EEA family permit refusal.

[mithras]

Hello all,

I just got the result from my wife's EEAFP application and it has been refused. I submitted the only papers necessary according to all the information on the internet. Copy of our marriage certificate and a copy of my passport and my wife's passport. I also filled out their provided form as they wanted it to take my application into consideration. In the application we casually mentioned travelling with husband and children, but I didn't include their birth certificates as I assumed our application would be ok as is.

Probably a stupid oversight of mine not to include brith certificates to my children. but a marriage of convenience after 4 years of marriage seems a bit strange to me. Is it worth appealing or should I just make a new application and add the birth certificate in. Is the ECO in his right?

Here is the full decision:

The Decision
You say that you will be accompanied by your spouse whom you say lives with you and your 2 children. All you have provided with your application is your original marriage certificate, a copy of the same document and a copy of your spouse's passport biographical details page There is no evidence to show that you and your spouse are living together or that you do indeed have a child together. If this were a genuine relationship of over 4 years duration as you say would find it reasonable to expect that you would be able to produce considerable evidence of this. Whilst I am satisfied that you have met the sponsor and know him or have been introduced to him in some capacity in the absence of any proof regarding this relationship, I am not satisfied that this is a relationship as husband and wife 'The definition of 'spouse' in the Immigration (European Economic Area) Regulations 2006 does not include a party to a marriage of convenience. 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 (European Economic Area) Regulations 2006

[secret.simon]

The letter actually tells you exactly what is needed. It seems that you did not provide proof of a "subsisting relationship".

There is no evidence to show that you and your spouse are living together or that you do indeed have a child together. If this were a genuine relationship of over 4 years duration as you say would find it reasonable to expect that you would be able to produce considerable evidence of this.

The tenor of the letter suggests that your wife is currently in the UK. I would suggest that you re-apply with the original documentation AND proof that you live together. That is proof of things such as joint bank accounts, joint tenancies/mortgages, joint bills (such as council tax bills in joint names) etc.

While the birth certificates of your children would be good evidence of a subsisting relationship, it is not sufficient evidence and additional evidence is also required, such as the ones listed above.