Please please please help EEA 2 Home office visit help:-

[Kev8585]

Dear All,

Time line and need advise.

Husband Indian
Wife Portuguese.

Initial Application 3 rd November 2013
Visa Expiring 15th November 2013

Application retured payment problem 3rd December 2013

Re-Application Date:- 4th Dec 2013
Coa with work 30th Dec 2013.

During the application we clearly mentioned that we are not staying together as we have family (parents) problems due to our religion being different.

Our relationship is 5 year old . (proof provided with application)

Home office visit:- 03/6/2014:- to check if my wife is staying with me and check genuinne realtionship:

Genuine relationship:- saw phone calls and love messages

Staying together:- I already mentioned in the application it will take time. (Dont they read the cover letter)

Now I have a feeling they will refuse the Application:

Question 1:- Do I get right to appeal as my re-application date was 4th december 2013 i.e after 15 November 2013 my visa end date.

Question 2:- If no right to appeal that what options A) re-apply B) go back home and apply C) something else entirely.

Throughout our relationships we have been frowned upon by many people because of religion. We need support. Please help us. Please advise us.

[Obie]

Well the line between a genuine couple living together and a sham couple living apart, is very narrow.

Giving the fact that there is no history of joint cohabitation, you have a bit of work to do, in convincing them that your relationship was genuine from the outset.

[Kev8585]

I absolutely understand what your are saying.

I submitted proof of our relationship back dated from 2008.

I have tonnes of proof to prove we are genuine.

Also we were in a livin relationship somewhere between 2009 and 2011 for approx 2 years. we have stayed togather as a couple.
Its just because of old parents and they blackmail us if we come together. We told homeoffice in our application the truth. We did not hide the fact of us staying apart temporarily. We did not lie our application.

I am thinking what options will be availabe to me going foward.

[Obie]

If what you are saying is correct. Then you are protected by the letter and spirit of the law.

They cannot refuse simply because you dont live together.

They can only refuse if the relationship is a sham in its entirety.

Even in such circumstances, you will have a right of appeal.

[Kev8585]

Thanks Obie.:

So I do get a right to appeal even if my visa expired on 4th November 2013

Re application was 4th December 2013 ( first one payment problem).

As one of my friend was saying I may not get right to appeal if this is the case as I may be classified as over stayer.

I am confused.

In worst case scenario with no right to appeal. What would my option be.

sorry for being a pain.

[Obie]

There will be a right of appeal under regulation 26, so long as you provided a passport or ID of the EU citizen, and a passport of yourself.

You friend is confusing the EEA regulations and the immigration rules. The later will confer no right of appeal if your application was made after your leave had expired.

The former is a different regime altogether.

[Kev8585]

Thanks a lot Obie.

Can I ask a favor please?

Is it possible for your or any other moderator to keep an eye on this thread for few days.

I would like to keep posting as things develop.

Thanks a lot for your help.

Kind Regards

[Kev8585]

Dear all,

EEA regulations 2006 part 17 says as follows:-

17. (1) The Secretary of State must issue a residence card to a person who is not an EEA national and is the family member of a qualified person or of an EEA national with a permanent right of residence under regulation 15 on application and production of—

(a)a valid passport; and

(b)proof that the applicant is such a family member.

(2) The Secretary of State must issue a residence card to a person who is not an EEA national but who is a family member who has retained the right of residence on application and production of—

(a)a valid passport; and

(b)proof that the applicant is a family member who has retained the right of residence.

(3) On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card and the residence card shall be issued no later than six months after the date on which the application and documents are received.

(4) The Secretary of State may issue a residence card to an extended family member not falling within regulation 7(3) who is not an EEA national on application if—

(a)the relevant EEA national in relation to the extended family member is a qualified person or an EEA national with a permanent right of residence under regulation 15; and

(b)in all the circumstances it appears to the Secretary of State appropriate to issue the residence card.

