EU permanent residency application refused!!! please advice! urgent

[nitina18]

hi everyone

I never thought I would have to seek advice for a refusal but here it goes. I am an EU national and I had applied for a EU PR card ( single application on paper). I am out of the UK at the moment so my friend sent my documents to me at my parents address abroad.

I was so sad and a bit shocked to see the refusal. I had provided evidence for a 5 years continous period from the past ( 2004 to 2013) and has asked them to choose any 5 years.

they said that some of the companies had stopped trading so they were not able to contact them, that my tax returns were photocopies, that the invoices I had provided for 2 of the years as self employed were on pristine paper ! like what the hell?

I had explained all in cover letter that one company I had worked for in 2004 had really closed down and therefore I had provided an employment history with all names of the companies and dates too! I was told by home office this was acceptable if my pervious p60s were lost due to my seperation from my ex. also I had provided letters from employer. so what can I do if company closed down but still hmrc provided me the proof that trhose companies existed and I really did work for them. then the tax returns I did with an hmrc officer in person! she then gave me the originals right there and then, they were not copies at all.

and the invoices for my self freelance work were on pristine paper so at that time my employer sent the invoices by email to me so I printed them off on my computer. I even have a letter from that employer saying I worked for them and it is still trading.

they gave me 14 calendar days to appeal but I been out of the UK cos my mom has depression so my friend who I stay with sent me the documents but is been now over 2 weeks as he had to find the time to send them and for them to arrive.

I called the home office saying maybe I can write to the caseworker whose name is on the decision and explain to him.

please advice!!! urgently pls

[Obie]

The HMRC evidence have always an acceptable proof which the courts and Home Office have always accepted and recognise.

You should file an appeal.

Were you applying as a former family member?

[nitina18]

hi Obie

I was not applying as former EU member not sure what you mean though?

I am an EU citizen ( cyprus) and I based my application on me exercising my EU treaty rights for continous period of 5 years in the UK as a worker ( in paye employment) for 3 years, then self employed and job seeker for some months. I made a single application just for myself and did not add any family members.

but as i said the case worker did not accept my employment history ( which proves I was working and had names of companies on it) and did not accept copies of my tax returns either ( which in guidance says copies of tax returns are acceptable). I talked to one lawyer who said is better to make a fresh application, provide all the documents I had already sent the first time.

But I am thinking if I should also get hmrc to write more details on the employment history such as company address at that time, my address, tax code etccc .
the employment history I sent to home office included the years I worked ( not exact months or days), the name of companies, my earnings, the amount of tax and NI I paid. I thought also this was acceptable by caseworker as home office at that time told me should be sufficient.

I am also getting the advice now of another lawyer what I should do next if they can help me and send new application or appeal..

do you know other people who had lost their p60s and had sent instead an employment history to home office and was accepted? and you sayd it is accepted by the courts, that is why it really suprised me the caseworker did not pay attention to it and just refused me. and arent copies of tax returns accepted?

[AdInfernos]

I have obtained my PR based on self-employment between 2007 and 2012.

The documents I sent where printed copies of my self-assessment forms (SA100), one for each relevant year. I didn't have the SA100 for 2011 and 2012 because the pdf files I kept in my computer were corrupted, but made a subject access request to HMRC and they sent me screenshots of their copies as well as Tax Calculation (SA302) for all the period. I also requested an statement of all my National Insurance contributions for those years.

You can request your information here: https://www.gov.uk/guidance/hmrc-subject-access-request

Also, if you have been self-employed, you have to send proof of residence (the above counts as proof of employment). For this I used Council Tax statements, one for each relevant year PLUS any years thereafter to present date. If you don't keep them, you can also SAR your Council and they will send it to you. Alternatively one bank statement or utility bill per year will be accepted. Again, remember that even if you claim that you become a permanent resident in, say, 2012, as I did, you still have to send evidence that you have lived in the UK form 2012 to 2017. You do not have to send evidence of employment after the date you acquired PR, although I would send evidence for a couple of extra years just in case.

With the above documents my PR was issued 49 days after I posted the application.

[nitina18]

hi

thanks for your reply. for PAYE employement from 2004-2007 I worked for 3 different companies in thgat time and I included an employment history from hmrc ( I made a subject access request) and they listed the companies, the years of empoyment and the amount of tax and NI I paid. then for the self employed work I did from 2007 to 2008 and after I included copies of SA100 tax returns for each of the years and an SA 302 from hmrc. the caseworker said copies were not accepted and he did not accpet my employment history either so he discounted all those years that I actually worked!

then for residency purposes I included some bank statements from years 2005 and over. for year 2004 I could not include any bank statements or residency thing because unfortutanely as I explained before my ex threw away all my p60s as well as our rental contracts and other bank statements from 2004 and up. so I went to natwest bank which was my bank before ( I have since closed my account with them) and they could not provide me bank stataments from 2004 because they said I closed my account with them and it is too far back. so I had no choice but I explained that in cover letter.

I provided all the addresses I was living before. my ex husband used to pay the council tax and bills then for all my qualifying years whereas I paid all other expenses such as food, our holidays, outings etc

so if I made a subject access request to Manchester council ( since was living there all that time) they will have my manchester addresse with my name on file even though it was my husband that paid the council tax then? I can include his name too? p;ease advice. I have been working all those years and living there and I really know I got PR then just did not apply at that time.

also for my self employed job, I included a letter from my employer saying that I worked there, the dates, my pay etc. my employer at that time used to pay me by cheque and I used to deposit the checks in my bank account or sometimes he would deposit them. so on the bank stataments, it says deposit of cheque but does not say the name of the company. also on the invoices hed sent me it didnt have name as the invoices were completed on the computer and then I printed them. what can I do about this?