PR refused - Non EU spouse

[Chacha321]

Hi everyone,

Appologies if I'm posting in the wrong thread or if my question have been asked before could not find anything thing similar.

My situation is:
Apllied for PR after 6 years of marriage to an EEA national.
Application made on 20-02-2018 just two months before RC was due to expire.
My wife acquired her PR since 06-2016 a month after our baby boy was born.
Today received a refusal letter with right of appeal stating I have not provided sufficient evidence of my residence in the UK for the past 5 years eventhough i have never left the UK for more than 2 weeks at anytime since I came to this country in 2002.I thought my activities was irrelevant as my wife has PR.

My question is should I appeal or make a new application?
Can someone advice me on this one please can't afford to loose my job.

Thanks in advance

[Obie]

does your wife have a card issued to her?

[Chacha321]

does your wife have a card issued to her?

Hi Obie,
Thanks for you reply, yes she has one of those blue PR issued in June 2016.

[at12]

Hi Chacha,
Just wondering what documents did you provide as proof of residence in the UK with your PR application?
You are right that your activities are irrelevant, but you still have to show that you were here for the 5 years prior to the application with documents for each year.. council tax letters, bank statements, utility bills, etc?

[Chacha321]

Hi Chacha,
Just wondering what documents did you provide as proof of residence in the UK with your PR application?
You are right that your activities are irrelevant, but you still have to show that you were here for the 5 years prior to the application with documents for each year.. council tax letters, bank statements, utility bills, etc?

Hi at12,
Thanks for your reply, I provided two joint utility bill water and council tax for 2016-2017 the rest of docs was mainly my wife, 5 years bank statements, x2 passports, wife's pr card, son's birth certificate, letter from HMRC wife, marriage certificate.

I have just printed out 5years worth of bank statements for myself now digging through all the paper work looking for all my p60s and in the mean time waiting for my last 5 years employment history from HMRC.
I have to act quickly can't afford to loose my jobs my little one have start nursery soon.

[at12]

Well, it seems that this was the reason.
They require documents, in your name, for each of the 5 years before your application (2013-2018). Two utility bills and one council tax would not have been enough.
I think this is all you have to sort out, have a look a the guidance again to make sure you are satisfying their requirements. I am not sure they take bank print outs, all needs to be original.
Good luck!

[Abeythedon]

They take bank print out but everything must be stamped by the bank.

[Chacha321]

They take bank print out but everything must be stamped by the bank.

Thanks again for your kind replies, I have printed all bank statement 2013-2018 will have them stamped by the bank and I did find my P60s but 2017 missing will mention that in the cover letter.

Should I sent 12 months worth of statement for each year or just a few for each year?

Thanks again for your help fellow citizens.

[Abeythedon]

They requested for 2 documents for each year but I will send 4 documents of different sources for each year.

[Chacha321]

They requested for 2 documents for each year but I will send 4 documents of different sources for each year.

Hi Abeythedon,
What about if I send 2 bank statements for each year 2013-2018, x4 P60s, x12 wageslips to cover for the one missing P60, water + council tax from 2014 to date. Prior to this we're living in a shared house and Landlord was paying for all the utility bills.
Will this be enough?
Many thanks

[Obie]

does your wife have a card issued to her?

Hi Obie,
Thanks for you reply, yes she has one of those blue PR issued in June 2016.

If she has PR, then you ought to have succeeded. You must exercise your appeal rights.

[Chacha321]

does your wife have a card issued to her?

Hi Obie,
Thanks for you reply, yes she has one of those blue PR issued in June 2016.

If she has PR, then you ought to have succeeded. You must exercise your appeal rights.

Hi Obie and others gurus on this forum I need advice on exactly what do next after PR application refusal.
Sorry for the long post but will try to keep it as short as possible.
The refusal letter is as follow:
You applied 19.02.2018 for PR card, as a family member of an EEA who has been exercising Treaty rights in UK for continuous 5 yrs.Im writting to let you know that your application has been refused.

What this means for you
Direct family members of EEA nationals exercising Treaty rights are not required to hold documentation to confirm their rights to reside in the UK. However, if you would like to do so and evidence that you are the family member of an EEA national who has been exercising Treaty rights in the UK you can make another application.
Information on how to do thisis in the next steps section of this letter.

Reasons why your application has been refused
Your application has been refused under Regulation 15 (1)(b) of the Immigration (EEA) Regulations 2016. You have not provided sufficient evidence that you were resident in the UK for a continuous 5 years when you EEA national sponsor was exercising treaty rights. The only evidence that you provided is 2 utility bills dated 13.02.15 and 07.02.18.This does not cover a 5 year period and is therefore not sufficient evidence.

Next steps
You have a right of appeal against the decision under regulation 36 of the Immigration (EEA Area) Regulation 2016. This appeal may be brought before the First-tier Tribunal (Immigration and Asylum Chamber (IAC) while you are in the UK and may continue while you are outside of the UK if necessary. You have 14 calendar days from the date this decision was made to appeal.

If you do not wish to appeal but consider that you have further evidence to prove that you are an EEA or Swiss national exercising Treaty rights in the UK, it remains open to you to make a further application.

Here's is the document I sent with application:
Wife: 5 yrs bank statements (2013_2018)
Her PR card (issued 06-2016)
Marriage certificate (married 6 yrs now)
together over 8yrs
2 utility bills in both names as mention in
refusal letter
Passport and our sons birth certificate
Me: Passport
RC in passport (expired 18-04-2018)
2 utility bills as mention in refusal letter
Cover letter

Can someone please advice on whats best to next either to appeal decision or put in a fresh application with all the evidence I have.

Thanks for taking the time to read this far.