Permanent resident

hyfa · Post by **hyfa** » Mon May 14, 2012 11:59 pm

Can you please advise on the following, I applied for my mother to stay with me in the uk as a dependent with me as I am a dutch citizen, exercising my treaty rights.

Today I have received a letter from he uk border agency to say that they have refused it on the grounds that I have not supplied proof of 5 years consecutive stay in the uk.

The letter is dated 10th April, I received it on the 14th may. Will I be within the timescale to appeal ? I have nothing to proove that i have just received it or should I apply again as a new application ?

Please let me know as soon as possible as time is of the essence

I really appreciate your help

Thank you

Th

Punjab · Post by **Punjab** » Tue May 15, 2012 9:34 am

Hiya mate nothing to worry you can re apply with allthe supported documents which werem issing before. Best wishes

hyfa · Post by **hyfa** » Tue May 15, 2012 10:31 am

Thanks for reply.so please tel me when I will reapply then I need include their previous letter with the new application or not? and what kinds of document I need to send?please reply me urgently.thanks in advance

Punjab · Post by **Punjab** » Tue May 15, 2012 11:06 am

just make a fresh application mate and if possible write a cover letter. i dont think it will be necessary to mention about previous letter.

but if you want you can give ref number of the old letter and explain them that you are putting all the documents which they mentioned were missing.

Post by **Jambo** » Tue May 15, 2012 11:14 am

Which application did you actually make? Was it within the UK or abroad?

hyfa · Post by **hyfa** » Tue May 15, 2012 11:45 am

Hi, I applied in the uk.

My mum is living with me in the uk. She has already got a letter to say that she can live here as a dependent of an eu citizen for 5 years , which has now expered. That's why I just wanted to apply for her permanent stay. I have utility bills to send, which I did but the breakdown page that was attached was on plain paper and was not mentioned on the main letter.

Please advise, should I re-apply with any extra documentation & state on a covering letter that I had sent 5 years proof, but wasnt mentioned on the main utility letter. or should I get monthly bills for the last 5 years in her name?

Please reply urgently.

Post by **Jambo** » Tue May 15, 2012 12:00 pm

Under EEA regulations, rights are obtained automatically based on the EEA national activities. The HO just confirms those rights so the fact that her 5 years Residence Card had expired is not an issue. There is no need to appeal. Just reapply with the missing documents (didn’t really understand what you meant by “attached on plain paper” and “main utility letter”).

dasjoker · Post by **dasjoker** » Tue May 15, 2012 12:08 pm

have you been working last 5 years?

hyfa · Post by **hyfa** » Tue May 15, 2012 12:28 pm

Hi,

Yes I am working and have been more than 5years.
I sent them a water bill (i called it a utility bill) the bill had a breakdown of charges that was not on letter headed paper, which is why the home office ignored it. It had 5 years billing history.

Please reply urgently. Thank you

Punjab · Post by **Punjab** » Tue May 15, 2012 1:46 pm

please follow the checklist on the application form i do know that you need to provide proof of 5 yrs of exercisinig treaty rights your pay slips p 60 etc etc

just gather all the documents again with your bank slips and cover lette and your tax returns ni contributions etc and send to HO. it should be fine

hyfa · Post by **hyfa** » Wed May 16, 2012 11:46 pm

Home office did not return back my mother passport .please kind people advice me what can I do now .fress apply or appeal and how?i highly appreciate your kind advice.please urgently.thanks in advance

Punjab · Post by **Punjab** » Thu May 17, 2012 9:26 am

hyfa wrote:Home office did not return back my mother passport .please kind people advice me what can I do now .fress apply or appeal and how?i highly appreciate your kind advice.please urgently.thanks in advance

It might be Illegal to keep the passport as it's the property of the government which issue it. Unless something was serious i see no reason for them to keep her passport .

