EEA2 refused: need advice for appeal

[scooterjinx]

Hi everyone,
I have made a post a while ago on this forum, my girlfriend (unmarried partner, non-EEA) and I were launching an EEA2-application. You can read more about it here:
http://www.immigrationboards.com/viewtopic.php?t=116587

Unfortunately, we were not succesful and the application was refused with the right to appeal to the First-tier tribunal. Reason for refusal was not proving 'durable relationship akin to marriage'.
I think now that we were very naive in our application. I am of the opinion that we absolutely did include all the evidence asked for, but we should have included a lot more and thrown more weight behind the application. Anyone going down the same route as us should take that as advice, send in anything and everything.

The refusal was partly on the grounds of a tenancy agreement not looking genuine. We also included a few bills in both of our names. One thing they say that the electricity bills in my girlfriend's name is not sufficient. Interestingly, they quote the wrong date of one of the bills in the letter, which makes it seem like they don't span the whole period of our co-habition. It is possible that it is a typo on their part, but we are planning to use this as a point in our appeal, that their decision is at least partly based on an error. We will take the opportunity to throw in as much extra documentation as possible, including statements supporting our tenancy together.

When calling the UKBA and telling them about the dates being wrong they suggested we could address the officer that dealt with our case directly. We plan to do this also, and also send him the extra documentation.

Questions:
- What do you think of our plans outlined above, any advice?
- The UKBA did not return all documents, in particular the stuff showing that I am exercising treaty rights (working). Do we need these for the appeal? The instructions for the IAFT-1 form are not clear here I think.
- If an appeal is not succesful, can we appeal again to another level?
- If an appeal is not succesful, can we simply lodge a new application with more evidence?
- Is there any benefit of having an oral hearing for the appeal?
- Is it worthwhile getting professional help? And what about the Citizens Advice Bureaus?

[Obie]

Questions:
- What do you think of our plans outlined above, any advice?
I think you should appeal, the caseworker is making accusation of fraud, it is difficult to see her going against her previous judgement.
- The UKBA did not return all documents, in particular the stuff showing that I am exercising treaty rights (working). Do we need these for the appeal? The instructions for the IAFT-1 form are not clear here I think.

They are meant to serve you a bundle, and all of this will be on it. In cases were the authenticity of a document is in question, they alleged documents are kept by the UKBA
- If an appeal is not succesful, can we appeal again to another level?
You can appeal on grounds that the judge erred in law
- If an appeal is not succesful, can we simply lodge a new application with more evidence?

yes there is no barrier to you doing so
- Is there any benefit of having an oral hearing for the appeal?
in the cirucmstance of your case, i believe an oral hearing will be better
- Is it worthwhile getting professional help? And what about the Citizens Advice Bureaus?
depends on your standard of english, and how confident you feel

[OlaDPounds]

Hi everyone help is needed. I applied for an EEA1 and EEA2 with my wife who is an EEA national and I a non- EEA in july 2012 and got my COA in october 2012 after 5months and a week waiting. I have sent 2 email, make a phone call and also sent a letter to the UKBA and at last they replied and sent my wife's passport and other of her documents with a letter of refusal. She was granted her RC but mine was decline.

Reasons for refusal:

we got married in june 2012 and put in our applications in july 2012 but our marriage took place in my own country(Nigeria)west africa and looking at the reasons of the refusal I was gutted with such decision. The Ukba refused my RC because I used my address in nigeria on the marriage certificate and my wife address was uk address and the law states that anyone who is getting married should be a resident or to have resided in the district for 15days. The registrar was satisfied that I am a resident of nigeria who has temporarily went abroad to study and She took the decision that I will need to use my address in nigeria without staying 15days as my passport is a nigerian passport and it was just few days after we got to nigeria. Also they went to check my immigration history my student visa application address was 3 oooooo str. etc and now on my marriage certificate is it 4 oooooooo str on this point I am refused an RC and asked to leave the country voluntarily without my wife. They held on to my passport and our marriage certificate but I am giving the right to appeal. At the time of my application I could use my own permanent address for the delivery because I have been a victim of scam and fraud so I was not confident in allowing my passport coming to my address because of fraud identity so I used a friends address whom I can rely on and yet the HO queried this and now I don't know what to do I need some advice everyone HELPPPPP

[Ms_D]

Hi everyone help is needed. I applied for an EEA1 and EEA2 with my wife who is an EEA national and I a non- EEA in july 2012 and got my COA in october 2012 after 5months and a week waiting. I have sent 2 email, make a phone call and also sent a letter to the UKBA and at last they replied and sent my wife's passport and other of her documents with a letter of refusal. She was granted her RC but mine was decline.