(5) Where the Secretary of State receives an application under paragraph (4) he shall undertake an extensive examination of the personal circumstances of the applicant and if he refuses the application shall give reasons justifying the refusal unless this is contrary to the interests of national security.

(6) A residence card issued under this regulation may take the form of a stamp in the applicant’s passport and shall be entitled “Residence card of a family member of an EEA national” and be valid for—

(a)five years from the date of issue; or

(b)in the case of a residence card issued to the family member or extended family member of a qualified person, the envisaged period of residence in the United Kingdom of the qualified person,

whichever is the shorter.

(7) A residence card issued under this regulation shall be issued free of charge.

(8) But this regulation is subject to regulation 20(1).


Where does it say anything about co-habitaion, am I missing something ?

[Kev8585]

Is co-habitation compulsory for married couples (EEA 2 residence cards ) :- It does not say about that in the legislation below.

Are there any case laws regarding the issue.

Kind Regards,



EEA regulations 2006 part 17 says as follows:-

17. (1) The Secretary of State must issue a residence card to a person who is not an EEA national and is the family member of a qualified person or of an EEA national with a permanent right of residence under regulation 15 on application and production of—

(a)a valid passport; and

(b)proof that the applicant is such a family member.

(2) The Secretary of State must issue a residence card to a person who is not an EEA national but who is a family member who has retained the right of residence on application and production of—

(a)a valid passport; and

(b)proof that the applicant is a family member who has retained the right of residence.

(3) On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card and the residence card shall be issued no later than six months after the date on which the application and documents are received.

(4) The Secretary of State may issue a residence card to an extended family member not falling within regulation 7(3) who is not an EEA national on application if—

(a)the relevant EEA national in relation to the extended family member is a qualified person or an EEA national with a permanent right of residence under regulation 15; and

(b)in all the circumstances it appears to the Secretary of State appropriate to issue the residence card.

(5) Where the Secretary of State receives an application under paragraph (4) he shall undertake an extensive examination of the personal circumstances of the applicant and if he refuses the application shall give reasons justifying the refusal unless this is contrary to the interests of national security.

(6) A residence card issued under this regulation may take the form of a stamp in the applicant’s passport and shall be entitled “Residence card of a family member of an EEA national” and be valid for—

(a)five years from the date of issue; or

(b)in the case of a residence card issued to the family member or extended family member of a qualified person, the envisaged period of residence in the United Kingdom of the qualified person,

whichever is the shorter.

(7) A residence card issued under this regulation shall be issued free of charge.

(8) But this regulation is subject to regulation 20(1).

[Obie]

I have had to merge your post as it seems unnecessary for a new one to be opened.

Regulation 17 (1) assumes the person meets the criteria in regulation 7(1) and that the spouse does not include marriage of convenience.

See regulation 2(1)

As I said before, spouse are not required to live together, as established in caselaw, but marriage of convenience which the authorities are seeking to establish in you case, are not covered by spouse.

[Kev8585]

Thanks a lot Obie:

You mentioned a case law. Please would you point me a little bit towards its direction. I tried to find it on the internet but have failed.

I tried to speak to immigration lawyers, however many are aware about workings of EEA regulations. Your advise has been byfar best till now.

I know I am a bit annoying with all these queries.

I would understand your frustration with me.

Please help me out, this time.

Thankfully yours,

[Obie]

Also see PM Turkey.

The reasoning in that case can be assimilated to Regulation 17(1).

Try and relax. UKBA has not even refused your application and you are in a state.

I can assure you that they will not refuse you simply because you dont reside together, as that will be wrong in law.

Sorry to hear that your lawyers were not of much assistance.

[Kev8585]

Thanks a lot mate.

I hate that this forum is anonymous at this time.

I really really really want to thank you personally for all the help.

I could not get better help even after paying somebody. The unconditional help that you gave me has been excellent.

Your are a genius in the eea matters and more importantly a even better person.

Having said that, it does not mean that I will not bug the forum again with silly questions. : ) .

Once again thanks my friend