Immigrationboards.com

Hello to all,

I hope all you are well.

I am European citizen and my partner non European has applied for Permanent Residence after completing 5 years EEA family visa. At the moment we are waiting over six months and we did not had receive his PR card.


I was working for over 6 years and just at the moment (2 months ago) I stop working due to heavy pregnancy and I am considering to start to work as soon as possible after birth.

I have all the evidence that I was working all the time during the 5 years visa my partner had (expired date Jan 2010)

We have submitting application form in the end December 2014 and I just last 2 month stopped working (Heavy pregnancy)

My question is do I have to prove that I have been exercising treaty rights for the 5 years covers (His Visa validation) or until the application is decided. Also I hold British citizen since 2008.

Additional information my partner is working full time.

Please any advice/ guidance/ help. Any help much appreciated. Thank you to all for reading this topic.


Best regards,
P

White Beegmail.com wrote:Also I hold British citizen since 2008.

That is probably the issue.

A British citizen can not exercise EEA Treaty rights in the UK. Even if you are a dual British/Other EEA citizen, you are considered solely British for the purposes of EEA legislation.

So, I think your partner's visa application must have been escalated to a higher level within the UKV&I/Home Office to answer some questions, some of which are;

a) If he came here in 2010 and you were a British citizen since 2008, how did your partner get an EEA family visa? (I presume he got an EEA family visa from the UK, not from another EEA country)
b) If he came to the UK on the EEA Family visa of another EEA country, will his stay here be legal? Will it count? I doubt that it will count for the purposes of PR. As I said above, as a British citizen, you can not exercise treaty rights. Therefore, he can not claim PR on the basis of your treaty rights, as you do not have any.
c) If he was issued an EEA Family visa in error by the UKBA (as then), should he be granted ILR (he is not eligible for PR as you are not an EEA citizen, but a British citizen) outside the rules? That will be a major decision and will need to be escalated to very senior levels at the Home Office.

I appreciate you would not recognise the importance of the first sentence of this post, but that has probably been your undoing. The Home Office may well grant him DLR (Discretionary Leave to Remain), LOTR (Leave Outside The Rules) or ILR outside the rules. But, as a British citizen, you can not exercise treaty rights and hence, your spouse is not eligible to be protected under EEA immigration legislation.

EDIT: My answer assumes that you have not used the Surinder Singh route, as your initial post does not give any indication of the same.

Hi Secret.Simon - (Response mentioned above)

Thank you for your response and for all this information.

My partner has been in UK since 1998 as asylum seeker 2010

I am in contact with solicitor regarding his case

Best regards,
P

White Beegmail.com wrote:Hi Secret.Simon - (Response mentioned above)

Thank you for your response and for all this information.

My partner has been in UK since 1998 as asylum seeker 2010

I am in contact with solicitor regarding his case

Best regards,
P

Hi Secret. Simon, Jambo


I just want to update you that we have been advised that the new rules have not effect on my partner case as was issue EEA family visa (Jan 2010) before changes came into affect. what are your thought (Knowledge) on this?

My partner was issued EEA visa in UK (Jan 2010)

Please see this link from one of member in this forum with name Jambo (Respected Guru)

http://www.immigrationboards.com/eea-ro ... l#p1014465


Many thanks for you help

There was a transitional provision which applies to people who gold residence card and permanent residence before July 2012. These people will not be affected.

Hi Obi,

Thank you very much for your precious help/ Advice

Sorry for asking this question again

Do I have to prove that I have been exercising treaty rights for the 5 years covers (His EEA Visa validation Jan 2010 - Jan 2015) or until the application is decided how does it count. for your information I just stopped work last 2 months due to (Very heavy pregnancy)


When do you think we will receive his Permanent Residence Card as the moment is over six month since H&M received the application for PR "any personal experience knowledge, information on this". What are our option/Right and the next stages in this matter at the moment


We are so very frustrated and worry about the registration a new born baby is to be due very soon!! without his passport is not possible to register a new born!!! as any other ordinary family we do have other commitments in our life we are really suffering !! can you Imagine life without the ID in this days!!!!



Once again we would like to thank you for the price less advice.

Best regards,
P

Well I am not sure how your case was presented so I am unable to comment on the prospect of success.

If you need your passport you can contact them to send it and you can use it together with your marriage certificate to register the child.

Hi Obie,

Thank you for your response.

Well I am not sure how your case was presented so I am unable to comment on the prospect of success.

I totally understand and agree with you no one will be able to advised of chance of success.

