EEA2 Application Timelines - ONLY 1 TOPIC - UpToDate

[nora_804]

I've found the proper legal route to take if the Home Office has not responded to your application within 6 months. It's called "Pre-Action Protocol for Judicial Review". It's basically a letter titled "Pre-Action Protocol Letter" or "Letter Before Claim". You can write it yourself of hire a solicitor to write it for you. And you should either post it or email it to the Home Office at the following addresses:

Email: UKVIPAP@homeoffice.gsi.gov.uk

Postal Address:
Litigation Operations Allocation Hub
Status Park 2
4 Nobel Drive
Harlington
Hayes
Middlesex UB3 5EY

More information and all the details can be found here: http://www.justice.gov.uk/courts/proced ... l/prot_jrv

Opxa can we write to them if we get refused??

[mmalinconia]

i'm so sorry to hear that Nora... Are you sure they received all your supporting docs and pictures? I don't understand why they didn't take into consideration your civil partnership...? May I ask you why you didn't do "a proper" legal civil marriage instead of a civil partnership? I think Islamic marriage certificate is not legally recognized here.

I guess now you can appeal the decision. There is more info about it somewhere in other discussions of this forum.

Hi guys

We got bad news today also, we got refused. What can we do now, can we complain about the desicion. it said: that you have failed to provide any proof that you are the family member of an EEA national, therefore you have failed to meet the criteria as set out in regulation 17(1) (b)

We have given them the islamic marriage cerficate from june 2014, and civil partnerchip from february 2015
a lot of picture together, and with our families, and text message, phone call, what moe can we give them?

Please any idea

[opxa]

I've found the proper legal route to take if the Home Office has not responded to your application within 6 months. It's called "Pre-Action Protocol for Judicial Review". It's basically a letter titled "Pre-Action Protocol Letter" or "Letter Before Claim". You can write it yourself of hire a solicitor to write it for you. And you should either post it or email it to the Home Office at the following addresses:

Email: UKVIPAP@homeoffice.gsi.gov.uk

Postal Address:
Litigation Operations Allocation Hub
Status Park 2
4 Nobel Drive
Harlington
Hayes
Middlesex UB3 5EY

More information and all the details can be found here: http://www.justice.gov.uk/courts/proced ... l/prot_jrv

Opxa can we write to them if we get refused??

Nora, I'm so sorry to hear about it. Off the top of my head, I would write them and explain about your islamic marriage - what it means, how it works etc. and also I would say that even without any marriage whatsoever, you would qualify as unmarried partners. But they can probably say that if you want to claim to be unmarried partners, you should apply as unmarried partners and then we'll consider your application as unmarried partners. Most likely they didn't accept your islamic marriage as a valid marriage. I'm not familiar with what it is, either. You need to find out what exactly "marriage" means to them in the legal sense of the word. Otherwise, maybe try the unmarried partners route. If I come up with more ideas, I'll post them here. In the mean time, don't despair, it's fixable. Remember that you can always apply again, tomorrow if you wish. But think about how to do it this time, read up on their definition of "marriage" and "unmarried partners".

[opxa]

Nora, I've been looking around for information about unmarried parters and it seems that there's no strict definition of the word. All they want is proof of a "durable relationship". If you've been with your husband since 2012 and have photos, bills, letters and other normal stuff that couples have, just apply as unmarried partners and attach your islamic marriage and civil partnership certificate as just another piece of evidence that your relationship is "durable" (but don't claim to be married this time). Most importantly, in the application mark that you are applying as "unmarried".

[opxa]

Nora, but also write them a letter now explaining that you applied as "married" without realizing that this type of marriage is not recognized as valid in the UK, but say you should've applied as "unmarried" which would've easily qualified you and explain your relationship (how long, etc.). This is a technicality, and perhaps they will reconsider. And send all the evidence with the letter again.

[nora_804]

i'm so sorry to hear that Nora... Are you sure they received all your supporting docs and pictures? I don't understand why they didn't take into consideration your civil partnership...? May I ask you why you didn't do "a proper" legal civil marriage instead of a civil partnership? I think Islamic marriage certificate is not legally recognized here.

