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Refusal records

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jumpingzombie
Member
Posts: 103
Joined: Sat Sep 26, 2009 7:22 am
Location: UK

Refusal records

Post by jumpingzombie » Thu Oct 01, 2009 2:07 pm

Hello, everyone.
I posted some question about EEA family permit some days ago, but haven't really got answers/advisces, so I would like to ask if my refusal records will affect to apply the permit this time.

Im a Japanese citizen living in Norway for 4years, and my husband is a Polish citizen living in the UK about 2 years. We got married in Japan this July, and have been preparing for my permit.

I was refused to extend my entry clearance as a student twice in 2003. I'd been living in London for 1.5 years as a student since January in 2002, and i was refused to enter the UK on the 25th of August in 2003 at the Stansted airport at first. i was traveling outside of the UK about 2moths as a summer holiday,and my entry clearance expiry date was on the 31st of August in 2003, so I was supposed to extend it when i was back to the UK because the Japanese citizens were able to do it at the airport when they got back from outside of the UK at that time.
I was noticed to leave the UK by the immigration at the Stansted airport, and they kept my passport, but released me, alerting to show up at the airport on the 27th of August in 2003. I went to the airport as the immigration told me, and was removed to Germany where Id took a flight from to go back to the UK.

After that, I went to Amsteldam and re-applied to the British embassy in the Netherlands, and eventually was refused on the 18th of September in 2003 again.I went back to Japan after some days.
The refusal wordings for the first time was 'holds no prior entry clearance' , and I wasnt concidered as a genuine sutudent at the second refusal. I was a genuine student having attendancy more than 90% all of the time,but it seems the immigration didnt like I enrolled in some subjects while I was in the UK. I got the right to appeal, and I did it although I didnt really know what was going to happen because of the appeal, nor how it would affect my immigration history.As a result, I lost the appeal.

I was refused before completing my study in the UK, so actually I enrolled a school in Ireland, and got through with my study there in 2004.

Ive mentioned about my refusal records in the online EEA application form, and will the immigration investigate me about it?
I can explain that I was a genuine student, so I completed my study in Ireland, showing a certificate and an English exam score. But, is it unnecessary, extra information? Is it better not to explain about it?

Please tell me any of your advices, opinions and experiences...

alexsh1
Newbie
Posts: 42
Joined: Tue Apr 28, 2009 3:15 pm

Post by alexsh1 » Thu Oct 01, 2009 3:23 pm

This is a very difficult topic.
As far as I can see the Home Office had (a) questioned you were a genuine student, (b) thought that you have violated immigration laws (enter/exit/visa expiry). Probably they made a few enquiries to the school in the UK you were studying. What kind of visa are you applying now?

jumpingzombie
Member
Posts: 103
Joined: Sat Sep 26, 2009 7:22 am
Location: UK

Post by jumpingzombie » Thu Oct 01, 2009 3:56 pm

Thank you for the reply!

No, Ive never overstayed in any countries.
I was refused on the 25th of August in 2003 at the Stansted airport, and then my entry clearance was going to be expired on the 31st of August in 2003.
So, the immigration at the airport kept my passport, alerting me to show up there on the 27th of August, and released me in the UK. Then, i was staying in London between the 25th and the 27th without my passport.
I was removed to Germany on the 27th that was some days before my entry clearance expiry date,so I dont think I overstayed nor violated any immigration laws....

I showed 2 school letters that one was from a school I went to at that time, and another was from a school I was supposed to go to later to the immigration , describing I was a genuine student, but they didnt make any enquiries nor even called to those schools.

I am going to apply the EEA family permit soon, so Im really afraid if my refusal records will affect for it....

jumpingzombie
Member
Posts: 103
Joined: Sat Sep 26, 2009 7:22 am
Location: UK

Post by jumpingzombie » Thu Oct 01, 2009 4:14 pm

Let me add another information about my post above.

I visited my husband in the UK in December 2008,January,March,April, May, July and August this year as a visitor. Ive got an Norwegian resident permit, besides I dont need to get any visa to the UK as long as Im just a visitor/tourist, because Im a Japanese citizen.

Im really confused and worried...

freon21
Newbie
Posts: 39
Joined: Tue Nov 06, 2007 10:21 pm

Post by freon21 » Thu Oct 01, 2009 5:21 pm

Your previous immigration history is irrelevant in a case of EEA application unless you are a threat to uk national health and security as long as you can prove that you are the genuine family member of a EEA citizen.
The UK will try to refuse your EEA Family permit on the ground of marriage of convenience because of your poor immigration history.
You will have to prove that your marriage is genuine and not a mean to enter the uk.
Do you have children with your Polish spouse?That would help you a lot.
Good luck

jumpingzombie
Member
Posts: 103
Joined: Sat Sep 26, 2009 7:22 am
Location: UK

Post by jumpingzombie » Thu Oct 01, 2009 7:07 pm

Thank you for the advice!

We're a genuine couple, but have no child.
We have been preparing following documents as proofs.

#marriage certificated issued by the japanese authority, having english translation and appostille.

#My bankstatement issued by a norwegian bank(£6300)+my husband's bankstatement issued by an english bank(£3500-£4000)+my parents' bankstatement(gift for our marriage:£17500) issued by a japanese bank, total £27300-£27800.

#invoices of my husband's income, covering at least for 6months.

#2 refarenses from his work

#transaction record from 2 japanese banks, showing my parents have been supporting me financially,covering these 6 months.

#our chatting history through MSN and Skype since we met in last December.we contact almost everyday and so the amount of the history is huge,so only 1 page for each day.

#call history by mobile, skype and gizmo since we met last december.

#my flight booking when i visited him in the uk in last december, jan,mar,apr,may,and july this year.

#flight bokking when he visited me in norway this june

#flight booking when we had a trip to latvia this february, to japan this july, and to germany this august(honeymoon)

#receipt issued by hotels we stayed in

#about 40 pictures, including our wedding picture wearing japanese traditional clothes taken in tokyo

#my husband's rent agreement

#my bachelor degree certificate to show i completed my study in a japanese university this march

#my husband's essay and my essay, describing about our relationship

#my husband's documents from the tax office in the UK

#his bills issued by o2 and t-mobite(internet), showing his address.

I think they're what we have been preparing....

And i wornder if i should show a certificate from a school and IELTS score I took when I lived in Ireland in 2004, to show I was a genuine student thats why i continued my study there after the refusal by the uk immigration....

I really appreciate if anyone tells me advices.

jumpingzombie
Member
Posts: 103
Joined: Sat Sep 26, 2009 7:22 am
Location: UK

Post by jumpingzombie » Thu Oct 01, 2009 7:09 pm

sorry one more proof.
our flight booking to his country, Poland this january.

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