eea4 refuse - lack of documents

[Tomasz]

Dear all,
My wife receive letter from HO today that her application for EEA4 was refused, the reason for that was not enough evidence from my site - I did not send my P60 or payslips from last 5 years. I'm living and working in UK for more than 5 years, to prove my employments I did send letter from my employer clearly states that I'm fully employ with them from 18.05.2007 till now (its more than 5 years).
I did not send my p60 and payslips because on the page 28 is state that any of the following documents are require: "For time spent in employment: this can include contracts of employment, letter(s) from your EEA national family member’s employer(s) confirming your employment, P60s, or wage slips should be provided. "
We have refusal letter from HO today and Form IAFT-1 Appeal to the first - tier tribunal. My question is, what to do next:
1. Appeal against that decision? or
2. Re apply this same form EEA4 again with my p60 and payslips - i do have them.

The problem is my wife visa (resident card of a family member of an EEA national) is expire now it was till 21.01.2014

Thank you very much for help

[Jambo]

Follow this thread to read about reconsideration. It would be the quickest and cheapest way to sort it out.

In the Reconsidertation letter, point out that you have provided sufficient evidence but that you are adding additional evidence. Provide your P60s to cover 5 years.

[Tomasz]

Thank you very much, I just finish to write the reconsideration letter now, will sent his back to HO on Monday. Do you think I have to send all other documents with this as well eg. my passport and my wife employments letters? Of course I have to send her passport just in case they will change they mind.

[Jambo]

Your wife employment record is irrelevant to the application (unless you used that to prove her residene in the UK). I would keep your passport with you. They have seen it already (and should have made a copy of it). Put contact details on the letter (mobile number) and ask to be contacted if there are any additional questions.
Address the letter to the case worker who refused the application (if you have a name) otherwise, just make sure you have Case ID / HO refernce number so they can link the letter to her file.

They should realise they made a mistake and reconsider the application.

[Obie]

You could also post an appeal, in case the reconsideration is unsuccessful, you will not waste further time.

Appeal processing and hearing takes months these days, and in the absence of guarantee that a reconsideration will be successful, you are better of appealing aswell.

[Clao44]

Hi
I'll share with you my situation. I am a non EU wife of an EU. I've lived in UK since dec 2006. My husband always working since 2005. Reason of refusal, not enough evidence of work to have sent 2 payslips per year, did not send P60s (biggg mistake, send as much docs as you can!!!!)
Applied for PR beginning of december 2012.
Refuse letter received end of june 2013 ( and because we asked for his passport to be returned)
Appeal that week.
Hearing date given in october by Court for beginning of Nov 2013
one day before hesring HO withdrew appeal ( because we had ALL docs and they knew they will lose!!!)
Today 10th february.... STILL WAITING!

Solicitors say this is a new practice from HO and the waiting time is absurd!.
I have called them, sent letters, etc, etc.
No hope. I've been now 1 year and 3 months without my passport!!!!

DO NOT SEND HER PASSPORT or try to avoid it! A reconsideration letter is probably a better option.
Good luck, and keep in touch so we can share waiting times. I will post mine when I get it, hopefully, one day.

[Clao44]

Got a phone call from HO!!!! They will send my passport back with the PR !!!! Finally!!!

Just to update my situation. I have previously explained my situation in one of this boards.Here it is again as I know many of you are in similar situations and this may help with your case and waiting times questions.

I am a non EU wife of an EU antional. I've lived in UK since dec 2006. My husband always working since 2005. Reason of refusal, not enough evidence of work to have sent 2 payslips per year, did not send P60s (biggg mistake, send as much docs as you can!!!!)
Applied for PR beginning of december 2012.
Refuse letter received end of june 2013 ( and because we asked for his passport to be returned)
Appealed same week.
Hearing date given in october 2013 for beginning of Nov 2013
one day before hearing HO withdrew appeal ( because we included ALL docs, everything, all 5 years payslips, p60s, etc in the bundles and they knew they will lose!)
January 2014: Solicitors sent a couple of letters, I called few times with no results.
Only when the 12 week period after withdrawing had passed (the time that suppose to be enough for them to make a decision) solicitors decided to take an step forward and write a Complaint.
One week later, today 6 of march 2014- after 16 weeks from withdrawing- I have received a call from HO to my home tel number asking the address they should send our docs and said i should be getting my passport within the next week!!!!

I cant believe it!
16 months of nightmare are over!

Good Luck to everyone with their applications