employer that you are allowed to work (bring directive to their attention). You will find this interesting.

http://www.freemovement.org.uk/2011/12/ ... dismissal/

Thanks for the quick reply, this is very interesting. I will make them aware of the directive and of this case as well. I have a big smile on my face at the moment.

Thanks

Yem wrote: Thanks for the quick reply, this is very interesting. I will make them aware of the directive and of this case as well. I have a big smile on my face at the moment.

Thanks

You are not out of the woods yet, but no doubt it is good to know that the law is on your side. You just need to make it work for you.

EUsmileWEallsmile wrote:

Yem wrote: Thanks for the quick reply, this is very interesting. I will make them aware of the directive and of this case as well. I have a big smile on my face at the moment.

Thanks

You are not out of the woods yet, but no doubt it is good to know that the law is on your side. You just need to make it work for you.

Hi All

Bit of bad news, my wife has decided to file for divorce and am not sure where i stand.

We got married in 2006 but leaving seperately since 2012. My son stays with me every weekend and i have been paying child support since 2010. She wants us to move back together but i am not really keen on donig this because the last time she moved out she destroyed all my property and i had to start all afresh. I reported this incident to the cops but didnt press any charges.

Now she has decided not to go ahead with the application anymore unless i agree to we start living together as a family.

Do i qualify for retain right of residence? My residence permit expired on 2nd July 2012, do i still have residence right pending until the divorce papers come through and what steps should i take now?

Thank you in anticipation of your quick response.

just to clarify that our seperation had nothing to do with domestic violence.