Tenancy greement for EEA2 a must?

[wi13b051]

Hi All,

Is it a must to submit a tenancy agreement with my EEA2 application? I live in a sublet and I am not sure if my sublessor has the right to sublet to me.

Thanks

[fabs312]

Its not a must but is highly recommendable...

are you married? If u got a marriage certificate then its a big plus... however if u have like bills and bank accounts on both names; it should suffice providing that youre married...

Its hard to prove youre in a durable relationship if youre not married. literally u need to send all the evidence u can find back dated for at least 2 years.

[wi13b051]

Its not a must but is highly recommendable...

are you married? If u got a marriage certificate then its a big plus... however if u have like bills and bank accounts on both names; it should suffice providing that youre married...

Its hard to prove youre in a durable relationship if youre not married. literally u need to send all the evidence u can find back dated for at least 2 years.

I and my wife have been married for 4 years. We have a child who is 3 years old. we have the marriage certificate and the birth certificate of our child. I just came to the UK to join my wife. She currently works.
We don't have joint bank account as I just came in and I cannot open any account without a proof of address. I tried, but didn't work.

The issue is that we currently share flat with someone who herself is also a tenant as its not easy finding apartment where we are and I have to apply for the EEA2 as soon as possible.

[fabs312]

hmmm i see... your case shouldnt be difficult... i am guessing your wife is european.
It shouldnt be a problem... u do have really good evidence which are marriage certificate and birth certificate... Also make sure your wife send her employment contract and attach few pay slips along with it... With these 3 pieces of evidence your half way through the battle... Find these first

with the accomodation, thats a hard one cuz the HO might be picky... my advice is try to find as much evidence as you can: utility bills, conucil tax, bank statements in both names if u have it. but back date everything by at least 3 years if u can. if youre subletting, and aint got contract, make sure the person whos letting for u guys writes a covering letter explaining the situation.

What kind of correspondence u guys have? like utility bills? bank statments? is it all bills included in the rent?

but it seems to me that u do have a strong case. and if ur applying now, it might take about 4 to 5 months for a decision

[wi13b051]

hmmm i see... your case shouldnt be difficult... i am guessing your wife is european.
It shouldnt be a problem... u do have really good evidence which are marriage certificate and birth certificate... Also make sure your wife send her employment contract and attach few pay slips along with it... With these 3 pieces of evidence your half way through the battle... Find these first

with the accomodation, thats a hard one cuz the HO might be picky... my advice is try to find as much evidence as you can: utility bills, conucil tax, bank statements in both names if u have it. but back date everything by at least 3 years if u can. if youre subletting, and aint got contract, make sure the person whos letting for u guys writes a covering letter explaining the situation.

What kind of correspondence u guys have? like utility bills? bank statments? is it all bills included in the rent?

but it seems to me that u do have a strong case. and if ur applying now, it might take about 4 to 5 months for a decision

My wife has just spent two months in the UK. She is not yet paying tax. My wife was has been working for a month and half before I came to join her. In this one month and half, we did skype calls, phone calls, facebook chats, whatsapp messages. I came in on a EEA Family Permit which will expire in December. I have just been here only for about 3 weeks. So we didn't really spent much time apart.

Yes, my wife is an EU national so also our child. I am non-EU/EEA national. My wife has a bank account here in the UK. I couldn't get one yet because I needed a proof of address. Prior to moving to this sublet flat, my wife did live about two months in shared flat but only single person is allowed. So we just moved to a double room(the current sublet) not up to a week and I want to submit an application.

My wife employer has already provided letter stating my wife's employment details and proof of her being employed. Since my wife has only worked for two months in the UK, she only has two months payslip and nothing more.

So this is my case right now. Do you think a letter from the person subletting the flat will be okay? I don't want to give them any chance to complain at all.

[fabs312]

Hmm i get u bro... Can u get docs from where u were living before? like in the other european country with your wife!? Try to get the docs and translate them to english... u need to prove u were under the same roof with her and the child... the more docs u send off the better and the timeline back date 3 years or more... Spend ur time looking for docs...

I mean the letter is ok but its not solid evidence that u guys are living in the same roof... thats why the ask for tenancy agreement... But this means if they refuse it u can go to court and provide fresh evidence and/or provide witnesses...