I guess now you can appeal the decision. There is more info about it somewhere in other discussions of this forum.

Hi guys

We got bad news today also, we got refused. What can we do now, can we complain about the desicion. it said: that you have failed to provide any proof that you are the family member of an EEA national, therefore you have failed to meet the criteria as set out in regulation 17(1) (b)

We have given them the islamic marriage cerficate from june 2014, and civil partnerchip from february 2015
a lot of picture together, and with our families, and text message, phone call, what moe can we give them?

Please any idea

Hi
we had authorised civil partnership from wembley council, and we had civil partnership ceremony there, and we got cerficate and we had witness and our family, and we show our passport and we had interviw before we got married. But I dont no what you mean with "a proper" legal civil marriage instead of a civil partnership?

[nora_804]

Nora, but also write them a letter now explaining that you applied as "married" without realizing that this type of marriage is not recognized as valid in the UK, but say you should've applied as "unmarried" which would've easily qualified you and explain your relationship (how long, etc.). This is a technicality, and perhaps they will reconsider. And send all the evidence with the letter again.

I did not know that people can marry in several ways in the UK, Islamic marriage is the most important for me and my family because of our relgion. After that we were married in wembley council. Where else can you get married in the UK? or there are other possibilities? We live with the family of my husband, his family owns the house and we do not have bills to show that we are paying rent. Electricity and gas we pay cash like many others do in London. But we have evidence that we live together using pictures, text message and other social media. Home office had my passport and my husband for several months which means I and he has been in the country. I am confused by the stupid rules

[opxa]

Nora, but also write them a letter now explaining that you applied as "married" without realizing that this type of marriage is not recognized as valid in the UK, but say you should've applied as "unmarried" which would've easily qualified you and explain your relationship (how long, etc.). This is a technicality, and perhaps they will reconsider. And send all the evidence with the letter again.

I did not know that people can marry in several ways in the UK, Islamic marriage is the most important for me and my family because of our relgion. After that we were married in wembley council. Where else can you get married in the UK? or there are other possibilities? We live with the family of my husband, his family owns the house and we do not have bills to show that we are paying rent. Electricity and gas we pay cash like many others do in London. But we have evidence that we live together using pictures, text message and other social media. Home office had my passport and my husband for several months which means I and he has been in the country. I am confused by the stupid rules

Again, I believe your application was refused on a technicality: you applied as married, but technically you are NOT. Civil partnership is NOT marriage in the legal sense and your islamic marriage is not recognized by the UK, so LEGALLY you are not married but in a partnership, and that's what they got you on. It appears to me that "civil partnership" was intended mainly for same-sex couples, even though they say it affords you the same rights. So, again, just (1) write a letter explaining all that with your circumstances that you live in your husband's family house etc. and that technically, according to the UK law, you are unmarried but partners and (2) if the first doesn't work just apply again as unmarried.

[nora_804]

Nora, but also write them a letter now explaining that you applied as "married" without realizing that this type of marriage is not recognized as valid in the UK, but say you should've applied as "unmarried" which would've easily qualified you and explain your relationship (how long, etc.). This is a technicality, and perhaps they will reconsider. And send all the evidence with the letter again.

I did not know that people can marry in several ways in the UK, Islamic marriage is the most important for me and my family because of our relgion. After that we were married in wembley council. Where else can you get married in the UK? or there are other possibilities? We live with the family of my husband, his family owns the house and we do not have bills to show that we are paying rent. Electricity and gas we pay cash like many others do in London. But we have evidence that we live together using pictures, text message and other social media. Home office had my passport and my husband for several months which means I and he has been in the country. I am confused by the stupid rules

Again, I believe your application was refused on a technicality: you applied as married, but technically you are NOT. Civil partnership is NOT marriage in the legal sense and your islamic marriage is not recognized by the UK, so LEGALLY you are not married but in a partnership, and that's what they got you on. It appears to me that "civil partnership" was intended mainly for same-sex couples, even though they say it affords you the same rights. So, again, just (1) write a letter explaining all that with your circumstances that you live in your husband's family house etc. and that technically, according to the UK law, you are unmarried but partners and (2) if the first doesn't work just apply again as unmarried.

