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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I'm in pakistan now sir and she's with another man I don't think she will do it because when I was in pakistan she moved with out with him in 2016secret.simon wrote: ↑Wed Oct 07, 2020 10:48 amAre you currently in the UK or abroad? Will you Polish spouse assist you with your application as you may need proof of certain documents from her.
Zerubbabel wrote: ↑Wed Oct 07, 2020 11:50 amYou also have to prove that your marriage was genuine.
If you were married but she was with another man and you didn't live as a couple, it means for the Home Office that marriage was contracted for the purpose of immigration. That won't get you a retrained right.
You can only apply if you were in the UK as the EEA national’s family member on the date the divorce was finalised or
It means they don't believe your sponsor was a relevant EEA national. It means she wasn't exercising Treaty Right and as such she can't sponsor you. In other words, if your Polish wife was just living in the UK without doing anything, she won't be a valid sponsor for you. You need to show that she was working, studying, registered as a job seeker... etc.So on the letter the reason of refusal they giving is that my spouse wasn't activate working or job seeker
Thankyou ,Zerubbabel wrote: ↑Wed Oct 07, 2020 4:31 pmHappy you are doing better now.
You need to relax and get your data clear to see if there is an opportunity of retained right for you or not.
The UK doesn't put back in plane close family of EEA nationals. It's huge responsibility to take from airport immigration officials. They do it only if they are dead certain that it won't backfire against them.
You need to recall some objective elements:
- When did you marry?
- When did you get your EEA card?
- When did the divorce proceeding start?
- When was the divorce finalised?
- From when to when did you live in the UK?
These dates you need to remember and document with proofs. That's essential.
Other element. You said:
It means they don't believe your sponsor was a relevant EEA national. It means she wasn't exercising Treaty Right and as such she can't sponsor you. In other words, if your Polish wife was just living in the UK without doing anything, she won't be a valid sponsor for you. You need to show that she was working, studying, registered as a job seeker... etc.So on the letter the reason of refusal they giving is that my spouse wasn't activate working or job seeker
Oh so no hope because they deported from the borderCR001 wrote: ↑Wed Oct 07, 2020 4:07 pmDo you have the official divorce papers?
You can also only apply if you were in the UK at the time the divorce was granted.
https://www.gov.uk/family-permit/retain ... -residence
You can only apply if you were in the UK as the EEA national’s family member on the date the divorce was finalised or
I see how you got deported from the UK :/I dont know what she did if she did anything or she working or not
Zerubbabel wrote: ↑Wed Oct 07, 2020 5:27 pmI see how you got deported from the UK :/I dont know what she did if she did anything or she working or not
She is your wife. Do you know if she was working or not at the time?
It's not important what she is doing now. But the period where you were together, you should be crystal clear about what she was doing + you should be able to demonstrate it by documents. It means, she needs to help you at some point.
Hi thank you , I didn’t apply because I didn’t think things will change like this, on the letter they stated that my eu spouse wasn’t exercising treaty rights,working studying or job seeking, but she sometimes leave the job or come back but it was that time when she wasn’t working, they sent me back to Pakistan next day flight , yes I signed willingly to be deported because they were kept asking the same things over and over again, my mind was already tired and it wasn’t there they just wanted to remove meGarry20g wrote: ↑Wed Oct 07, 2020 5:58 pmHi. Your story is so sad. Why not you apply after 3 years when you were in UK any way it's too late. I really do not understand how they deport you from the airport without any appeal. I heard many cases like you but all of them got entry to UK and home office ask them to show more document. How many days they detain you. Do you sign willingly to be deported.
Your case seems rather strange.Kajar wrote: ↑Wed Oct 07, 2020 8:59 amHello,
I am Pakistani national and married to Poland national and granted visa in 2012, later 2016 I went on holiday to pakistan, when I came back border force asked me , my wife job related questions, that day when I came back I was depressed because my father passed away few weeks before coming back to uk and I didn't remember how long she worked, me and my wife stayed together more than a year and half later she started going out with someone else but the marriage wasn't ended legally till now, when they deported me i was more under stress because it was all just changed quickly I agreed to back, but now i found out that under the eu law if you married to someone more than 3 years and have living proof for 1 year, you can apply for the directive rights residency, please someone help me with this Thankyoh so much
Obie wrote: ↑Wed Oct 07, 2020 11:44 pmYour case seems rather strange.Kajar wrote: ↑Wed Oct 07, 2020 8:59 amHello,
I am Pakistani national and married to Poland national and granted visa in 2012, later 2016 I went on holiday to pakistan, when I came back border force asked me , my wife job related questions, that day when I came back I was depressed because my father passed away few weeks before coming back to uk and I didn't remember how long she worked, me and my wife stayed together more than a year and half later she started going out with someone else but the marriage wasn't ended legally till now, when they deported me i was more under stress because it was all just changed quickly I agreed to back, but now i found out that under the eu law if you married to someone more than 3 years and have living proof for 1 year, you can apply for the directive rights residency, please someone help me with this Thankyoh so much
Officers cannot revoke a Residence Card at port, there is an in country right of appeal against revocation, and rwmoval.
I am of the view that you may well have been refused on the basis of Marriage of Convenience and the fact that your spouse no longer resides in the UK.
If my suspicion is correct, then there is little prospect of you succeeding under the settlement scheme, based on passed residence.
You should have challenged the decision and not waive your right to doing so.
If it's kind confusing, just call it a day and try find happiness in your current life. I am reading your posts and I don't see who you can come back to the UK. I don't believe your marriage was genuine and if you present the situation to the authorities the way you presented on this forum, they will think the same. What transpires from your posts, correct me if I am wrong, is that you married with this lady for immigration purposes but you were unable to tell a straight story at Heathrow when confronted and that caused your deportation. If you didn't fight it at the time, I don't see how you can fight it now.my case is kinda confusing
they didn't revoke residence, they just didn't allow entry. And yes, EU law does permit that.
Zerubbabel wrote: ↑Thu Oct 08, 2020 11:49 amDeporting an EEA citizen or family of an EEA citizen is a big thing. It's not like cancelling a Tier 4 because the dude is working full or something like that. The decision is escalated and taken cautiously and at high hierarchical level. Because if they do the wrong thing, it can have serious repercussions.
My understanding, is they found out that the lady wasn't exercising Treaty Rights, the husband unable to provide her whereabouts or details. So, the entire story collapsed and he had to go home.