The way i am looking into it is HO likes to find any discrepancy on applications (even the smallest possible) to refuse anyone... They are paid to find mistakes and refuse ppl

My hunch here is that they will possibly refuse it, however the refusal will very likely attract the right to appeal and youre more likely to win because by then i hope u engage on the household bills and council tax and possibly open an bank account together; or she can add you in her current account, thats easier and statements comes in both names... This will defo be looked in your favour if u go to the tribunal.

My advice is send the application with all docs u can get at this very moment and wait... in the meantime try to build UK docs (utility bills, bank statments, council tax) in both names... also try to get a tenancy agreement from the main landlord where ur living at the mo... if u do have your passport with u, try to open new fresh bank account or ask ur wife to add in her bank account...Bank account is crucial... make sure the utility bills are in ur name too and hers

its a long process but since ur married to the european and shes working ur likely to get COA with right to work and this can also be used to open an bank account i think (i am not too sure about this one).

U do have a strong case and ur very likely to get the residence card... however ur looking for up to 8 months or more bro to sort it out at least.... maybe less if the case worker is satisfied with the docs u send... just be patient bro and get some expert advice too

[wi13b051]

Hmm i get u bro... Can u get docs from where u were living before? like in the other european country with your wife!? Try to get the docs and translate them to english... u need to prove u were under the same roof with her and the child... the more docs u send off the better and the timeline back date 3 years or more... Spend ur time looking for docs...

I mean the letter is ok but its not solid evidence that u guys are living in the same roof... thats why the ask for tenancy agreement... But this means if they refuse it u can go to court and provide fresh evidence and/or provide witnesses...

The way i am looking into it is HO likes to find any discrepancy on applications (even the smallest possible) to refuse anyone... They are paid to find mistakes and refuse ppl

My hunch here is that they will possibly refuse it, however the refusal will very likely attract the right to appeal and youre more likely to win because by then i hope u engage on the household bills and council tax and possibly open an bank account together; or she can add you in her current account, thats easier and statements comes in both names... This will defo be looked in your favour if u go to the tribunal.

My advice is send the application with all docs u can get at this very moment and wait... in the meantime try to build UK docs (utility bills, bank statments, council tax) in both names... also try to get a tenancy agreement from the main landlord where ur living at the mo... if u do have your passport with u, try to open new fresh bank account or ask ur wife to add in her bank account...Bank account is crucial... make sure the utility bills are in ur name too and hers

its a long process but since ur married to the european and shes working ur likely to get COA with right to work and this can also be used to open an bank account i think (i am not too sure about this one).

U do have a strong case and ur very likely to get the residence card... however ur looking for up to 8 months or more bro to sort it out at least.... maybe less if the case worker is satisfied with the docs u send... just be patient bro and get some expert advice too

Thanks you so much for a comprehensive detail. I am thrilled. Really I am. I honestly do not have old letters in the country we moved from. I used to but not anymore. I never imagined they will be useful here so I disposed them before coming to the UK. All I have left is family photos and facebook chat since the first time we met.

I believe one of the basis of such thing is the process of going through the EEA Family Permit before getting here. All I provided with the embassy was my marriage certificate and my our child's birth certificate along with a declaration letter from my wife.

I just went through the original contract of the flat we are currently living in and in the tenancy agreement, she is not allowed to sublet this flat so technically, she cannot provide or issue a tenancy agreement. I rented here for a short stay of 3 months max. But the contract didn't say anything about lodgers.

So we discussed that she will issue us a letter saying she is a friends and we are lodging for only a few months then include copy of the original tenancy agreement along with the letter she will issue

I was going to apply and in between the application change my address, because i was told it's possible but I am not sure about that. I really don't know what to do or think about the tenancy agreement. I don't know if leaving it out will be okay. I am yet to find a job and that's why we went for the sublet.

After reading your post, I went to through some document I brought with me and I saw some official letter addressed to us but this one is only dated one year back. All letter before that I don't have. I also have the last tenancy agreement of the last place we lived in the other EU country before coming to the UK.

Can I translate the documents myself to English and include a letter stating the translated version were self translated?

What do you think about the issuing of letter and accompanying it with the original tenancy agreement of this house?

Many thanks

[Wise]

Please Please Please Mr Fabs321 i know you're trying to help this person but to me your explanation seems too long and becoming stressful.