thank you very much for your reply and thank you for your help. But I'm confused now help me a little to please. How can we get married common and how we can make it. what's required to have a valid marriage in the UK I greatly appreciate your answers, you are angel

[opxa]

Difference between a marriage and a civil partnership: http://findlaw.co.uk/law/family/marriag ... 00385.html

[kamoe]

Nora, but also write them a letter now explaining that you applied as "married" without realizing that this type of marriage is not recognized as valid in the UK, but say you should've applied as "unmarried" which would've easily qualified you and explain your relationship (how long, etc.). This is a technicality, and perhaps they will reconsider. And send all the evidence with the letter again.

I did not know that people can marry in several ways in the UK, Islamic marriage is the most important for me and my family because of our relgion. After that we were married in wembley council. Where else can you get married in the UK? or there are other possibilities? We live with the family of my husband, his family owns the house and we do not have bills to show that we are paying rent. Electricity and gas we pay cash like many others do in London. But we have evidence that we live together using pictures, text message and other social media. Home office had my passport and my husband for several months which means I and he has been in the country. I am confused by the stupid rules

Again, I believe your application was refused on a technicality: you applied as married, but technically you are NOT. Civil partnership is NOT marriage in the legal sense and your islamic marriage is not recognized by the UK, so LEGALLY you are not married but in a partnership, and that's what they got you on. It appears to me that "civil partnership" was intended mainly for same-sex couples, even though they say it affords you the same rights. So, again, just (1) write a letter explaining all that with your circumstances that you live in your husband's family house etc. and that technically, according to the UK law, you are unmarried but partners and (2) if the first doesn't work just apply again as unmarried.

if I may, I think nora should simply appeal the decision, not apply again. In their guidelines, that you can see here: https://www.gov.uk/family-permit/eligibility

The only two types of application you can make is a) Family member or b) Extended family member. As you can see in the link above, family member is either spouse or civil partner:
Qualifying as a family member

You must be the EEA citizen’s spouse or civil partner ...


So even if nora is not married, because they ARE in a civil partnership, she still chose the right application route.

if their relationship is genuine, as it seems to be, they have all the right to appeal. They should tell you what you can do in the refusal letter.

[opxa]

Better yet, go to the same Wembley Council and tell them that now you want to get married. Not form a civil partnership, but married. Tell them the word married several times. And tell them that you need a marriage certificate, not a civil partnership certificate. Then, apply again as married, this time with a UK marriage certificate. Consider this to be an exercise to get the Home Office off your back, in your mind you can still consider yourself to be married islamic.

AN APPEAL WILL TAKE AT LEAST A YEAR WITH NO CERTAIN OUTCOME.
A NEW APPLICATION IN HER CASE (STRAIGHTFORWARD AS IT IS NOW) -- 5 MONTHS AT THE MOST WITH PRACTICALLY GUARANTEED RESULT IF SHE DOES IT RIGHT. PLUS 1 MONTH TO GET MARRIED "PROPER", 6 MONTHS TOTAL.

[mmalinconia]

https://www.gov.uk/marriages-civil-part ... s/overview

here is the difference between marriage and civil partnership. try to get married in UK legally and then reapply. and try to get some bills on your names (TV licence, council tax, even internet bill), as it also helps the application.

[mmalinconia]

speaking about civil partners, you pointed to a link referring to Family Permit, not Residence Card. there might be different rules. and Nora chose the wrong type of application - they applied as a married couple, not civil partners or unmarried.

Nora, but also write them a letter now explaining that you applied as "married" without realizing that this type of marriage is not recognized as valid in the UK, but say you should've applied as "unmarried" which would've easily qualified you and explain your relationship (how long, etc.). This is a technicality, and perhaps they will reconsider. And send all the evidence with the letter again.