1- Sorry for the confusion, what I meant is in my question is about the timing!, now is over six month since H&M received the application for PR , up to now we had not received the decision!! and we want to know any information what are our option/Right and the next stages in this matter. "Simply we want to move on with our life"

We understand if any case take longer (Over time limit) has not effect of making decision or whatsoever in term of success or no success, basically is all about (evidence, document etc) and not about the timing

2 - Also I would like to know Do I have to prove that I have been exercising treaty rights for the 5 years covers (His EEA Visa validation Jan 2010 - Jan 2015) or until the application is decided how does it count. for your information I just stopped work last 2 months due to (Very heavy pregnancy).

Many thanks for everything,

Best regards,

Hello all,


My partner for permanent residency card has been rejected.

Home Office are stating due to P60 cover 2009 - 2010

We did give the original p60 to our solicitor along with all other requirement documents and I do not know how the hell the p60 it can be missing?

I am extremely worry how to get a new p60 dated 2009 - 2010 . my question is do I have to ask my employer to give me a letter any other evidence that stating I was working all this time?? or do I have to contact HMRC any advice as matter of urgent

Please do not hesitate to ask for any further information to clarify anything regarding this matter (P60)

Please any advise

Thank you all.

Get you last pay slip and call HMRC to send it to you and it will just take 10 working days and re send it with a letter to either to the same case worker or total re apply.

Hi Wise,

Thank you for your kindness help.

Get you last pay slip

* We already did sent all the requirement documents (p60) which covers all this years 2010-2011-2012-2013-2014-2015 but the Home Office are claiming the P60 of 2009-2010 is the one missing from my files?

call HMRC to send it to you and it will just take 10 working days and re send it

* In regards to request the p60 from HMRS to send me the p60 it will take up 10 days as you mentioned from day you do request the P60 from HMRC, but in my case is different, today I receive letter from Home Office back dated 4 days ago and the time I will wait to receive the P60 from HMRC it will be to late for appeal.


Many thanks,

White Beegmail.com wrote:Hello all,


My partner for permanent residency card has been rejected.

Home Office are stating due to P60 cover 2009 - 2010

We did give the original p60 to our solicitor along with all other requirement documents and I do not know how the hell the p60 it can be missing?

I am extremely worry how to get a new p60 dated 2009 - 2010 . my question is do I have to ask my employer to give me a letter any other evidence that stating I was working all this time?? or do I have to contact HMRC any advice as matter of urgent

Please do not hesitate to ask for any further information to clarify anything regarding this matter (P60)

Please any advise

Thank you all.

Did you Solicitor not take a copy of what he sent them, so he can show that he actually sent the original?

Hi Obie,

Thanks for your response.

Is 6.30am now and I can not wait to go the solicitor office to find out where it went wrong, I am one million% confident we did give the solicitor P60 for 2009-2010 . That is the main document and is the first thing you would think/keep about to justify exercise treaty right.How on earth did this happen

I have letter from the solicitor stating see below, dated on Nov 2015

Our Advise to you (Solicitor letter)
" We have assess your documents and we feel that the Home Office have no reason not to complete your application successfully, although they may ask for more documents at later stage, please be informed that you retain the same status as you currently have until the Home Office decision is received.

Action Taken by us (Solicitor letter)
"We confirm that we shall the be forwarding your application to the Home Office by way of Special/ record delivery".

Action taking by you (my partner case)
N/A

Many thanks,

Hi Obie

Just to update you , My solicitor is denying that we give him P60 for 2009-2010 . Please any advise/tips from you or any from seniors


Please see below the draft of the confirmation letter below sating very clearly that we need to do nothing in regards about our case along with emails we sent to him informing him if they anything else they should contact us, however we did receive lot corresponds by email from solicitor and there is no single email they informed us that the P60 2009-2010 apart other document which we did sent as requested on time (Befor nov 2015)


Solicitor letter draft below was sent to us by post dated in Nov 2015

Our Advise to you" We have assess your documents and we feel that the Home Office have no reason not to complete your application successfully, although they may ask for more documents at later stage, please be informed that you retain the same status as you currently have until the Home Office decision is received".

Action Taken by us (Solicitor)

"We confirm that we shall the be forwarding your application to the Home Office by way of Special/ record delivery".

Action taking by you (my partner case)
N/A

That is ridiculous .

Did he not make copies of it?

Why was the application sent if the documentation was incomplete. He should have reverted to you to get it sorted rather than having to go through the process again for months.

Obie wrote:That is ridiculous .

Did he not make copies of it?

He deny that we give him P60??? even I have strong evidence a (letter) confirming hat is happy with entire documents and he assess al the necessary documents

Why was the application sent if the documentation was incomplete.

He is negligent/ unprofessional basically he cares only about the money and NOT customer cases



He should have reverted to you to get it sorted rather than having to go through the process again for months.

