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RC refused and spouse being difficult

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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buukey96
Newly Registered
Posts: 5
Joined: Sat Mar 19, 2016 5:27 pm

RC refused and spouse being difficult

Post by buukey96 » Sat Mar 19, 2016 6:55 pm

Good day,
I have quite a complicated case.
I am married for over 3 years now to my husband who is an EEA national, we resides in UK and husband in full time job for years now.
Am non EEA, we married in UK and submitted all documents regarding my RC which was refused, reason that they can't get in touch with his employer to confirm if exercising treaty rights.
We appealed, which took almost 1 year, a paper appeal, with all documents sent, appeal in our favour and judge said HO should reconsider well HO'S reconsideration then was we should come for an interview, date wasn't in favour to my spouse has he was out of the country, lawyer wrote we couldn't come stating reason, HO responded by refusing the application according to them we refuse to come for the interview and we didn't state our reason for not attending, but we did send notification of us not attending within their specified time, thus stating marriage of convenience, then we appeal again this time oral hearing, oral appeal waiting time 7 months and unfortunately during this time relationship with spouse was on and off and refused to attend the oral hearing, I didn't bother going myself for our lawyer said there is no point if spouse won't be attending so appeal refused now.
We still live together but relationship is sour.
What can I do? Thinking of filing for divorce, am not working now, I have been dependent on him as I have no RC.
Thank you, waiting for responses.

member
Member of Standing
Posts: 297
Joined: Thu Sep 29, 2011 7:23 am

Re: RC refused and spouse being difficult

Post by member » Sun Mar 20, 2016 4:53 am

buukey96 wrote:Good day,
I have quite a complicated case.
I am married for over 3 years now to my husband who is an EEA national, we resides in UK and husband in full time job for years now.
Am non EEA, we married in UK and submitted all documents regarding my RC which was refused, reason that they can't get in touch with his employer to confirm if exercising treaty rights.
We appealed, which took almost 1 year, a paper appeal, with all documents sent, appeal in our favour and judge said HO should reconsider well HO'S reconsideration then was we should come for an interview, date wasn't in favour to my spouse has he was out of the country, lawyer wrote we couldn't come stating reason, HO responded by refusing the application according to them we refuse to come for the interview and we didn't state our reason for not attending, but we did send notification of us not attending within their specified time, thus stating marriage of convenience, then we appeal again this time oral hearing, oral appeal waiting time 7 months and unfortunately during this time relationship with spouse was on and off and refused to attend the oral hearing, I didn't bother going myself for our lawyer said there is no point if spouse won't be attending so appeal refused now.
We still live together but relationship is sour.
What can I do? Thinking of filing for divorce, am not working now, I have been dependent on him as I have no RC.
Thank you, waiting for responses.
What is your current immigration status in the UK?

buukey96
Newly Registered
Posts: 5
Joined: Sat Mar 19, 2016 5:27 pm

Re: RC refused and spouse being difficult

Post by buukey96 » Sun Mar 20, 2016 10:28 am

Hello,
Right now I have no current status, already exhausted my visa.

buukey96
Newly Registered
Posts: 5
Joined: Sat Mar 19, 2016 5:27 pm

Re: RC refused and spouse being difficult

Post by buukey96 » Thu Mar 24, 2016 11:58 pm

Hello
Is there any thing I can do regarding my issue.
I need your suggestions Please.
Thank you.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: RC refused and spouse being difficult

Post by Obie » Fri Mar 25, 2016 12:08 am

Lawyer was wrong. Could have attended hearing even if the relationship has broken. So long as there was no divorce.
Smooth seas do not make skilful sailors

buukey96
Newly Registered
Posts: 5
Joined: Sat Mar 19, 2016 5:27 pm

Re: RC refused and spouse being difficult

Post by buukey96 » Sat Mar 26, 2016 5:32 am

Thanks Obie
Is there anything else I can do now?

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Re: RC refused and spouse being difficult

Post by zubby007 » Mon Mar 28, 2016 3:11 pm

buukey96 wrote:Thanks Obie
Is there anything else I can do now?

Your husband is the key player here so you gotta amend issues with him, You can still reapply for EEA2.
Best of luck

buukey96
Newly Registered
Posts: 5
Joined: Sat Mar 19, 2016 5:27 pm

Re: RC refused and spouse being difficult

Post by buukey96 » Thu Mar 31, 2016 12:10 pm

Thank you.

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