Reasons for refusal:

we got married in june 2012 and put in our applications in july 2012 but our marriage took place in my own country(Nigeria)west africa and looking at the reasons of the refusal I was gutted with such decision. The Ukba refused my RC because I used my address in nigeria on the marriage certificate and my wife address was uk address and the law states that anyone who is getting married should be a resident or to have resided in the district for 15days. The registrar was satisfied that I am a resident of nigeria who has temporarily went abroad to study and She took the decision that I will need to use my address in nigeria without staying 15days as my passport is a nigerian passport and it was just few days after we got to nigeria. Also they went to check my immigration history my student visa application address was 3 oooooo str. etc and now on my marriage certificate is it 4 oooooooo str on this point I am refused an RC and asked to leave the country voluntarily without my wife. They held on to my passport and our marriage certificate but I am giving the right to appeal. At the time of my application I could use my own permanent address for the delivery because I have been a victim of scam and fraud so I was not confident in allowing my passport coming to my address because of fraud identity so I used a friends address whom I can rely on and yet the HO queried this and now I don't know what to do I need some advice everyone HELPPPPP

What nationality is your wife? I do not understand the rule of residing in district prior to wedding in NIgeria has to do with residing in district prior to wedding in the UK??

[OlaDPounds]

@Ms_D thanks for your reply.

My wife is a portuguese and they where saying why do I have to use my address in nigeria on the wedding certificate as stated *residence address as at the time of marriage* and I didn't explain to them why I intended to buy the prepaid envelope as required by the ukba for special delivery and sending to a correspondence address on my name. I am totally confused by this kind of decision and I found it so silly but I am trying to gather as much information as I can before going for appeal. But the fact is I am not the only one accessing my mail box and I don't trust the kind of people that comes to visit my neighbour so I intended using the address I am 100% sure of and is their any charges for appeal under the EEA law?

[mobismome]

@Ms_D thanks for your reply.

My wife is a portuguese and they where saying why do I have to use my address in nigeria on the wedding certificate as stated *residence address as at the time of marriage* and I didn't explain to them why I intended to buy the prepaid envelope as required by the ukba for special delivery and sending to a correspondence address on my name. I am totally confused by this kind of decision and I found it so silly but I am trying to gather as much information as I can before going for appeal. But the fact is I am not the only one accessing my mail box and I don't trust the kind of people that comes to visit my neighbour so I intended using the address I am 100% sure of and is their any charges for appeal under the EEA law?

guy you made a big mistake how can you use ur nigerian address while you are residing in the uk and mind you if your marriage certificate bears the nigerian marriage act and was a proxy marriage then there is a big problem because marriage by proxy is not allowed under civil law in nigeria unless if it is customary marriage of which they will raise this issue on the day of hearing even if it was not mentioned in the refusal letter.

[Obie]

The address a person uses is actually irrelevant. Provided the authority were aware of this, and accepted the fact that OP was domiciled in Nigeria, and only left fot study purpose, that is fine.

The question is whether such marriage was contracted in Nigeria and valid under Nigerian law. By the op's account, such seem to be the case.

I am not very imperessed that this thread was hijacked.

You should have opened a new thread.

And yes, you have to pay an appeap fee, and file appeal within 10 working days.

[OlaDPounds]

Sorry I am replying late after your advices.

@Obie Thank you for the reply and I am sorry everyone for the hijacking the thread. I was just looking for attention from you all but I thought this page can help me.

- Yes our marriage was contracted in nigeria and it was under the Nigeria Marriage Act Section 24....

@Mobismome our marriage was not a proxy marriage because both of us were present on the day of our marriage and using the nigeria addy shouldn't been an issue cos I was only here in the uk on a temporary visa and on the other hand if we both are to use the uk addy then we would have to be in nigeria for a 15day period and all we could stay in nigeria at the time was just 2weeks as I am working part time and my employers only allow me for 3 weeks but we had to lose a week here in the uk before my wife employer could get a cover for her role at work.

[Obie]

I believe there are high chances of success, you should proceed with the appeal. So long as the marriage is valid under nigerian law, it is valid in UK. If you are cinsidered as domiciled in Nigeria notwithstanding the fact that you are studing in the UK, that is non of the business of the Uk authorities. They are seeking to use a cynical loophole to invalidate your marriage, when it was properly conducted under the law of Nigeria. It is not as if it was conducted by proxy. Even if you wanted to married in the UK you could have done so, if not for you wanting your parents to participate, presumably.