What I can do!I am an ordinary person and his Solicitor (Abusing power)


Many thanks for your kindness response Obie,

Best regards,
Sofiane

Ok that's fine while waiting try and search where you always kept you pay slips that cover this very particular period and go for the appeal.

Get as much as you can and also if you're still with the same employer request for your state of earning for that year and take it along with you.

However, even if you can't get it prepared a letter to ask the HMRC on your behalf . I think if you can get enough pay slips ,bank statement and am in your shoe there will be no stress.

I will never ever respect this so call lawyer that doesn't know what they are doing, just collecting money,wearing suit and tie.

Good luck to you and relax.

White Beegmail.com wrote:
What I can do!I am an ordinary person and his Solicitor (Abusing power)


Many thanks for your kindness response Obie,

Best regards,
Sofiane

Well you are in charge of your own destiny.

You pay the solicitor, so you should be in the driving seat.

Even if he was correct that you had not provided the P60, he should have foreseen that the absence of this relevant document could be vital to a successful application , and should have reverted to you for an alternative evidence.

Therefore even if it is correct that you did not give it to him, he ought to have appreciate that the P60 was a necessary document.

That is a basic duty.

Anyway that is the past, you have to find a way of resolving it, either through appeal or a new application. Hopefully he will get it right this time.

Following to my previous topic regarding this matter (P60) and application for PR rejection.

Hi All, Obie, Jambo, Amber

Please I am desperate for help/ advice as matter urgent (Appeal deadline - rejected on 31 Jul 2015)


The application for Permanent Residency Card was submitted to the Home Office on Jan 2010 and rejected on 31 Jul 2015

Please, can someone help me with the questions mentioned below.


Briefly, Home office rejected Permanent Residence Card stating only because is missing (P60) from 06 Apr 2009 to 05 Apr 2010


1. Do we have right for appeal if I provide Earring of Statement form HMRC dated from 06 Apr 2009 to 05 Apr 2010 (P60)



2. Do I have to send entire documents again to Home Office (Utility Bills , Tenancy Agreement,..etc) for appeal or ONLY Earring of Statement form HMRC dated from 06 Apr 2009 to 05 Apr 2010 (P60)



3. Do I have include/ add any other document as we do not want another rejection things



4. Home Office they kept my partner passport non EEA is this normal procedure and why (Please share your experience)





The question below is very difficult unless someone has extensive knowledge of EEA legislation .


5. Did Home Office make a mistake for making decision as they confirmed they have received my P60 dated for (5 years Exercising Treaty right according to EEA legislation);

P60 2008-2009

P60 2010- 2011

P60 2011 2012

P60 2012- 2013

P60 2013 -2014

*Home Office stating on the rejection letter. draft of this letter [i]“In your application you state that your EEA national sponsor was employed for a continuous period of 5 years. You have provided following evidence to support this

P60 for 2008/09, 2010/11, 2011/12, 2012/2013 and 2013/2014

It is noted that you have provided no evidence of how your EEA sponsor was exercising Treaty right in the United Kingdoom from 06 Apr 2009 to 05 Apr 2010

As result, this department is unable to establish whether your EEA sponsor has been exercising Treaty right in the United Kingdoom for a continuous period of 5 years whilst employed"
[/i]



5.1 The big question is it the exercise for Treaty right on EEA legislation has to be 5 years CONSECUTIVE? or as I understand is only “5 years spent in the UK exercising your EU Treaty rights as a worker” which this document has been confirmed by home office they received 5 years P60?

5.2 Is European National began exercising their sponsor Treaty Rights only the whole last 5 years and Home Office they will not consider if there is one year gap even if they prove 5 years working with only one year gap?

5.3 Please share your knowledge on this as on my personal point of view on of EEA Legislation it does NOT say that the EEA exercise Treat right has to be LAST 5 years of the period with no gap in regards according to EEA legislation!!? Please any senior can answer this question. (Continuous is wide words)


Much appreciated for any kind help or advice to my queries/questions.

Thank you all

Best regards,

Sorry I have to send this query again as I could not managed properly to high light the previous topic



Hi All, Obie, Jambo, Amber

Please I am desperate for help/ advice as matter urgent (Appeal deadline - rejected on 31 Jul 2015)


The application for Permanent Residency Card was submitted to the Home Office on Jan 2010 and rejected on 31 Jul 2015

Please, can someone help me with the questions mentioned below.


Briefly, Home office rejected Permanent Residence Card stating only because is missing (P60) from 06 Apr 2009 to 05 Apr 2010


1. Do we have right for appeal if I provide Earring of Statement form HMRC dated from 06 Apr 2009 to 05 Apr 2010 (P60)



2. Do I have to send entire documents again to Home Office (Utility Bills , Tenancy Agreement,..etc) for appeal or ONLY Earring of Statement form HMRC dated from 06 Apr 2009 to 05 Apr 2010 (P60)



3. Do I have include/ add any other document as we do not want another rejection things



4. Home Office they kept my partner passport non EEA is this normal procedure and why (Please share your experience)





The question below is very difficult unless someone has extensive knowledge of EEA legislation [/u].


