Code 1a Stamp Using Schengen State !!!!!!! Help Me Please

[fasi2530]

Hi Everyone,

I applied for EEA Family Permit 3 times but I got refuse every time they give me very strange reason even I suppied all the documents they required it. I showed the refusal decision to many people and every one said that they not gonna give me EEA Family permit visa. so I decided to use code 1a Stamp way to enter in the UK.

I have one question. as I didn't applied for Ireland visa because it takes 8 weeks to get visit visa and still not confirm that they gonna give the visa or not. SO i applied for the schengen visa for Italy as my wife is Italian national. so Will get visa with in week. now I have plan to enter in UK on code 1a stamp. can you please guide me which schengen state is easy to enter in the United Kingdom on code 1a stamp. ( through ferry or by bus ) please i need guide lines. me and my wife is really tensed as our 6 months already waste to applying in EEA - FP visa.

Please please advice us your ideas with your experience.

many thanks in advance .

regards

[Obie]

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.

[Dirk]

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?

[fasi2530]

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 Dirk,

Thanks for your reply. sorry for two post. I thought may be some other people also enlighten their experience that's why I made new thread as well. it means getting refusals 3 times on the basis of "Marriage of Convenience" I have no chance to enter in UK using code 1a Stamp. and what are the chances from ireland.

the refusal they give me is that my wife call me in emails before marriage "Dear ma Husband" and signed off as my wife. so they said we are not satisfied as you married in 2014 and your wife call you Dear ma husband in 2006 in emails so thats why I am not satisfied that this relation is genuine.

I submit all the original documents including my wife's new passport with my name on it.

I already applied for the appeal as well.

really upset.

[Dirk]

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.

[fasi2530]

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.

Hi Obie,

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

[Dirk]

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.

Hi Obie,

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

At the border the Immigration Officer will apply exactly the same tests as the ECO applied at the Embassy.

[Dirk]

Can you post a copy of the refusal letter? It might help understand the case better.

[fasi2530]

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.

Hi Dirk,

thanks for your reply and good advice. can you see my documents of evidence are they gonna be OK for the proofs.

- EU National Italian Passport (Old and New with spouse name on it)
-Pakistani Passport and ID
- My Wife's Covering Letter
- Air Plane tickets (Evidence of travel from USA) and also she is traveling with me now.
- My Wife’s U.S.A Bank Statement
- My Covering letter
- My Passport (Current and Previous)
- Wedding Ceremony and Wedding Anniversary Invitation card
- Wedding and Casual photographs (Evidence of togetherness)
- Pakistani Marriage Certificate In Urdu and In English Translation (certify by Foreign Affairs)
- True copy of Computerized Marriage certificate (certify by Foreign Affairs & by Italian embassy)
- Medical prescriptions & card registration of EU national in Pakistan
- Online Conversational Records (Evidence of togetherness)
- Letter of Support (Accommodation) letter and tenancy agreement from United Kingdom
- Air tickets like we are traveling now together for EU visit.
- Her Pakistani ID card with my name and my home address on it.

if you suggest any thing more I will be more happy to get arrange.

I was thinking to go to Italy and apply for an EEA Family permit from there. but when I share this thing to other people every one said that they are going to refuse your visa so any other documents you gonna they only gonna refuse you. you need to apply for an appeal. so thats why I change my mind to apply for new EEA family permit application from Italy.

whats you thinking please advice .

many thanks in advance.
- All three refusal letters

[fasi2530]

Can you post a copy of the refusal letter? It might help understand the case better.

Hi Dirk

this is the decision.

3rd Refusal:

Your application
You have applied for an EEA family permit to accompany XXXXX to the United Kingdom as her spouse. I have considered your application under regulation 6 & 7 of the Immigration(EEA) regulations 2006. You can read the immigration EEA regulations 2006.
The Decision,
You have applied to accompany your wife, an Italian national, to the UK. I note that you have applied in this category twice before. Both of these applications were refused and the reasons stated were that you had not provided documents that demonstrated a genuine relationship since the time you stated you first met in 2008. I note from this application that have now provided a number of emails that shows greetings cards or birthday wishes have been sent between you and your sponsor. However, many of these emails have been highlighted by you and are dated in 2006, 2 years prior to the date you claim to have met. Some are also addressed to ‘Dear ma husband’ and are signed off ‘your wife’ which is not credible given that you did not marry until 2014. I also note that none if the email addresses these emails have been sent to can be attributed to you. This casts doubt on the validity of these emails and indicates that they have been produced in order to alleviate the concerns stated by the entry clearance officer in your previous refusals.
Given all of the details above, I am not satisfied that your relationship is geninune and I am led to question whether this relationship is to facilitate your entry back into the UK. I am satisfied that you are party to a marriage of convenience and are therefore not the family member of an EEA national in accordance with regulation 7 of the Immigration EEA regulation 2006.
I therefore refused your EEA family permit application because I am not satisfied that you meet all of the requirements of regulation 6 and 7 of the immigration EEA Reg 2006.

