Appeal advice.

[Ozi]

Good morning dear forumites,
I have taken the liberty to post u my case so that you can help me with some positive advice, and thanks in advance.

My wife is a spanish and myself a non Eu, our application has been rejected for the following reason:"in revewing this in the marriage act you did not provide evidence that either you or your EEU sponsor are registred as domiciled in the city of Banjul or in Gambia"

Our marriage certificate was issued in Gambia where our marriage took place in her father's house but me n my wife were in london in other words it was done by proxy which is accepted by gambian law under Mouhamedan law.

My wife was born in spain but her parents are from Gambia.

I am so confused i dont know if i need to put a new application or just lodge an appeal.
In your experience could you tell me what option do u think is the best? The notion of domicile is complex, can we use her parents' id to prove that she has strong links to Gambia even if she doesnt reside there? We had plenty of time to marry her but because our parents were includ we could only do it in gambia.
We share the same culture as im senegalese and she is spanish born in Spain.
Hope to read from you soon really need your advice.

[Imshzd]

If you both are resided in the uk then simply why not you register for marriage in the UK?rather then involving in long appeal or reapply...

[Obie]

Which marriage act are they talking about?

If your marriage is done in accoedance with Gambian law then it is valid.

In circumstances like this, I dont see much point In reapplying, an appeal will be more appropriate

[Ozi]

If you both are resided in the uk then simply why not you register for marriage in the UK?rather then involving in long appeal or reapply...

Thanks for your time:
I cant go to the registrar now as they hO is keeping my passport, the reason why we married in gambia is because her dad lives there and according to our culture a marriage is celebrated in the parents' presence...

[Ozi]

Which marriage act are they talking about?

If your marriage is done in accoedance with Gambian law then it is valid.

In circumstances like this, I dont see much point In reapplying, an appeal will be more appropriate

Good morning Obi I trust u having a good wkd...
I really need your advice I have noticed your positive contribution to most of the posts on this forum.

Yes the marriage is accepted in accordance with the Gambian law, the HO raised the issue of domicile as they say none of us were registered as domiciled in Gambia.
So if i were going to apply what other evidence do you think i would need to include?

[Obie]

Well there is simply no requirement in Gambian law for either party to be domiciled.

[Ozi]

Well there is simply no requirement in Gambian law for either party to be domiciled.

Ah ok so I think I am gonna loadge an hearing appeal, using her parents' id copy to show that she is originally domiciled in Gambia woundnt be an extra evidence?

[Obie]

What Marriage act were they referring to, if I may ask

[Ozi]

What Marriage act were they referring to, if I may ask

I think they refering to the marriage act we submited you know after the religious ceremony the marriage was registered to be legally valid in Gambia. So the tirbunal issued an act or marriage, i think they refering to this.