EEA PR refused as not enough evidence of working...

[cuttingman23]

Applied for EEA PR in February, refused letter came today . But seems a simple provide more evidence scenario.

"As evidence your sponsor has been exercising treaty rights you provided 2012-2017 p60s. Apart from the marriage certificate Aug 2012 the next piece of evidence is your residence card Mar 2013. It is reasonable for this office to assume you were not resident during that period." They had my passport during that period, utility bill etc. and granted me a residence card.

I will reapply with my sponsors 2018 p60 and that will be 6 years evidence and my latest bank statement. Seems they could of easily called the company and asked if this person still works there or check via the tax office?

So do they want all the relevant pages of the EEA PR form again? Passport photos? All the bank statements etc... And again take 5 months or will they grant EEA PR quite quickly with the new evidence?

Thanks for the advice.

[secret.simon]

So do they want all the relevant pages of the EEA PR form again? Passport photos? All the bank statements etc...

It will be a new application with all the proof to be resubmitted again and will be as if you had not made an application before.

And again take 5 months or will they grant EEA PR quite quickly with the new evidence?

Again, it will be a new application with no reference to any earlier application and will be treated as such.

Seems they could of easily called the company and asked if this person still works there or check via the tax office?

It's your burden/duty to provide the evidence, not theirs. They will verify the evidence, but not get it for you.

[cuttingman23]

Thanks secret.simon.

Well I provided evidence for 5 years, they just moved the 5 years by 7 months... They have my contact details, so a letter, call or email to say "Please provide an extra 7 months of evidence" would of been easy enough. Seems they just want another £65 out of me.

Would of thought the first thing they check is what is the 5 year period I've sent in evidence and whether they agree that the 5 years are covered. Wouldn't take more than a hour for a junior member of staff to check the checklist and figure that out. Should of got refusal letter within 1 month, seems they sit on applications for 4 months before even looking at them.

[Qman]

Often times they will sit on it as long as time will allow, then issue a refusal off something trivial. The effort they put into finding said trivial item probably exceeds the effort and time of asking you to provide more info. At the same time plays into May's "hostile environment"

We submitted P60s for each qualifying year and several payslips (not all) and majority were from the one company (3 out of 5yrs) but HO worked on the assumption that in between the March and May payslip my wife could have left her employment (and returned) even though P60s say otherwise (HMRC could have confirmed too) and as such couldn't regard it as continuous employment. HO will not call to verify, in my case did not want any inference or presumptions, if the documentation did not spell it out at a primary school level then just be prepared for disappointment (I think it just means they can employ more people with less training). I had to resubmit over sixty payslips due to appeal and tribunal wait times, 6 P60s, letters confirming all the employments and over what periods and WRS.

Hope this helps you prepare.

[secret.simon]

"As evidence your sponsor has been exercising treaty rights you provided 2012-2017 p60s. Apart from the marriage certificate Aug 2012 the next piece of evidence is your residence card Mar 2013. It is reasonable for this office to assume you were not resident during that period."

If this is reproduced verbatim from the rejection letter, it is not your sponsor's P60s that they are looking for, it is likely yours.

Look at the second half of the extract. What proof of your residence in the UK did you provide? Remember that as the family member of an EEA citizen, your passport would not be stamped on entry and exit into any EEA member-state, including the UK. So, your passport is not sufficient proof of your residence in the UK for the five years. You need to show alternate evidence of your residence in the UK. Do you work in the UK? Salary slips would be a good way to do that.

[cuttingman23]

Thanks qman and secret.simon.

They say 3 times "your sponsor".

Going to send sponsors p60s and latest payslip, so covers Apr 2012 to July 2018. Jun 2013 to July 2018 joint bank statements. Jun 2014 to Mar 2018 council tax. 2012 marriage certificate. April 2013 child school letter. Jun 2013 child benefit letter. I only recently started work Dec 2017 to July 2018 payslips. They kept my old residence card, it was on a separate piece of paper.