I did not know that people can marry in several ways in the UK, Islamic marriage is the most important for me and my family because of our relgion. After that we were married in wembley council. Where else can you get married in the UK? or there are other possibilities? We live with the family of my husband, his family owns the house and we do not have bills to show that we are paying rent. Electricity and gas we pay cash like many others do in London. But we have evidence that we live together using pictures, text message and other social media. Home office had my passport and my husband for several months which means I and he has been in the country. I am confused by the stupid rules

Again, I believe your application was refused on a technicality: you applied as married, but technically you are NOT. Civil partnership is NOT marriage in the legal sense and your islamic marriage is not recognized by the UK, so LEGALLY you are not married but in a partnership, and that's what they got you on. It appears to me that "civil partnership" was intended mainly for same-sex couples, even though they say it affords you the same rights. So, again, just (1) write a letter explaining all that with your circumstances that you live in your husband's family house etc. and that technically, according to the UK law, you are unmarried but partners and (2) if the first doesn't work just apply again as unmarried.

if I may, I think nora should simply appeal the decision, not apply again. In their guidelines, that you can see here: https://www.gov.uk/family-permit/eligibility

The only two types of application you can make is a) Family member or b) Extended family member. As you can see in the link above, family member is either spouse or civil partner:
Qualifying as a family member

You must be the EEA citizen’s spouse or civil partner ...


So even if nora is not married, because they ARE in a civil partnership, she still chose the right application route.

if their relationship is genuine, as it seems to be, they have all the right to appeal. They should tell you what you can do in the refusal letter:[/quote]

[kamoe]

You are right, correct link is here: https://www.gov.uk/apply-for-a-uk-resid ... ligibility

However, rules are the same:

Family members of EEA citizens
You can apply as a direct family member if you’re related to the EEA national as:

their spouse or civil partner

speaking about civil partners, you pointed to a link referring to Family Permit, not Residence Card. there might be different rules.

if I may, I think nora should simply appeal the decision, not apply again. In their guidelines, that you can see here: https://www.gov.uk/family-permit/eligibility

The only two types of application you can make is a) Family member or b) Extended family member. As you can see in the link above, family member is either spouse or civil partner:
Qualifying as a family member

You must be the EEA citizen’s spouse or civil partner ...


So even if nora is not married, because they ARE in a civil partnership, she still chose the right application route.

if their relationship is genuine, as it seems to be, they have all the right to appeal. They should tell you what you can do in the refusal letter:

[opxa]

I don't think Nora should appeal formally. Write a letter to them instead, explaining the circumstances and hope for understanding. But a formal appeal... no. What is she going to appeal? That she is married? She is not! Plus, an appeal will take over a year and a new application 6 months max. She should either get married and apply again as married (better) or apply as unmarried (worse). Or, she can appeal formally, but do everything else too and not put too much hope on the appeal alone.

[nora_804]

Thank you all for the responce

my husband has called and heard at Wembley registry office where we were married, and they have confirmed that is genuine marriage and we received marriage certificate. But when we answered the questionnaire so we used the word "partnership" and it is because of that we thought it was the same as being married. I think they "caught us" on this.

I know we've made a fool of us hahahahahahha, but I did not know that there are different meanings

[kamoe]

I don't think Nora should appeal formally. Write a letter to them instead, explaining the circumstances and hope for understanding. But a formal appeal... no. What is she going to appeal? That she is married? She is not! Plus, an appeal will take over a year and a new application 6 months max. She should either get married and apply again as married (better) or apply as unmarried (worse). Or, she can appeal formally, but do everything else too and not put too much hope on the appeal alone.

Of course, Nora should decide what to do. The only thing I meant to say, and my two cents here is: they don't appear to have chosen the wrong category in the first place: you do not apply as "married" or "unmarried", you apply as "family member" or "extended family member":

FM - Family member (spouse, civil partner) - which is what she did, and which was the right option

OR

EFM - Extended family member (unmarried partner)

I am not sure why being already a family member, and supplying a genuine civil marriage certificate, she got refused. I would not think what you mark on the questionnaire would be an issue, as you could in theory apply by only sending your documents without filling it the form (it is strongly advised, but it is not necessary).

It seems to be a mistake from all points of view.

The bottom line is unless there is an experienced immigration solicitor on this board we shouldn't really say what she should and should not do.