[mobismome]

guy appeal you will win but look for a good solicitor ie their reasons are flimsy , since your marriage was not a proxy marriage i think the address issue in this case is irrelevant the main thing is that your marriage is valid under Nigerian civil law but logically ukba expect to write your current address ie uk address the 15 days rule ie must be met for the marriage to be contracted in NIgeria. but is not an issue but you no ukba once they see any slightest mistake(in their eyes) they refuse especially if your are Nigerian .

[Ozi]

@Ms_D thanks for your reply.

My wife is a portuguese and they where saying why do I have to use my address in nigeria on the wedding certificate as stated *residence address as at the time of marriage* and I didn't explain to them why I intended to buy the prepaid envelope as required by the ukba for special delivery and sending to a correspondence address on my name. I am totally confused by this kind of decision and I found it so silly but I am trying to gather as much information as I can before going for appeal. But the fact is I am not the only one accessing my mail box and I don't trust the kind of people that comes to visit my neighbour so I intended using the address I am 100% sure of and is their any charges for appeal under the EEA law?

Hi our cases are abit similar except mone was done by proxy...
How did you deal with your case? And what happened?

[OlaDPounds]

@Ms_D thanks for your reply.

My wife is a portuguese and they where saying why do I have to use my address in nigeria on the wedding certificate as stated *residence address as at the time of marriage* and I didn't explain to them why I intended to buy the prepaid envelope as required by the ukba for special delivery and sending to a correspondence address on my name. I am totally confused by this kind of decision and I found it so silly but I am trying to gather as much information as I can before going for appeal. But the fact is I am not the only one accessing my mail box and I don't trust the kind of people that comes to visit my neighbour so I intended using the address I am 100% sure of and is their any charges for appeal under the EEA law?

Hi our cases are abit similar except mone was done by proxy...
How did you deal with your case? And what happened?

Hi Ozi,

I went for the appeal but first I did my home work thoroughly and gathered all relevant evidence toward my case and also my solicitor wrote to the marriage registry in Nigeria reagrding our marriage, the time we spent, the interpretation of the nigerian act regarding the 15 dyas which clearly means that I must reside in Nigeria but because I have lived in the country most of my life so automatically it was more than the requirement and also the registry wrote back letter as supporting document which we presented to the court and it went well. I won my case.

[Ozi]

@Ms_D thanks for your reply.

My wife is a portuguese and they where saying why do I have to use my address in nigeria on the wedding certificate as stated *residence address as at the time of marriage* and I didn't explain to them why I intended to buy the prepaid envelope as required by the ukba for special delivery and sending to a correspondence address on my name. I am totally confused by this kind of decision and I found it so silly but I am trying to gather as much information as I can before going for appeal. But the fact is I am not the only one accessing my mail box and I don't trust the kind of people that comes to visit my neighbour so I intended using the address I am 100% sure of and is their any charges for appeal under the EEA law?

Hi our cases are abit similar except mone was done by proxy...
How did you deal with your case? And what happened?

Hi Ozi,

I went for the appeal but first I did my home work thoroughly and gathered all relevant evidence toward my case and also my solicitor wrote to the marriage registry in Nigeria reagrding our marriage, the time we spent, the interpretation of the nigerian act regarding the 15 dyas which clearly means that I must reside in Nigeria but because I have lived in the country most of my life so automatically it was more than the requirement and also the registry wrote back letter as supporting document which we presented to the court and it went well. I won my case.

Thanks for your time bro and i am so pleased for you, wish me good luck as am soo confused and very stressed, i am going to c a sollicitor and from there will gather all relevant evidence and supporting materials. How long did the oral hearing last? Did they give u time and your wife to defend yourselves?
Be nice if i could have an email to write u so that u can explain me more bro. Till then good night.

[Obie]

The matrimonial law in Nigeria is slightly different from that of Nigeria, so a nigeria case may not be directly relevant.

It is a simply question of law. Is the marriage valid according to Gambian law. If it is, then that should be the end of the matter.

[Ozi]

The matrimonial law in Nigeria is slightly different from that of Nigeria, so a nigeria case may not be directly relevant.

It is a simply question of law. Is the marriage valid according to Gambian law. If it is, then that should be the end of the matter.

Thanks Obie you are really boosting my confidence i never been through this kind of things thats y im abit worried, it is accepted by Gambian law, so i ll see my sollicitor tomorrow. It should be easy to defend asthey only rejected my application because of neither of us being domiled in Gambia.
Do u think a letter from her parents and their passport copies can be presented as evidence to show them that she is originally domiciled in gambia?