EEA family permit refused - proxy marriage, switch category?

[SisterNura]

Hi,

I am German and my husband is Pakistani. I met him whilst he was studying in the UK. He returned to Pakistan and we had official nikah (marriage) there (me being in UK) by proxy, ie his uncle accepted the marriage in my name. It was officially registered with the union council in pakistan and recgonised by the ministry of foreign affairs. I was reading that because it was conducted in Pakistan and this is a legal way there to get married, the UK has to accept this marriage as valid. However, my husband's EEA application was refused on the grounds of marriage of convenience because we did not explain that the marriage was done by proxy and my visa and visit to pakistan to see my husband only took place after the actual marriage. Could you explain how chances are for reapplication now that we explained the situation in more detail? will the UK accept our marriage? also i am pregnant and included this information,but this doesnt seem to be enough proof for the ukba.
if reapplication fails, would it be possible to get my husband here on a general visitor visa and then have him apply for a residence card? because legally under european law once he is in the UK with me they should allow him to stay as he has the right to be with his family? they should not be able to deport him? please can someone help. thanks!!

[facebook.user]

my friend had the same case. The best way is that you go to Pakistan and get marry again. Also sign an affidavit and attest it from judge i dont know exactly but get some help from a lawyer. Proxy marriage is not accepted. My suggestion is you go to pakistan and get marry again

[SisterNura]

It is not possible to get married again in Pakistan because our proxy marriage was legally registered and attested there, so according to their law we are married. I was reading in a recent document that they should accept it due to acceptable circumstances (was registered and solemnised in pakistan, is legal there, i appointed a proxy..). if the UK doesn't accept the marriage then we are officially stuck as re-marrying in pakistan is not possible. anyway we are waiting for the results of the recent application now.