5. Did Home Office make a mistake for making decision as they confirmed they have received my P60 dated for (5 years Exercising Treaty right according to EEA legislation);

P60 2008-2009

P60 2010- 2011

P60 2011 2012

P60 2012- 2013

P60 2013 -2014

*Home Office stating on the rejection letter. draft of this letter “In your application you state that your EEA national sponsor was employed for a continuous period of 5 years. You have provided following evidence to support this

P60 for 2008/09, 2010/11, 2011/12, 2012/2013 and 2013/2014

It is noted that you have provided no evidence of how your EEA sponsor was exercising Treaty right in the United Kingdoom from 06 Apr 2009 to 05 Apr 2010

As result, this department is unable to establish whether your EEA sponsor has been exercising Treaty right in the United Kingdoom for a continuous period of 5 years whilst employed"

5.1 The big question is it the exercise for Treaty right on EEA legislation has to be 5 years CONSECUTIVE? or as I understand is only “5 years spent in the UK exercising your EU Treaty rights as a worker” which this document has been confirmed by home office they received 5 years P60?

5.2 Is European National began exercising their sponsor Treaty Rights only the whole last 5 years and Home Office they will not consider if there is one year gap even if they prove 5 years working with only one year gap?

5.3 Please share your knowledge on this as on my personal point of view on of EEA Legislation it does NOT say that the EEA exercise Treat right has to be LAST 5 years of the period with no gap in regards according to EEA legislation!!? Please any senior can answer this question. (Continuous is wide words)


Much appreciated for any kind help or advice to my queries/questions.

Thank you all

Best regards,

Well there is nothing for 2009 to 2010 , so continuity breaks.

You need to show continuous period of 5 years and not any 5 P60's.

Hi Obie,

Thanks for responding this time for one of the question, Does it mean I have right for appeal if I provide Earring of Statement form HMRC dated from Apr 2009 to Apr 2010 (P60)

Please can any one else respond to my previous question mention above dated Wed Aug 05, 2015 7:07 pm

Best regards,
P

Hi All,


Please help/ advice as matter urgent and we do NOT have many days left to appeal ( - rejected on 31 Jul 2015)


Please, can someone help me with the questions mentioned below.


Briefly, Home office rejected Permanent Residence Card stating only because is missing (P60) from 06 Apr 2009 to 05 Apr 2010


1. Do we have right for appeal if I provide Earring of Statement form HMRC dated from 06 Apr 2009 to 05 Apr 2010 (P60)



2. Do I have to send entire documents again to Home Office (Utility Bills , Tenancy Agreement,..etc) for appeal or ONLY Earring of Statement form HMRC dated from 06 Apr 2009 to 05 Apr 2010 (P60)



3. Do I have include/ add any other document as we do not want another rejection things



4. Home Office they kept my partner passport non EEA is this normal procedure and why (Please share your experience)


Your advice are much appreciated.

Hi All,

Please, please any advise, comment on this matter mentioned below.

The application for Permanent Residency Card was submitted to the Home Office on Jan 2010 and rejected on 31 Jul 2015



Briefly, Home office rejected Permanent Residence Card stating ONLY because is missing (P60) from 06 Apr 2009 to 05 Apr 2010

I sent original document of the employment contract of one of the largest company in UK dated of contract continuous permanent employment full time from 02 Oct 2008 To 19 March 2010

The BIG question mark is to why case worker from Home Office ignored to consider this strong evidence of prove of employment as it is very clearly shows it covers Apr 2009 to Apr 2010 + (plus pay slips/ income)

According to EEA legislation/ policy in legal point of view it is very clearly to us they have done BIG mistake to ignore such as this evidence in term exercising Treaty right



Further clarification what the Home office stated please see below

*Home Office stating on the rejection letter. draft of this letter “In your application you state that your EEA national sponsor was employed for a continuous period of 5 years. You have provided following evidence to support this

P60 for 2008/09, 2010/11, 2011/12, 2012/2013 and 2013/2014

It is noted that you have provided no evidence of how your EEA sponsor was exercising Treaty right in the United Kingdoom from 06 Apr 2009 to 05 Apr 2010

As result, this department is unable to establish whether your EEA sponsor has been exercising Treaty right in the United Kingdoom for a continuous period of 5 years whilst employed"


BIZAR??????????????????

There was no mistake if the 2009-2010 p60 was not produced.

Please continue on the other thread .

Not allowed to open multiple threads on the same topics.