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Hi Aladin0987, happy New Year.Aladin0987 wrote:Spiky boy I am sorry to say that there is not such an idea except repeatedlly calling them and bombard them with letters+faxes.
Let is put it this way a "barbaric monster or dragon try to kill or eat ur kids and wife! ur first reaction would be throwing whatever u have at him"
Do ur best do not give up they are barbaric psychopaths they are bully individuals, I can see the end of this bully regime!
or Mp+Solvit+etc... u know all this any way
Happy New Year
congrats. I am still waiting for mine and it has exceeded 7 months nowjbis wrote:Hi Everyone,
I'm new to this forum despite having checked it on a number of times whilst I was preparing to send my documents to the Home Office.
I'm a non EU citizen married for over 5 years to an EU national ( A 8countries). Got a family member residence stamp for a year when I first applied in June 2007 then a 5 years residence card which was due to expire in July 2013. In 2009 my wife and I had a baby and she stopped working after her maternity leave came to an end. The complication was that even though she was looking for work, mainly applying for jobs on line, she eventually stayed unemployed for almost one year and 10 months, so from October 2009 until March 2010 she was a job seeker, then from March 2010 until February 2011 she was just looking after our baby as we had some childcare issues, from March 2011 until March 2012 we had a Comprehensive health insurance, but in the mean time September 2011 until now she started working again. Bottom line she was at least 11 months doing nothing other than looking after our baby, I have always worked through out this 5 years period but it was irrelevant as she was the one supposed to exercise her EU treat rights. Since I could apply for a Permanent Residence Card this August, then I did back in August.
Time line:
06/08/2012 Application sent by recorded delivery, received by the home office on the following day.
01/09/2012 The home sent everything back, saying that there was not enough evidence qualifying us for Permanent residence
01/09/2012 same day I wrote a letter explaining how my wife had exercised her treat rights under the EU regulations and asked them to check carefully the contents of the application as all the documents relevant to our case were there, including a letter explaining that she had stayed 11 months just looking after our baby for a number of reasons and to please not send the application back without further consideration.
17/10/2012 I got a coa
10/12/2012 We got our documents back, mine and my wife's all together, PR and Permanent Residence Card both issued on the 01/12/2012.
Happy days!!!!
I think that a good letter explaining how she exercised the treat rights and how they could find the evidence among the documents sent was key to get these applications granted in my opinion fairly quick, compared to a number of posts I read in this forum, specially around long absences and comprehensive health insurance.
Thanks Guys and good luck guys. Jbis
Hi Jambo, I read the Q1 post above, it mentions 6 months absent a year, is this only for EEA nationals or family members(Non EEA) as well?Jambo wrote:Not an issue.spike_UK wrote:Hi guys, I'm planing to go on holiday to my country for 2 or 3 months but my EEA spouse is staying here because of her job, being absent for 2 or 3 months will affect my rights when applying for PR after 5 years of marriage?
Many thanks guys.
See also Q1 in EEA FAQs - Common Questions - Read before posting - Permanent Residence.
Both. Same rule apply to both the EEA national and the non-EEA national.spike_UK wrote:Hi Jambo, I read the Q1 post above, it mentions 6 months absent a year, is this only for EEA nationals or family members(Non EEA) as well?Jambo wrote:Not an issue.spike_UK wrote:Hi guys, I'm planing to go on holiday to my country for 2 or 3 months but my EEA spouse is staying here because of her job, being absent for 2 or 3 months will affect my rights when applying for PR after 5 years of marriage?
Many thanks guys.
See also Q1 in EEA FAQs - Common Questions - Read before posting - Permanent Residence.
Many thanks mate.
Sorry to hear about ur refusal.HO took nearly a year to decide on ur application.I have sent joint bank statements as proof of residence. And I'm still waiting for my prAladin0987 wrote:After 11 months of waiting since february last year I got refusal finaly and the reason is that because our utility bill is not separate and it is together, I mean my name and my wifes name is both in the account and they refused me for this reason as they say " Jointly named document dose not specify your definite residence in the United Kingdom"![]()
I came to uk when I was 16 and I never traveled since because I could not.
