EEA PR Refused not enough evidence

[Baloon]

Hello Forum members,

I have been reading the forums for awhile but now I am probably the one who needs a little help .

I have seen many cases on here but in our case the caseworker has somehow ignored the pay slips that were provided even to the extent that on the refusal letter all the rest is listed apart from the Payslips which confirms employment of my wife.

Some background:

So me and my wife have been married for almost 6 years and we live together happily. I am from Pakistan and she is from Latvia, we got married in Sept 2010 and on February 2016 we lodged our application for PR on the basis of 5 year continuous period living and working in the UK. It could have been done before but we just wanted to send and apply for PR together.

All the rest is fine apart that at the time while my wife was working and registered with WRS for the year November 2008 - November 2009 which is the start year of the 5 year continuous period she is claiming and we have provided all the necessary documents P60's and payslips (the payslips are covering the whole year period but I sent them 4 over different months beginning Nov 2008 then two in the middle and last one for November again just to keep the burden less my fault maybe) P45's letter of employment where available etc.

To cut it short the case worker has either overlooked or somehow missed the payslips completely and has focused more on the p60 which runs from April to April so he has concluded that not enough evidence has been provided to cover that whole period btw November 08 to November 09. I can assure we did provide payslips and they have been sent back as well but there is no mention of payslips any where on the letter that either they were missing or are not sufficient.

Although it has been refused but Appeal is granted and there is no requirements to leave the UK as such at this point. So I wanted to ask shall I send in paper work again to case worker with a cover letter for reconsideration or make a new application or go via appeal. My own understanding is to write a cover letter carefully and send it all for reconsideration. I can tell you from the letter we have received that there are other little mistakes as well on the letter of refusal which shows negligence or caseworkers incompetence or lets just say errors.

Also to include we can also apply on the basis when Latvia came out of accession state 01 May 2011 - 01 May 2016 provided we have supportive documents that she is or has been a qualified person, which again as I said we can but in this case we would need to make a fresh application as well.

I have never had any issues before with Home office as I always send them a cover letter explaining everything in details but this is the first time ever I didn't and thought it should be fine which was certainly not the case.

I would greatly appreciate some feedback from the honourable people of the forum.

[Baloon]

Also to add to this it took them 6 months to refuse could have been done earlier.
So 14 days from the date letter received (deemed date of service which was yesterday the 04/08/16.

Thanks

[noajthan]

Reconsideration can take a looonnnggggggg time.

[Baloon]

Hello Noajthan,

Thanks for the reply, but I have seen a recent post by someone on forums who did send in the documents for reconsideration (waited while chilling and watching Netflix ) and they were approved of course the cases and reasoning were sort of little different but for EEA PR.

[noajthan]

Hello Noajthan,

Thanks for the reply, but I have seen a recent post by someone on forums who did send in the documents for reconsideration (waited while chilling and watching Netflix ) and they were approved of course the cases and reasoning were sort of little different but for EEA PR.

I didn't say anything about the outcome. Just the likely wait.

[Baloon]

Hello Noajthan,

Thanks for the reply, but I have seen a recent post by someone on forums who did send in the documents for reconsideration (waited while chilling and watching Netflix ) and they were approved of course the cases and reasoning were sort of little different but for EEA PR.

I didn't say anything about the outcome. Just the likely wait.

Accept my apologies, in terms of time frame his decision was turned around in a Months time and obtained PR successfully, but then again could have been lucky as I would imagine you must have mentioned the fact due to having seen other people's decision times etc.

Regards.

[Baloon]

So would you recommend a fresh application. Thanks

[noajthan]

So would you recommend a fresh application. Thanks

Did you list the documents submitted in the application (in an itemised list in the bundle)?

You could try writing back pointing out the oversight, include any such original list of documents plus the payslips; see what happens.
But a formal appeal may take a year.

Otherwise suggest reapply.
With all the wild talk of Brexit you need to get this DCPR in the bag asap.