Anyways you need to write them a cover letter expaling everything in it then you need to fill a new application form and put all the documents in it which were missing and send them back

Best wishes

hyfa · Post by **hyfa** » Sat May 19, 2012 4:06 am

Thanks for reply .The Ho stated on my mother refusal letter if she does not appeal or not provide further document then she must leave this country .that is why I lodge an appeal to stop her deportation.so please advice me what can I do now?is it possible to submit frees application as wel and how? Because her original passport was lost. that is why she sent new passport with pollice report and Ho did not return back that passport with refusal letter but they sent back all other document.please advice me urgently.i am waiting for your kind advice. Thanks in advance

Post by **EUsmileWEallsmile** » Sat May 19, 2012 9:08 am

hyfa wrote: Today I have received a letter from he uk border agency to say that they have refused it on the grounds that I have not supplied proof of 5 years consecutive stay in the uk.]

I take it that you applied for permanent residence. If you are still exercising treaty rights in the UK, the HO should at least issue a new residence card and not retain the passport / threaten deportation.

hyfa · Post by **hyfa** » Sat May 19, 2012 11:13 am

I am working and also I have got permanent resident card. So please kind advice.Thanks in advance

Post by **EUsmileWEallsmile** » Sat May 19, 2012 4:49 pm

hyfa wrote:I am working and also I have got permanent resident card. So please kind advice.Thanks in advance

If you have a PR card, your dependent mother can be with you. Complain and strongly.

hyfa · Post by **hyfa** » Sun May 20, 2012 11:23 am

Thanks for reply.Please tel me how can I strong complaine and where? I really appreciate your kind advice .Thanks in advance

Post by **EUsmileWEallsmile** » Sun May 20, 2012 1:57 pm

NWCSU@homeoffice.gsi.gov.uk

Post by **EUsmileWEallsmile** » Sun May 20, 2012 2:03 pm

There was a similar problem recently.

http://www.immigrationboards.com/viewtopic.php?t=97232

Post by **EUsmileWEallsmile** » Sun May 20, 2012 2:05 pm

hyfa wrote: Today I have received a letter from he uk border agency to say that they have refused it on the grounds that I have not supplied proof of 5 years consecutive stay in the uk.

What exactly did the letter say?

hyfa · Post by **hyfa** » Sun May 20, 2012 3:51 pm

Thanks for reply. Letter say you applied for permanent but you provided just 2 years utility bills(actually she sent all 5years bills)that's why refuged your application.you have right to appeal or further application with further documents.If not either must arrange to leave this country if don't do so we will force you to leave.so how it is possible according to Eu Law.please advice me .Thanks in advance

Post by **EUsmileWEallsmile** » Sun May 20, 2012 5:55 pm

hyfa wrote:...Letter say you applied for permanent but you provided just 2 years utility bills...
...or further application with further documents

If you can do so easily - that's what you should do. What evidence can you provide that she lived with you in the UK?

...If not either must arrange to leave this country ...if don't do so we will force you to leave...

I would object to this and the retention of the passport. If you have provided evidence that your mother is in the UK legally with you, she should not be threatened with removal.

hyfa · Post by **hyfa** » Sun May 20, 2012 6:13 pm

Thanks for reply .i am not understand about in this situation .please explaine me .Thanks

Post by **EUsmileWEallsmile** » Sun May 20, 2012 6:18 pm

I understand that the situation is as follows:

You are an EU citizen, whose mother is here with you.

The EU citizen has already got PR card.

The mother has already got a RC, which is about to or has expired.

The mother applied for a PR card and appeared not to have shown sufficient evidence that she was resident for five years.

The mother's passport has been retained and there's a nasty insinuation that she may be deported.

Please confirm I've understood completely.

Post by **EUsmileWEallsmile** » Sun May 20, 2012 8:34 pm

hyfa wrote:Thanks for reply .i am not understand about in this situation .please explaine me .Thanks

It will be easier to explain if you answer the questions I'd posted above. It will simplify my response (otherwise, I could get it wrong).

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