Anyone submitted EEA4 & EEA2 simultaneously to get eithe

[bessenjust]

Simultaneous application EEA4 & EEA2. (Strategic plan and advice).

Me: South African (Holding RC expiring in Oct 13).
Unmarried Partner: Belgian

Basically there is a couple months gap where my partner was not exercising treaty rights, so basically I want to know if anyone feedback on documents they used for their a similar situation / application as well as any feedback on my suggested strategy.

The strategy:

As there is a very good chance I will not be granted PR due to the above gap my plan is to send the documents I have which are relevant for an EEA4 application covering 5 years. With the EEA4 Application I will submit a cover letter asking that should my EEA4 not be granted can they please transfer my file to the EEA2 department as they only required a couple of months (Proving) treaty rights are being exercised which we have no problem.

Is this possible or will they just refuse my EEA4 application and send documents back and not to EEA2. They are both located in the same building which is why I thought it would work.

Documents I will be sending.

Myself – Self employed
1. Self assessments (Covering 5 years)
2. Bank statement cover only showing address.
3. NI & Tax payment confirmations.

Partner
1. P60’s (Covering 2005 – 2008)
2. Letter from employer confirming working for them from 2008 – 2011 on letter headed paper.
3. 2011 – current (Self employed) – has self assessment to submit.
4. Bank statement – Front cover 5 years.
5. Utility bills covering 5 years.

Durable relationship:
1. Tenancy agreement
2. Joint bank account

Any feedback on documentation as well as the simultaneous application.

[EUsmileWEallsmile]

As there is a very good chance I will not be granted PR due to the above gap my plan is to send the documents I have which are relevant for an EEA4 application covering 5 years. With the EEA4 Application I will submit a cover letter asking that should my EEA4 not be granted can they please transfer my file to the EEA2 department as they only required a couple of months (Proving) treaty rights are being exercised which we have no problem.

Is this possible or will they just refuse my EEA4 application and send documents back and not to EEA2. They are both located in the same building which is why I thought it would work.

There is guidance that suggests where an applicant submits insufficient evidence for PR, but sufficient for a RC; a RC should be granted.

Write a good letter.

[bessenjust]

Thank you. I have also read that many applications are being returned due to insufficient doc etc would you recommend I state in my cover letter that I would like a decision made based on my submitted documents only as I do not wish to delay the process by requesting furred documents? Or would that come across in e wrong way lessening my chances?

[EUsmileWEallsmile]

See 6.5 of this document http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[bessenjust]

Quick question. What if this were to happen?

I am on EEA2 RC - Expiring at the end of the year. But myself and my unmarried partner are no longer together. ???

I have been exercising treaty rights for 5 straight years and can prove it. She wont provide any proof to help with my application? What do I apply for to stay?

[Jambo]

Than you lose your right of residence in the UK unless 5 years have passed since the issue of your RC as unmarried partner and your partner has exercised treaty rights during that time.

You can't exercise treaty rights. Only the EEA national is exercising treaty rights. The non EEA activities are irrelevant.

[bessenjust]

So, if I have been here for the full 5 years exercising treaty rights, my girlfriend and I break up, she is not contactable and doesnt want to help me then I move back to where I came from?

[Jambo]

I said:

You can't exercise treaty rights. Only the EEA national is exercising treaty rights. The non EEA activities are irrelevant.

You said:

So, if I have been here for the full 5 years exercising treaty rights

So this means that you are EEA national? I suspect this is not the case. only the EEA national can exercise treaty rights.

, my girlfriend and I break up, she is not contactable and doesnt want to help me then I move back to where I came from?

Well, if you can't provide proof that your girlfriend has been exercising treaty right, how do you expect the HO to confirm your PR? Should they just take your word without any proof? Your employment is irrelevant.