[Carling40]

Hi Baloon
i guess you must have seen my posts #netflixandchill, i can honestly tell you there wasn't a lot of chilling. As Noajthan has said you need this DCPR in the bag asap.

if you're sure you have grounds to request a reconsideration, (which it appears you do) i don't see why not go for it and appeal also, ive heard paper appeals don't take as long as oral appeal, moreover the refusal reasons seems to be around documentary evidence which can be easily proven by paper.

You've got to bear in my mind, an in time lodged appeal is the legal way to challenge an adverse decision to follow due process and a reconsideration request doesnt provide the same protections from administrative issues not having a document showing your entitlement to work etc, Your request can/may be ignored. i'd say 20 working days is sufficient to get a response.

i'd suggest this time in your letter you list all the documents you provided initially (no new information will be considered) in descending year format so its clear. Noajthan calls it spoonfeeding which i did and i guess it helped with what appears to be incompetent individuals doing a job that really isnt hard to be honest.
i wish you luck and keep us posted.

[Baloon]

So would you recommend a fresh application. Thanks

Did you list the documents submitted in the application (in an itemised list in the bundle)?

You could try writing back pointing out the oversight, include any such original list of documents plus the payslips; see what happens.
But a formal appeal may take a year.

Otherwise suggest reapply.
With all the wild talk of Brexit you need to get this DCPR in the bag asap.

Thanks for further response Naojthan, Itemised list not as such separately but on the checklist everything is clearly mentioned with the numbers indicating how many e.g. Payslips - 40. I just know its my fault I never submit documents like that and always write a very descriptive cover letter but I just don't understand how has the caseworker missed payslips and have not mentioned them at all he could have pointed out missing or insufficient that might have made sense.

Hi Baloon
i guess you must have seen my posts #netflixandchill, i can honestly tell you there wasn't a lot of chilling. As Noajthan has said you need this DCPR in the bag asap.

if you're sure you have grounds to request a reconsideration, (which it appears you do) i don't see why not go for it and appeal also, ive heard paper appeals don't take as long as oral appeal, moreover the refusal reasons seems to be around documentary evidence which can be easily proven by paper.

You've got to bear in my mind, an in time lodged appeal is the legal way to challenge an adverse decision to follow due process and a reconsideration request doesnt provide the same protections from administrative issues not having a document showing your entitlement to work etc, Your request can/may be ignored. i'd say 20 working days is sufficient to get a response.

i'd suggest this time in your letter you list all the documents you provided initially (no new information will be considered) in descending year format so its clear. Noajthan calls it spoonfeeding which i did and i guess it helped with what appears to be incompetent individuals doing a job that really isnt hard to be honest.
i wish you luck and keep us posted.

Hello Carling thanks for the reply indeed I have seen your post and that's what I have been referring too.
So you suggest I send documents for reconsideration as well as make an appeal (Paper one) at the same time to be on the safe side!! I heard one case back in 2013 on forums where they had appealed and paid for but send the documents back to caseworker as well although they did include more documents too still caseworker accepted it and called in to withdraw the appeal.

I do agree there isn't much chilling here either, it could have been avoided we made it very simple everything was well organised and almost spoon-fed apart from including a cover letter.

I would like to ask one more thing it says on the letter...

"If you consider that you have a right to reside in the United Kingdom as a matter of European Union Law, and are in a position to submit necessary information to support your application for document certifying permanent residence as recognition of that right, you may alternatively wish to submit a further application."

Does this mean a new (fresh) application or reconsideration!!

From what I hear specially considering there is even more evidence in support of application and we have it in hand maybe it would be a better idea to make a new application and write a cover letter. But here is one more thing as I have a refusal letter which I will include in new application there are a few things I would not be able to provide which obviously I can write in the letter since I don't have my passports anymore they have kept them. But shall I do the whole application form again (I know its not compulsory to use application form) just thought would ask you guys.

I am being very elaborative and do apologise but maybe in future it would help someone as well as we discuss and go through the whole process. I would love to hear further thoughts, Much thanks in advance.

[noajthan]

Yes the caseworker has invited you to make a fresh application.