Spouse and EEA Family Permit Refusal

[SuzMcFluz]

Hi all

I have posted a couple of times but would like to update you with my current situation and get some advice on a few questions I have:

I am a British Citizen and my husband is Albanian, we married in Albania on 7 December 2008. We applied for a settlement visa once we were married and waited until Feb 2008 for an interview date, my husbands visa was refused that day, the ECO was not satisfied of our intention to live together and that the marriage is subsisting. We appealed this and are currently waiting for the judges determination.

On refusal of our visa in Albania my husband and I travelled back to Kefalonia, Greece, where we have been living and working since March 2008. I am claiming EU Treaty Rights and we recently submitted another application, this time for an EEA Family Permit, we were again refused because they believe ours is a marriage of convienence, which we will again be appealing.

So my questions are these:

1. The reasons for refusal of the EEA Family Permit relied heavily on our previous application in Albania and the interview that my husband had, if we are unsuccessful at appeal, will these applications always play a large factor in future applications?

2. My husband entered the UK illegally in 2003, he was picked up straight away. He claimed asylum but it was not granted and he was removed a month later. This also plays a large part in the ECO's reasons for refusal, will this always affect his credabilty?

3. If we are unsuccessful at appeal and have to apply again, the only difference to another application is going to be time, if we wait another year, is this really going to make any difference?

4. I am claiming EU Treaty Rights in Greece and have been issued with a 5 year residency permit, we want to apply for my husbands residency permit (he has been living and working in Greece legally for the past 8 years so is here on his own visa), does anyone know what we need to do? I applied for mine at the local police station so assume that is also where we'll need to go but I want to go armed with all the information I need as I am pretty sure we'll get an unhelpful reception once they know my husband is Albanian!

Thank you all in advance for any advice.

[fysicus]

perhaps these links are useful: http://www.helleniccomserve.com/residen ... citiz.html and http://eumovement.wordpress.com/info-greece/

[SuzMcFluz]

Thanks fysicus

[Frontier Mole]

How can your husband have worked legally in Greece for 8 years when he came to the UK as an illegal entrant in 2003? Confused!

As for your UK spouse application - this will hinge on what happened when he claimed asylum and the outcome of that claim, what evidence you supplied to support your marriage, your evidence of the relationship prior to the marriage and the continuing relationship you can demonstrate at the time of the appeal hearing.

A couple of questions when did you meet, where did you meet and how have you continued your relationship. Did you live together before you married, for how long and where?

You can not apply for an EEA family permit in the UK if you at a UK cit. so I am assuming you applied in Greece for the family permit? Whatever reason they gave even if it happens to be the same as UKBA you will go through whatever appeal system they have. No idea about their system so can not comment.

[SuzMcFluz]

Thanks for your reply Frontier Mole.

My husband was living and working leagally in Greece when he went to the UK, he was in the UK for less than a month and on his removal returned again to Greece legally. He was young and made a mistake.

We received our determination yesterday and our appeal has been allowed, just have to wait the 5 days to see if the POU ask for a review and then for the British Embassy in Albania to contact us.

[Frontier Mole]

Well done

I think you can safely assume there will be no appeal sought against the spouse visa.

And Tirana with issue quickly as well - you could be back in the UK - if you want to be - in a couple of weeks.