- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Hi Dirk,Dirk wrote:You have posted the same message twice. I replied to your other one with a more full answer however without an Article 10 Residence Card you will not get anywhere near the UK border to even ask for a Code 1A. If you go to Calais or Brussels British Immigration Officers will probably tell you to get a Family Permit as they will have the 3 refusals on their database.
What were the listed reasons for refusing the Family Permit?
Hi Obie,Obie wrote:If you were refused on the basis of marriage of convenience, an Immigration Officer at the Border, may well be reluctant to grant you entry in those circumstance.
For all other refusal, I would have said yes you could, but for refusal on the basis of marriage of convenience, It is safe to appeal it first.
At the border the Immigration Officer will apply exactly the same tests as the ECO applied at the Embassy.fasi2530 wrote:Hi Obie,Obie wrote:If you were refused on the basis of marriage of convenience, an Immigration Officer at the Border, may well be reluctant to grant you entry in those circumstance.
For all other refusal, I would have said yes you could, but for refusal on the basis of marriage of convenience, It is safe to appeal it first.
Yes the refusal was basis on "Marriage of Convenience" . I submit all the documents and I lost my 6 months as my job time is running out and appeal takes more 6 months. well I already submit an appeal and its gonna be in hand with the First Tier 1 Tribunal tomorrow I guess. I dont know when they gonna make decision on it. I know its straight case and when they will get all the proves may be they overturn the decision. but if not its gonna take 6 months and I already lost my 6 months just to ful fill embassy requirements, and when ever I submit required documents they make new excuse which have no sense to understand that what kind of argument they are using to refuse. in regulation its clearly mention that if you are not satisfied with the relation you can call them for interview . but ECO said that he didn't find any thing to call for interview and just refused it. I applied 3 times and in 3rd time it happened really strange thing. like in 1st 2 applications I mention my 2 numbers like primary and secondary numbers when ever I got documents back I got both number written on my documents but in 3rd application i write my wife number in secondary and when I got documents back they did't wrote my wife number on the letter both only primary number they wrote on 3rd refusal.
Is that they are not allowed by the law to give me code 1a stamp while traveling with my wife. as I am applying for schengen visa. so whats the chances if I use this root to enter in the UK. is that law does not allow to get code 1a stamp while traveling with wife.
please advice me
regards
Hi Dirk,Dirk wrote:I wish I had better news. You could try it at the border in Paris, Calais or Brussels but you should expect a really hard time.
I would suggest you try and live together for a little while and provide some real evidence of living together and being in a relationship. If you do it in another EU country you can apply for a Residence Card in that country.
The other thing is that Ireland has an agreement with Britain called the Common Travel Area and as part of that they have access to the Home Office database so they will know about your FP refusals. They could refuse you on the basis that you are trying to use the CTA to circumvent UK Immigration Controls.
There is not an easy solution I think, if you try your luck in France or Belgium then you should be prepared thoroughly with a lot of solid evidence that your marriage is genuine.
Dirk wrote:Can you post a copy of the refusal letter? It might help understand the case better.
I live in Pakistan. She have Italian Nationality but her parents moved to USA they got the Green card.Dirk wrote:Where do you live? Do you live together in the US or live together in Pakistan? How long have you been married?
Do you not have any evidence of living together like bills, tenancy agreement? Mortgage statement? Tax statements?
You really need to tell us on this forum what EXACTLY they wrote on the refusal letters if you want useful help.
Dirk wrote:You must have posted the letter at the same time as I posted my message.
It seems the emails you provided make it appear as a sham matriage. Emails not addressed to you dated from before you met.
I think you need to live with her somewhere for a while first then teapply.
Dirk wrote:You must have posted the letter at the same time as I posted my message.
It seems the emails you provided make it appear as a sham matriage. Emails not addressed to you dated from before you met.
I think you need to live with her somewhere for a while first then teapply.
Thanks for the reply.Dirk wrote:Personally in your situation I would go for the ferry at Calais as it is cheap and if you miss it you won't waste a lot of money.
You really did a bad job with your last application and you have given them a strong reason to think it is not a real marriage. Remember the rules for a 1A are the same as the rules for a Family Permit. When they scan your passport they will see the reasons for the previous refusal, they will see the refusal letters so you need a lot of fresh evidence and a good reason why you were inconsistent in what you told them last time.
You said you were in the UK for four years, were you removed or had trouble with immigration?
Hi DirkDirk wrote:The UK is not part of the Schengen area so a separate visa is needed. Under your circumstances this is the EEA Family Permit.
You have been told how to comply with the rules and get in but have consistently tried to look for a loophole or a way around
It you are in a genuine marriage it should not be hard to prove and you can easily get in.
Hi DirkDirk wrote:Depends on which country you go to and what your sponsor plans to do. It will only be an issue when you apply for an Article 10 RC.