Malaysian marriage certificate rejected by Home Office

[enquiringmind]

We received the rejection letter from Home Office for the EEA family member permit, on the grounds that they do not recognize the Malaysian marriage certificate. Quoting the rejection letter:

"In support of your application you have provided a certificate of marriage. It has been noted that you have provided an application for registering your marriage and it cannot be seen whether your marriage was registered with a competent authority. As a result the Home Office is unable to accept the marriage certificate as valid. I therefore refuse your family permit application".

Our marriage certificate was issued by the local government office in one of the larger cities in Malaysia (my wife is Malaysian). An official translation to English was provided and stamped by the highest court in the city.

We're at a loss as to what additional evidence to provide, or how to prove that the marriage certificate is valid. It's the same marriage certificate as other Malays get when they marry, including my wife's parents and her married friends.

Any advice would be helpful.

[dan1988uk]

We received the rejection letter from Home Office for the EEA family member permit, on the grounds that they do not recognize the Malaysian marriage certificate. Quoting the rejection letter:

"In support of your application you have provided a certificate of marriage. It has been noted that you have provided an application for registering your marriage and it cannot be seen whether your marriage was registered with a competent authority. As a result the Home Office is unable to accept the marriage certificate as valid. I therefore refuse your family permit application".

Our marriage certificate was issued by the local government office in one of the larger cities in Malaysia (my wife is Malaysian). An official translation to English was provided and stamped by the highest court in the city.

We're at a loss as to what additional evidence to provide, or how to prove that the marriage certificate is valid. It's the same marriage certificate as other Malays get when they marry, including my wife's parents and her married friends.

Any advice would be helpful.

What is your nationality? You can attach the registration of the marriage in your country/town, otherwise you can travel to the UK border with your wife without FP asking for EEA family member stamp since your wife does not require visa for UK

[enquiringmind]

My nationality is Irish. I'm resident in the UK. We could register the marriage in the UK, but then my wife would need to leave the country and re-apply for the EEA family permit. So we prefer to apply from Malaysia before she comes to UK.

[enquiringmind]

I'm also unclear whether it's better to appeal the decision or submit a new application.

[dan1988uk]

Is she in Malaysia now?

[enquiringmind]

Yes my wife is in Malaysia now, and I'm living and working in the UK.

[Richard W]

I'm also unclear whether it's better to appeal the decision or submit a new application.

There's also the third option of your wife just flying to the UK and explaining on arrival that she is not a visitor but is joining you in accordance with the EEA Regulations. (Flying with her is recommended, but not essential.)

I'm assuming that it takes an idiot to mistake your marriage certificate for an application to marry (which would be form KC.02?). The one shown at http://k0ks3nw4i.blogspot.co.uk/2013/06 ... e-and.html looks very like a marriage certificate. So also does the extract from the register shown at https://hornbillunleashed.files.wordpre ... icate1.jpg .

Did you submit both a marriage certificate and an application to register your marriage? If so, it is entirely possible that the caseworker looked at the application form and looked no further. That sort of problem should not occur if your wife is present when the immigration decision is made.

[enquiringmind]

I'm also unclear whether it's better to appeal the decision or submit a new application.

There's also the third option of your wife just flying to the UK and explaining on arrival that she is not a visitor but is joining you in accordance with the EEA Regulations. (Flying with her is recommended, but not essential.)

I'm assuming that it takes an idiot to mistake your marriage certificate for an application to marry (which would be form KC.02?). The one shown at http://k0ks3nw4i.blogspot.co.uk/2013/06 ... e-and.html looks very like a marriage certificate. So also does the extract from the register shown at https://hornbillunleashed.files.wordpre ... icate1.jpg .

Did you submit both a marriage certificate and an application to register your marriage? If so, it is entirely possible that the caseworker looked at the application form and looked no further. That sort of problem should not occur if your wife is present when the immigration decision is made.

We only submitted the original marriage certificate, along with a translation made by an official court translator bearing the court stamp. It's hard to believe that the case worker (who is based in Philippines) had not seen a Malaysian marriage certificate before. The Home Office website only recommends submitting the marriage certificate and a translation. I'm unclear what else we can provide to demonstrate its legitimacy. The certificate itself should be the most legitimate evidence that the marriage is official. We submitted photos of the marriage ceremony, which looked authentic.

Her right to join me in UK without getting first the EEA family member permit are from what I've seen, not well documented. The Home Office doesn't seem to recommend that approach particularly, so I'd be wary of what might happen when she arrives, although it may be a fall back option.

[Richard W]

Her right to join me in UK without getting first the EEA family member permit are from what I've seen, not well documented. The Home Office doesn't seem to recommend that approach particularly, so I'd be wary of what might happen when she arrives, although it may be a fall back option.

It works - see the recent example of Kmazyar.

The right is pretty well documented. It is just that the Home Office guides addressed to the public don't mention it. The only problem is that if you don't accompany her, she will need to carry evidence that you are a qualified person or have the right of permanent residence.

[ribena]

How do you know that case worker is based in Philippines?

Did you not apply for the EEA FP with the UK embassy in KL?

regards
ribena

I'm also unclear whether it's better to appeal the decision or submit a new application.

There's also the third option of your wife just flying to the UK and explaining on arrival that she is not a visitor but is joining you in accordance with the EEA Regulations. (Flying with her is recommended, but not essential.)

I'm assuming that it takes an idiot to mistake your marriage certificate for an application to marry (which would be form KC.02?). The one shown at http://k0ks3nw4i.blogspot.co.uk/2013/06 ... e-and.html looks very like a marriage certificate. So also does the extract from the register shown at https://hornbillunleashed.files.wordpre ... icate1.jpg .

Did you submit both a marriage certificate and an application to register your marriage? If so, it is entirely possible that the caseworker looked at the application form and looked no further. That sort of problem should not occur if your wife is present when the immigration decision is made.

We only submitted the original marriage certificate, along with a translation made by an official court translator bearing the court stamp. It's hard to believe that the case worker (who is based in Philippines) had not seen a Malaysian marriage certificate before. The Home Office website only recommends submitting the marriage certificate and a translation. I'm unclear what else we can provide to demonstrate its legitimacy. The certificate itself should be the most legitimate evidence that the marriage is official. We submitted photos of the marriage ceremony, which looked authentic.

Her right to join me in UK without getting first the EEA family member permit are from what I've seen, not well documented. The Home Office doesn't seem to recommend that approach particularly, so I'd be wary of what might happen when she arrives, although it may be a fall back option.

[facebook.user]

Unfortunately Malaysia is not member of Hague Apostle convention but they should accept the marriage document as the evidence of relationship. They cannot ask you to register the marriage in the UK as you're already married and cannot remarry. It is better to contact Solvit and explain them the situation. They will surely help you out.