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EEA4 refusal for lack of sufficient documents!

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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King2008
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Joined: Wed Jun 19, 2013 5:16 pm
Location: London

EEA4 refusal for lack of sufficient documents!

Post by King2008 » Wed Jun 19, 2013 6:06 pm

Pls, could you contribute your opinion!!

Procedural History:

1. Married Dec.2004
2. RC granted 2005 - 2010
3. PR refused 2010 for lack of sufficient document(per 2006/2007)
4. RC applied and granted April 2012
5. Divorce finalised April 2012
6. UKBA notified to that effect regards point 5, with relevant supporting documents of ex - EEA spouse exercise of treaty rights till Divorce finalised and my exercise of treaty since after divorce finalise
7. UKBA responded after about 7months to point 6 with a letter confirming Retention of Rights of Residence following divorce
8. Applied for PR in November 2012, while i was yet to receive the responds to the Retention of Rights of residence. It is pertinent to note that at this time the relevant supporting documents were still in UKBA's possession!
9. I did made it very clear in my covering letter to that effect regards the supporting documents, but it appears consideration was not accorded, because the documents mentioned for the PR refusal did not include any of them!!

What do you think is the best option for me now?-
a. Appeal with all relevant documents
b. Reapply with all relevant documents
c. Write for Reconsideration with all the relevant documents!!!

Thanks for your concern

Plum70
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Joined: Thu May 22, 2008 12:07 pm

Post by Plum70 » Wed Jun 19, 2013 7:43 pm

What documents did you provide in support of your EEA4 application and what exactly does the UKBA refusal letter state?

King2008
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Posts: 4
Joined: Wed Jun 19, 2013 5:16 pm
Location: London

Post by King2008 » Wed Jun 19, 2013 9:10 pm

@Plum, Like I earlier stated, It was stated that you have supplied insufficient documents' although, prima facie or at first instance yes! Because most of the relevant document were still in the application for ROR, at this time. However, due the fact that the responds was not forth coming and I have subsequently acquired the PR, hence my PR application with a covering letter that the bulk of the documents were with them. A week after my PR application I got the confirmation to ROR with the bulk of supporting documents!!! I thought they will write to me requesting them as it may be required!!!

Obie
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Post by Obie » Wed Jun 19, 2013 9:44 pm

The option is open to you to request a reconsideration or appeal.

It is noteworthy however, that unlike an application for ROR, an application for PR, require you to show that throughout your marriage and until your divorce, your EEA national was exercising treaty rights.
Smooth seas do not make skilful sailors

King2008
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Posts: 4
Joined: Wed Jun 19, 2013 5:16 pm
Location: London

Post by King2008 » Wed Jun 19, 2013 9:58 pm

@Obie, yes i'd historic relevant documents regards the qualifying period 2007- 2010(p60's - 2008,2009, P45-2009 and HMRC statement of a/c - 2009,2010, 2011 & 2012 coupled with relevant biz bank statements indicating biz credits and also HMRC NIC exempt letter for small biz earners and also applicant's exercise of treaty since after divorce
Last edited by King2008 on Wed Jun 19, 2013 10:17 pm, edited 1 time in total.

King2008
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Posts: 4
Joined: Wed Jun 19, 2013 5:16 pm
Location: London

Post by King2008 » Wed Jun 19, 2013 10:16 pm

@Obie, pls will you be kind enough to point me on the channel of Reconsideration! Do I need to fill a form or just a covering letter with the relevant documents??

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