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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Hello benfaresbenfares wrote:Hi Faisal
Did they still issue you a Family Permit? This my husbands first refusal and the refusals were why short term lease and you dont earn £153 a week. The ecos reasons dont make sense and some are taken from a law from England
Its just damn crazy!!
The UK Government would say that because you submitted evidence which suggests your wife was in a relationship with someone else they have reasonable grounds to refuse you as being in a sham marriage. In your rejection letter it says that the emails you provided are not addressed to you and some are from a date before you met your wife. Under those circumstances it would be very hard to claim the British government have broken the law.fasi2530 wrote:Hi benfare
how to submit a to SOLVIT and EU Commission?
Looks like UKVI IS clamping down and SS route IS getting tougher - like we predicted (well, some of us!)Casa wrote:'The intention to obtain an advantage from the European Union rules by artificially creating the conditions laid down for obtaining it.’
It would appear that the above has been applied due to it being apparent from you advising the landlord of a 'short lease' requirement on accommodation that you had no intention to move the 'centre of your life' to Ireland. Vinny recently posted a link to a refusal due to the applicant stating their knowledge of the Surinder Singh route in their application and the prior intention to use this to settle in the UK, thereby 'circumventing the UK Immigration Rules'.
Also regarding the £153 pw earnings: 'is below considered as the minimum required for subsistence',
and employment that is:
not “effective and genuine” and which instead is “purely marginal and ancillary”. For example, a very short period of work or claimed self employment that generated little or no income would potentially be vulnerable to such an accusation.
FYI Wanderer, here's the link to the 2014 Free Movement article http://www.freemovement.org.uk/home-off ... knows-law/Wanderer wrote:Looks like UKVI IS clamping down and SS route IS getting tougher - like we predicted (well, some of us!)Casa wrote:'The intention to obtain an advantage from the European Union rules by artificially creating the conditions laid down for obtaining it.’
It would appear that the above has been applied due to it being apparent from you advising the landlord of a 'short lease' requirement on accommodation that you had no intention to move the 'centre of your life' to Ireland. Vinny recently posted a link to a refusal due to the applicant stating their knowledge of the Surinder Singh route in their application and the prior intention to use this to settle in the UK, thereby 'circumventing the UK Immigration Rules'.
Also regarding the £153 pw earnings: 'is below considered as the minimum required for subsistence',
and employment that is:
not “effective and genuine” and which instead is “purely marginal and ancillary”. For example, a very short period of work or claimed self employment that generated little or no income would potentially be vulnerable to such an accusation.
Cheers Casa. There was never any doubt in my mind people are using SS to circumvent UK immigration rules, but while it remained open I don't blame anyone for using it other then a sense of fairness. Is it fair that some can tick the correct boxes and pay all the visa fees and some don't tick the boxes and don't pay any visa fees?Casa wrote:FYI Wanderer, here's the link to the 2014 Free Movement article http://www.freemovement.org.uk/home-off ... knows-law/Wanderer wrote:Looks like UKVI IS clamping down and SS route IS getting tougher - like we predicted (well, some of us!)Casa wrote:'The intention to obtain an advantage from the European Union rules by artificially creating the conditions laid down for obtaining it.’
It would appear that the above has been applied due to it being apparent from you advising the landlord of a 'short lease' requirement on accommodation that you had no intention to move the 'centre of your life' to Ireland. Vinny recently posted a link to a refusal due to the applicant stating their knowledge of the Surinder Singh route in their application and the prior intention to use this to settle in the UK, thereby 'circumventing the UK Immigration Rules'.
Also regarding the £153 pw earnings: 'is below considered as the minimum required for subsistence',
and employment that is:
not “effective and genuine” and which instead is “purely marginal and ancillary”. For example, a very short period of work or claimed self employment that generated little or no income would potentially be vulnerable to such an accusation.
Dirk wrote:The UK Government would say that because you submitted evidence which suggests your wife was in a relationship with someone else they have reasonable grounds to refuse you as being in a sham marriage. In your rejection letter it says that the emails you provided are not addressed to you and some are from a date before you met your wife. Under those circumstances it would be very hard to claim the British government have broken the law.fasi2530 wrote:Hi benfare
how to submit a to SOLVIT and EU Commission?
To answer your other question yes you can get a Code 1A on a Schengen visa BUT you will need to show evidence that you are in a genuine marriage and explain why you sent them information in the past which suggests you are not. Once you show them something you can never take it back again.
There is no loophole or way around it, a Code 1A, FP or EEA FM is for genuine couples only and you need to show that you are one.