Firstly, your case is very straight forward and simple. you're here with family permit issued by authority and not in a corner shop. You arrived in England to be with your wife LEGALLY, who's staying in either sublet or house share is irrelevant as long as she's not lying in the street of England she doesn't need a TENANCY AGREEMENT,JOINT ACCT AND NOT EVEN PART OF REQUIREMENTS, many people has make some silly mistake with all sort of documents they submit to the HO and that's why HO keep changing application form all the time.

1, Get your wife passport (VERY IMPORTANT)
2, Your own passport
3, Her wage slips (VERY IMPORTANT)
3, Contract letter if you get it
4, Some family photos and any household letters from where you both lived in the past
5, Marriage certificate
6, Proof of your address here in England both of you not necessarily you both stayed under the same roof as long as you're still married. If you can get Tv license,your wife bank statement,mobile/landline bill, and your letter of application just show that you both stayed in a house share you couldn't provide more than that.

Please strongest part of your application was the fact that you both have child together and the child birth cert carry your name as the father. The case worker are not stupid with all this you should be fine.

Lastly, ask you wife to write a letter to say you're the husband, just arrived in Uk and she's responsible for the bills yet and follow her to where she's banking with both your passport and marriage cert i think Halifax will issued you a cash card. Try many banks like that it has worked for us in Manchester.

Good Luck

[wi13b051]

Please Please Please Mr Fabs321 i know you're trying to help this person but to me your explanation seems too long and becoming stressful.

Firstly, your case is very straight forward and simple. you're here with family permit issued by authority and not in a corner shop. You arrived in England to be with your wife LEGALLY, who's staying in either sublet or house share is irrelevant as long as she's not lying in the street of England she doesn't need a TENANCY AGREEMENT,JOINT ACCT AND NOT EVEN PART OF REQUIREMENTS, many people has make some silly mistake with all sort of documents they submit to the HO and that's why HO keep changing application form all the time.

1, Get your wife passport (VERY IMPORTANT)
2, Your own passport
3, Her wage slips (VERY IMPORTANT)
3, Contract letter if you get it
4, Some family photos and any household letters from where you both lived in the past
5, Marriage certificate
6, Proof of your address here in England both of you not necessarily you both stayed under the same roof as long as you're still married. If you can get Tv license,your wife bank statement,mobile/landline bill, and your letter of application just show that you both stayed in a house share you couldn't provide more than that.

Please strongest part of your application was the fact that you both have child together and the child birth cert carry your name as the father. The case worker are not stupid with all this you should be fine.

Lastly, ask you wife to write a letter to say you're the husband, just arrived in Uk and she's responsible for the bills yet and follow her to where she's banking with both your passport and marriage cert i think Halifax will issued you a cash card. Try many banks like that it has worked for us in Manchester.

Good Luck

Hi Wise, thank you so much for your input. I am grateful for the time you took to share your experience. Well at the moment. I have some family photos but they are in digital format saved on an external hard disk, but they contain no time stamps(Date and time they were taken) But I have some of the photos uploaded to facebook since 2010 until now. Would that be okay to print the ones from facebook showing the upload date or i can print the ones I have without the time stamps.

Also, do you suggest I get utility bills from the flat share we currently live in even when our names(Mine and my wife's) are not on the bills to show it tallies with the address on my wife's bank statement and the address I claim to be living in?

My wife had her address updated yesterday at the bank. When we got back home and check her online banking. The e-bank statement now has the same address as where we currently live. Will that be okay or we have to get an official stamped bank statement from the bank?

Also I have an official documents(Not in English) from the government addressed to my wife and I back in the other EU country we came from. Should I translate this or I can include it myself and add some letter explaining what it is?

One question, will I be able to get NINo right now, without a job and residence card? I was told I can use that as a proof of address.

My wife tried to add me to her bank but it wasn't successful as they requested I has proof of address.

List of what we curretly have:

1. My wife's passport
2. My passport (with EEA Family Permit valid until December)
3. Copy of her playslip she got in the email
4. My wife contract of employment ( I don't know if I should include this and if original or just copy)
5. My wife's e-bank statement showing our current address and transactions since she came to England
6. photos on facebook that are printable along with the date uploaded and some comments
7. Marriage Certificate (Original and Translated copy)
8. Our Child's birth certificate (Original and translated Copy)
9. Filled Form
10. Passport photographs


Thanks for your responses. Awaiting your opinion and advice.


Many thanks

[Wise]

Morning, i have reply your message to your inbox

thanks

[fabs312]

wathever ur sending dont send copies! or u will automatically be refused unless the copies have stamps form the issued body proving they are authentic copies.