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EEA3 Support Documents what missing?

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stanik
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Posts: 31
Joined: Wed Jun 23, 2010 2:23 pm

EEA3 Support Documents what missing?

Post by stanik » Wed Jun 23, 2010 6:15 pm

Hi Guys,

3 weeks ago I applied for EEA3 and recently receive a letter from Home Office with all my documents saying: Your application requires additional supporting documents in the following indicated area: *Evidence of Exercising Treaty Rights in the UK(D) for a full five years.

How can I know what exactly documents Home Office requires?? I thing they just saying common word like saying f.. off to me.. It is not acceptable I beleive.

Please advise what is wrong?
I've been working in the UK since May 2004 than came back in October 2004 for studying to my home land and returned to UK in May 2005 again for work for the same employer and again in November 2005 return home for studying.
Than I came back to UK in May 2006 and still here in UK.
I know that I can have one long absence of UK for 12 months in 5 years period, that's why I applied for EEA in May 2010 (not 2009 as i had 2 breaks more than 6 months) I provided Diploma Supplement from my University (in English) stating my years of studing.
I sent all my WRS + Registration certificate, also I sent Letter from employer that I worked for my first employer from 2004 till 2005 with break (I don't have payslips, P60 from employer, but they gave me a letter confirming my employment there) – is it enough??
Plus I sent some of my payslips, some P60, P45, and employers' letters for my next employments (where I worked since June 2006 with some little breaks till January 2010), by the way I received Registration Certificate in 2007.
After January 2010 I applied for JSA and still looking for work, letter from Job centre was attached to my application as well. (I know that if I obtained Reg Cert. in UK and worked in the UK for more than 1 year I can claim for JSA and will be considered as Worker which will not cease my EEA rights in the UK.

So, what also Home Office needs to issue Permanent Residence for me? What is incorrect, as they didn’t state it clearly?

Cheers[/b]

edinburgh
Newbie
Posts: 46
Joined: Thu May 20, 2010 2:36 pm

Re: EEA3 Support Documents what missing?

Post by edinburgh » Wed Jun 23, 2010 11:56 pm

stanik wrote:Hi Guys,

3 weeks ago I applied for EEA3 and recently receive a letter from Home Office with all my documents saying: Your application requires additional supporting documents in the following indicated area: *Evidence of Exercising Treaty Rights in the UK(D) for a full five years.

How can I know what exactly documents Home Office requires?? I thing they just saying common word like saying f.. off to me.. It is not acceptable I beleive.

Please advise what is wrong?
I've been working in the UK since May 2004 than came back in October 2004 for studying to my home land and returned to UK in May 2005 again for work for the same employer and again in November 2005 return home for studying.
Than I came back to UK in May 2006 and still here in UK.
I know that I can have one long absence of UK for 12 months in 5 years period, that's why I applied for EEA in May 2010 (not 2009 as i had 2 breaks more than 6 months) I provided Diploma Supplement from my University (in English) stating my years of studing.
I sent all my WRS + Registration certificate, also I sent Letter from employer that I worked for my first employer from 2004 till 2005 with break (I don't have payslips, P60 from employer, but they gave me a letter confirming my employment there) – is it enough??
Plus I sent some of my payslips, some P60, P45, and employers' letters for my next employments (where I worked since June 2006 with some little breaks till January 2010), by the way I received Registration Certificate in 2007.
After January 2010 I applied for JSA and still looking for work, letter from Job centre was attached to my application as well. (I know that if I obtained Reg Cert. in UK and worked in the UK for more than 1 year I can claim for JSA and will be considered as Worker which will not cease my EEA rights in the UK.

So, what also Home Office needs to issue Permanent Residence for me? What is incorrect, as they didn’t state it clearly?

Cheers[/b]
what you wrote above is very confusing, but it appears that you should apply for permanent residence in June 2011 or 2012 - this depends on how many gaps you've had in the past though. overall, you need to show that you've exercised treaty rights (this means living in the UK) for 5 years.
i also believe that a break for studying in an eu country applies only if you were enrolled on a course at a british university and were sent abroad, say on an erasmus exchange.

stanik
Newbie
Posts: 31
Joined: Wed Jun 23, 2010 2:23 pm

Re: EEA3 Support Documents what missing?

Post by stanik » Thu Jun 24, 2010 9:44 am

edinburgh wrote:what you wrote above is very confusing, but it appears that you should apply for permanent residence in June 2011 or 2012 - this depends on how many gaps you've had in the past though. overall, you need to show that you've exercised treaty rights (this means living in the UK) for 5 years.
i also believe that a break for studying in an eu country applies only if you were enrolled on a course at a british university and were sent abroad, say on an erasmus exchange.
Thanks for reply.
HO rules says: However, longer absences for compulsory military service will not affect your residence. Additionally, a single absence of up to 12 months for important reasons such as pregnancy, childbirth, serious illness, study, vocational training or posting overseas will not affect your residence.
It doesn't say that you should be a British student! Students are students everywhere, same like pregnant women - and all they have additional protection of they rights.
I beleive I covered 1 of my long absences, but why is it problem for HO? Or did they found problem somewhere else in my application?

edinburgh
Newbie
Posts: 46
Joined: Thu May 20, 2010 2:36 pm

Re: EEA3 Support Documents what missing?

Post by edinburgh » Thu Jun 24, 2010 11:03 am

Thanks for reply.
HO rules says: However, longer absences for compulsory military service will not affect your residence. Additionally, a single absence of up to 12 months for important reasons such as pregnancy, childbirth, serious illness, study, vocational training or posting overseas will not affect your residence.
It doesn't say that you should be a British student! Students are students everywhere, same like pregnant women - and all they have additional protection of they rights.
I beleive I covered 1 of my long absences, but why is it problem for HO? Or did they found problem somewhere else in my application?[/quote]

In this case, I think a more experienced forum member should comment on the above. From my understanding, however, the above would only apply if you were studying, for example, French at a British university, and as part of your course, you would have to spend a year abroad. Otherwise, your residence has been interrupted and so this may be the reason why the Home Office is asking you to provide evidence of exercising treaty rights.

stanik
Newbie
Posts: 31
Joined: Wed Jun 23, 2010 2:23 pm

Re: EEA3 Support Documents what missing?

Post by stanik » Thu Jun 24, 2010 11:28 am

edinburgh wrote:In this case, I think a more experienced forum member should comment on the above. From my understanding, however, the above would only apply if you were studying, for example, French at a British university, and as part of your course, you would have to spend a year abroad. Otherwise, your residence has been interrupted and so this may be the reason why the Home Office is asking you to provide evidence of exercising treaty rights.
That's ok. Another question. Would my Job Seeker Status (plus I claimed HB/CTB) affect getting EEA3 Permanent residence?

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