[opxa]

You know what... I'm looking at the EEA FM application and there's only ONE section for BOTH spouses and civil partners... I never even noticed that, I thought there would be different sections for each. The only difference is where it asks you "Your relationship to your sponsor" and you can select "Spouse" or "Civil partner" but then it refers you to the same section below to fill in the details of your relationship. And if she provided a civil partners certificate she should be OK.. unless she marked "spouse" and they decided that this insignificant difference warrants a refusal... then it's really crazy.

She can send them a Pre Action Protocol letter, which I described yesterday in my posts and then file a formal appeal. But then again, I would reapply regardless of the appeal.

[nora_804]

You know what... I'm looking at the EEA FM application and there's only ONE section for BOTH spouses and civil partners... I never even noticed that, I thought there would be different sections for each. The only difference is where it asks you "Your relationship to your sponsor" and you can select "Spouse" or "Civil partner" but then it refers you to the same section below to fill in the details of your relationship. And if she provided a civil partners certificate she should be OK.. unless she marked "spouse" and they decided that this insignificant difference warrants a refusal... then it's really crazy.

She can send them a Pre Action Protocol letter, which I described yesterday in my posts and then file a formal appeal. But then again, I would reapply regardless of the appeal.

I will appeal and in the same way I will send a new application, my husband COA is valid until 14.10.15 and I do not want them to send him back to his country. Me and my husband are from the same country, we have the same relgion, same language and we are high educated, we are in the same age (30 +). I cant understand why they refused.

[raf7]

Hello, after the refusal when we apply for appeal, do we get a new COA for another 6 months ?

[nora_804]

Hello, after the refusal when we apply for appeal, do we get a new COA for another 6 months ?

im not sure, but I have the right to appeal. But to be 100% sure I will send a new application to get a new COA for my husband. In the refusal letter they said you have to leave the country and make plan for this soon . I will not take the chance to let them send my husband out

[opxa]

You know what... I'm looking at the EEA FM application and there's only ONE section for BOTH spouses and civil partners... I never even noticed that, I thought there would be different sections for each. The only difference is where it asks you "Your relationship to your sponsor" and you can select "Spouse" or "Civil partner" but then it refers you to the same section below to fill in the details of your relationship. And if she provided a civil partners certificate she should be OK.. unless she marked "spouse" and they decided that this insignificant difference warrants a refusal... then it's really crazy.

She can send them a Pre Action Protocol letter, which I described yesterday in my posts and then file a formal appeal. But then again, I would reapply regardless of the appeal.

I will appeal and in the same way I will send a new application, my husband COA is valid until 14.10.15 and I do not want them to send him back to his country. Me and my husband are from the same country, we have the same relgion, same language and we are high educated, we are in the same age (30 +). I cant understand why they refused.

Yes, do all that, but also send then an informal letter tomorrow, with all the evidence. Just say, come on, dude! Look at this! You made a mistake! Maybe they will come to their senses.

[kamoe]

Hello, after the refusal when we apply for appeal, do we get a new COA for another 6 months ?

im not sure, but I have the right to appeal. But to be 100% sure I will send a new application to get a new COA for my husband. In the refusal letter they said you have to leave the country and make plan for this soon . I will not take the chance to let them send my husband out

I think, the most important thing you need to prove is that you both live and have lived where you say you live. How have you proved it in the previous application? Not having bills or any correspondence addressed to you will look suspicious to the HO, specially if you both live at his family's, not at yours, and he's the non-EEA. Try and collect any piece of correspondence, NHS letters, advertisements, personal letters (envelopes), anything that has been sent you you both or individually, to the address you have shared.

[Vensai]

Thank you all for the responce

my husband has called and heard at Wembley registry office where we were married, and they have confirmed that is genuine marriage and we received marriage certificate. But when we answered the questionnaire so we used the word "partnership" and it is because of that we thought it was the same as being married. I think they "caught us" on this.

I know we've made a fool of us hahahahahahha, but I did not know that there are different meanings

Sorry to hear about this Nora. But if I may ask, when you were granted the COA was it with work right ot without work right?

The reason I am asking is home office guidance states that married, will be issued COA with work right and I believe that some level of checking would have happened at that time.

And even otherwise, since your certificate is a valid marriage certificate, what is the reason for rejecting it if you had accidentally mentioned partnership. I think as opxa suggested it is better to write/call them and explain the situation.