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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My wife just revived refusal letter home office about her

Resolved Question:

Hello
My wife just revived refusal letter home office about her permanent visa. Reason for refusal is EEA national sponsor failed to provide evidence he was employed continuously for period of 5 years. Im Slovakian national (EEA) and i have been continuously working since 2008 for same employer. They never asked us for supporting evidence. I have all of my payslips, P60, Contract, National insurance, WRS. What evidence they needed, they should let us know. We going o appeal against their decision. Can you let me know if we have a case or not?
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Customer: Hello
My wife just revived refusal letter home office about her permanent visa. Reason for refusal is EEA national sponsor failed to provide evidence he was employed continuously for period of 5 years. Im Slovakian national (EEA) and i have been continuously working since 2008 for same employer. They never asked us for supporting evidence. I have all of my payslips, P60, Contract, National insurance, WRS. What evidence they needed, they should let us know. We going o appeal against their decision. Can you let me know if we have a case or not?
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Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi,

Did you send your payslips, P60, Contract, National insurance, WRS etc with your applicaiton when you originally submitted the application?

Tom

Customer: replied 1 year ago.
NO we did not as they didn't ask for it. If they contact us there is insufficient evidence i would sent it. There was no communication from Home Office. Thanks
Expert:  Thomas replied 1 year ago.

Thanks. Drafting your answer now. 5 mins please ,

Expert:  Thomas replied 1 year ago.

Hi

Thanks for your patience.

The home office have correctly rejected the application unfrotutnaely, they have not acted improperly.

Their view is that you must prepare and submit all the supporting evidence with your applicaiton when you submit it and that it is not for them to contact you to advise you to submit documentation once you have submitted. They can if there is only one missing piece of evidence, but they won’t do this where there is a considerable amount missing.

Basically, you can either appeal the decision and before the appeal is heard send them your grounds of appeal with all your evidence. At this point the home office may decline to defend the appeal and say that they will approve Permanent Residence. However they may choose to defend the applicaiton stating that the evidence was not provided at the time of the application.

Alternatively, you can wait until they return your documents to you and then submit a new application with all the correct supporting evidence.

You have to collect as much documentary evidence as you can. The keys is providing as much information establishing both your period of residence in the UK over the 5 years and the work that you have carried out over this period of time.

So, you should submit by way of such evidence:

{C}· Passport and any expired passports that you still have

{C}· ID card

{C}· Your registration certificate

{C}· Your contract of employment

{C}· Your tax returns of p60s for each financial year

{C}· Your payslips over the period of the 5 years.

{C}· Bills which show that you have been living at your address

{C}· Bank statements showing your address and financial activity over the 5 years.

{C}· A letter from your employer confirming that you are still employed in the UK

{C}· Any correspondence from government departments that you have received over this time

{C}· Tenancy agreements or land registry official copies (if you own your own home)

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. If you are satisfied then please leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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