Imagine there is no heaven above us onley sky...
Hi Aladin0987, I'm truly sorry for what I hear, your refusal is unacceptable and all my bills are joint name(my wife and I) never had a problem with it.Aladin0987 wrote:After 11 months of waiting since february last year I got refusal finaly and the reason is that because our utility bill is not separate and it is together, I mean my name and my wifes name is both in the account and they refused me for this reason as they say " Jointly named document dose not specify your definite residence in the United Kingdom"![]()
I came to uk when I was 16 and I never traveled since because I could not.
Imagine there is no heaven above us onley sky...
Yes you right but Aladin doesn't have a national passport either, that is why he has never travelled no where even he has RC,Marco25 wrote:Hi Aladin,
According to to the EU law as long as you still married to your europian wife they can not send you back no way no how, don't worry about that, just hire an immigration solicitor will do the job fo you. In other hand regarding your right of appeal if you don't produce your valid passport and your wife passport or her ID they don't give you a right of appeal, you need to show them your national passport from yourself not your ID as you are not europian national yourself. Home office only accept ID from EU countries. If you go to home office website and read case workers guidelines on EEA application clearly written if you don't send valid passport they refuse you without right of appeal.
Aladin0987 wrote:much appreciate ur comments, I do have a thingy called an ARC card wich is issued by home office for asylum seekers and it is not the issue.
gyz I need to know -how long is the deadline for appeal and how to get the appeal form as they did not enclose one with the refusal letter.
-wheather an officeal utility bill COPY wich provided by water company is recognised as a genuine bill officeally?
-how can I invite independant body in to the court to watch if they do not deny my right unlawfully in case if they buy the judge and maniplate the whole scenario.
I desperately fancy a late dusky evening walk with Pat Finucane...
wots the reason refusal it doesn't make any sense at all wot does the paper say abt the refusal ?Aladin0987 wrote:Marco my wife has got Permanent Resident Card and has a full time job since June 2006 and still work full time and propebly forever, and as far as I am concern we r still together and she is still my wife lol
we literally have been married for 5 years and lived together for 7 years.
My qustiouns are these:
1-if an european national allready have a Permanent resident Card after a succesfull EEA3 application dose the Non-EU family member still need to provide proof of address?
2-are copies of utility bill which provides by the provider company can be recognised officeally as a proof of address? as I lost some of the none joint account's original bills, but as I called the companies they were fair and able to send me the same bills with the word COPY on them.
3-how to appeal as they have not send the appeal form but I do have a right to appeal, and how many days do I have before my appeals deadline?
please get me these answers if u could, nd I thank u for ur concern.
"I never think of the future. It comes soon enough."
the residency starts when he set foot on uk from that date not from marriage certificate .Marco25 wrote:Hi Aladin,
Friend of mine is a immigration solicitors I will explain your case to him and come back with answer to you hopefully tomarrow, but need to ask you some question if you don't mind?
Are you still married?
Part from you wife pr, did you also send her passport with your application?
Did you wife had a full time job for last 5 years?
In order to apply for PR eea4 you must be living in the uk for 5 years according to the EU law as your time here before as an asylum doesn't count toward your 5 years residency, your 5 years start from the date you married and your married recognise by home office, if you we're legally in the country before married with any sort of visa you could argue that you been living here for long time. your 5 years residency starts from the date you married.
it could the wrong application form or u didn't fill it as they wantedAladin0987 wrote:hi gyz thanks for ur reply
my main concern now is that they have not sent an appeal form and ask me to leave the uk![]()
how can I get an appeal form?
can I use Imigration or solicitor letter in the past as a proof of address?
If I ask the other utility bill company to send me a copy of bills in the past do you think it is officially recognised as a proof of address?
document sent with the appilcation:Permanent resident Card of my wife+my ID+Marriage Certificate+bank statment of my wife+p60+p45+joint tenansy aggrement+joint water utilitty bill+etc... from 2006 to 2012
Something isnt right nd I assume it is not the application form lol