[Dirk]

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.

[fasi2530]

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.

I live in Pakistan. She have Italian Nationality but her parents moved to USA they got the Green card.
I spend 4 years in UK already. we got married last year may 2014. like in our country all bills and statements are on Man's name not on the name of women. Her passport now made with my name. her ID card is made with my name . we live together in Pakistan.

I hope this will help.

[Dirk]

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.

[fasi2530]

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.

Oh sorry actually when you posted a message I was answering other question which I guess you asked it or Obie, secondly here net is very slow thats why got the problem.

the email I provided I already mention in our covering letter and we also wrote that they can check the emails its still in our hands now. thats why it is mention in rules that if marriage is not satisfied then ECO should call for the interview and I already mentioned in the letter that if he is not satisfied they can call me for an interview. but they didn't. I am planing to use EuroStar from Paris or from Germany. I got all the evidence. did you check the evidence which I mentioned in earlier post.

[fasi2530]

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.

Ok Dirk,

As I am already going to visit Europe with my wife and we have plan upto 20 days trip as after marriage we are going first time on holidays. If i get chance to enter in the UK which root you will suggest that more near to Italy (Calais or Brussels). According to Code 1a stamp which root will be easy to get enter in UK (Calais or Brussels).


please don't take it as a wrong way me and my wife in relation since last 10 years but we got married last year as we have some family troubles in our marriage so we were waiting for right time. I hope you understand.

[Dirk]

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?

[fasi2530]

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?

Thanks for the reply.

I went on student visa then after i got PSW work visa after that I applied for Enterprenuar Visa which was refused. I applied for appeal and it was also refused, I got the chance to apply for fresh application but my time was running out I dont want it at that to reapply on visas and do side jobs over there as I am Masters from UK and I done professional job over there . If i have this kind of feeings in my mind I was in relation since 8 9 years I can join it easily with my wife(before girl friend) in UK. but my intention was not get UK passport or any thing. I am qualified person I came back here in my country and start my technical experience as I know my field is more important then any country visa. but now my wife spend all time in Europe and in USA she is not feeling well to live in 45% c county so she wanted to move in UK. thats why we Planned to go in UK and settle over there.

one question if I try to get code 1a stamp should I say straight that we both want to settle in UK or what answer will you suggest.

many thanks

[Dirk]

Your intentions after you get the stamp have no relevance really. Llike I have said several times you will need lots of new evidence of being in a real marriage.

[fasi2530]

Hello

I have to ask some question please answer me from your past experience and future information.




1. Can I go to UK on schengen Visa (traveling with EU/EEA Italian Wife)
2. Can I change my plan after getting schengen visa
3. After getting schengen visa can I book only one way ticket (because I want to move in UK after coming in France)
4. I am non EEA family member of an Italian National. I applied for schengen visa for long term. I have plan to move in UK after getting schengen visa. Here in Pakistan we have to report after coming back from schengen visit. if I get enter in UK so how can I report to Italian embassy that I am back or I dont want to come back, as I will be in UK at that time planing to stay there.how to satisfied to Italian Embassy for that.

5. is that any side effect to apply for future schengen visits.

Please advice me from your past experience and future information.

[Dirk]

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.

[fasi2530]

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 Dirk

thanks for your prompt reply.

I applied 3 times and I loose 6 months after that like they refused 3 times my visa. I talk to one of my friend who is working in UK as an Immigration lawyer (I didn't applied through Lawyer thought) when he saw the refusal he and different forums member clearly said that the ECO will not give you visa you have too appeal against the ECO decision. I have appeal already online and my documents are also submitted. but appeal also takes 6 months. I appeal as oral hearing and my representative is my EU/EEA national wife. so 10 years relation original documents and still you thinking that i am looking for loophole. My wife is tired live here in Pakistan in above 40 degree C thats why I tried my self to find out the solution then she told me about the way how to get on the spot VISA which is also related to EEA FP.

[fasi2530]

Hi Dirk

I got the Schengen Visa type C. EU family member is mention on my visa. its a multiple visa. I want to know do I still need to buy a Travel and Medical Insurance. ?

please advice me . waiting your reply

thanks

[Dirk]

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.

[fasi2530]

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.

Hi Dirk

I am going for 30 days and I am going in Italy and France and Switzerland. I am confuse what to do as I am not sure about the travel and medical insurance. my flight will be land in Milano. so are they going to ask for Travel and medical insurance on immigration. ?

waiting your reply.

[Babajee85]

hi Faisal,

how did you apply schengen visa?

is it tourist visa ?

Did you provide the sponsorship letter if yes then what documents you provided. who was it...your wife ?

what was the process....did they took interview in Pakistan.

please can you let me know..

Thx