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ILR LR - HO asking for more documents

Posted: Fri Jan 04, 2019 7:11 am
by UK-IMIGRANT-2007
Hello everyone,

I recently applied for PR based on 10 years long residence. I applied through super-priority service in London Mark Lane. I applied on 6th dec. Submitted bio-metric on 18th dec. My background in short:

2007 - arrived in the UK on a student visa
2010 - extended my student visa for further 2 years
2012 - applied for a residence card as an unmarried partner of EEA national
2013 - H/O refused my application
2014 -got my residence card after winning appeal in court
2014 - my girlfriend got her PR
2015 - our daughter got her British passport
2018 - I applied for PR based on 10 years lawful residence

now yesterday H/O sent me a letter and asked me to demonstrate that my girlfriend has been exercising her treaty rights since 2014. I thought her PR should be enough evidence for treaty rights. Also during 2014 and 2015 my girlfriend was out of work as she was looking after our new born child and that time she was not on any maternity leave. I have her NI statement for last 10 years and a p60 from 2018 and also can ask HMRC for an employment history.But home office gave me 2 weeks to submit evidence. Please I need some insight from all of you lovely people.

Re: ILR LR - HO asking for more documents

Posted: Fri Jan 04, 2019 7:22 am
by CR001
What exact date did your student visa expire?

What exact date did was your RC issued?

What is the exact wording of the letter HO sent you, taking out personal info?

Re: ILR LR - HO asking for more documents

Posted: Sat Jan 05, 2019 3:55 am
by UK-IMIGRANT-2007
thanks for your reply CR001

my student visa expired on 12-07-2012
RC issued on 10-05-2014

letter from H/O says:

Thank you for your application for leave to remain in the united kingdom.

To help me consider the matter, please send me the following documents. Please send ORIGINAL documents as photocopies are NOT acceptable for the purpose of deciding your application.

Documents required:

Evidence to show that your EEA national partner has exercised treaty rights in the united kingdom from 2014 to present, such as payslips, employers letters, p60 tax forms, school/college letters, accountants letter, audited accounts etc.

To enable the application to be considered fully and promptly we need all the above documents. It is therefore essential that you use the enclosed return label and reply within 14 days from the date of this letter. If you fail to provide the required documents, the application will be considered on the basis of the documents that you have already provided. This may result in your application being refused in accordance with paragraph 322(9) of the immigration rules, that is the failure by an applicant to produce within reasonable time information, documents or other evidence required by the secretary of state to establish his claim to remain under these rules.

I look forward to hearing from you.

yours faithfully

................

My partner was out of work for almost 1 year to look after our new born child. Also someone told me that after my girlfriend got her PR, she does not require to exercise treaty rights?? Please I desperately need some advice here.

Re: ILR LR - HO asking for more documents

Posted: Sat Jan 05, 2019 10:25 am
by CR001
my student visa expired on 12-07-2012
RC issued on 10-05-2014
I am surprised they are not query your period of overstay. Unmarried partners have no automatic rights and once your student visa expired you ad no status as section 3c protection doesn't apply to eea route rc applications if you a free an extended family member.

Re: ILR LR - HO asking for more documents

Posted: Tue Jan 15, 2019 4:03 am
by UK-IMIGRANT-2007
Hi CR001,

I have received approval letter yesterday, thanks for your reply anyway.