MY JOIN EU SPOUSE VISA HAS BEEN REFUSED!!!!!!!!!!!!!!!!!!!!!

[Toni576]

Please Help!!!!!!!!
My Join EU Spouse Visa has been refused which I have waited 4 months for an answer on, I am distraught, please help, what can I do? They have refused on immigration history, I understood this does not count with EU Treaty Rights, the history is from UK. They have refused because I have not provided a full copy of my passport, I thought I just needed the page with picture on and the front and back cover and also my stamps from visiting my husband. Inconsistencies in the marriage certificate, there are no inconsistencies, I have checked it so many times, everything is spelt correctly and the dates and addresses are correct. They say I must convince them that the marriage is bona fide, I have submitted evidence of living together, our wedding video all our wedding photos, video of us in the UK, letters, cards, pages and pages of phone records, web chats, packaging from parcels I have posted to him, what more do they want?

Please, I need urgent help, what can I do, they cannot refuse I understood, that is what everyone is telling me on here, unless he is a danger to the public. Can someone please give me details of a good EU Law Solicitor?

[archigabe]

They really should not be asking for your (original E.U Passport) just a notarised copy of the passport should do.
Which country did your spouse apply in for the spouse visa?

Try to Contact

Brophy Solicitors,
38 Parliament Street Temple Bar,
Dublin 2
01-6797930

[Toni576]

Hi,
Thank you for your response, he applied in Greece as Albania does not have a Greek Embassy.
Thank you for the Solicitor details, I submitted a photocopy of my passport, they say this is not enough, I did not realise I needed to get it notarised too.

[Directive/2004/38/EC]

Your posting is a little confusing.

What is your citizenship? What is the citizenship of your husband?
Is one of you living in Ireland, and working?
Were you applying for an Irish visa through the Greek embassy in Athens?

[Toni576]

Hi, sorry, I was really upset when I typed that.
I am a British citizen, living and working in Ireland for 4 months, my Husband is Albanian and is now residing in Albania. We applied through the Irish Embassy in Athens

[Directive/2004/38/EC]

How long have you been married?
How long have you lived together?

[Toni576]

Hi,
We have been in a relationship for 3 years, lived together in the UK for 7 months, until we both returned to Albania to apply for a Fiance visa, he has then remained there ever since, with me visiting him as often as I can. We have been married since January of this year, so we will have been married 9 months in a couple of weeks time. I will be on my way to see him again on Tuesday for two weeks, this will be my ninth visit, I wish so much I could bring him back with me!

[Directive/2004/38/EC]

I would suggest you immediately contact Solvit - see http://eumovement.wordpress.com/help-eu-solvit/

[Toni576]

Hi,
I have already contacted them, I am just waiting for the refusal letter, so that I can show this to Solvit. I have found out some things which Ireland did do incorrectly in our case. They never asked for further documents even though I was in contact with them ever week, they never sent a letter to say they had received the application and they never returned our documents, they are supposed to make copies and return originals immediately. We have never received our evidence back from the British Embassy in Albania either which is wrong, despite appeals from myself and solicitors, they have had this evidence for two years now, they just said you will get it back when you win. I am going out to try and get this back when I visit my Husband. We are constantly treated discustingly by these people and they get away with it.

[Toni576]

My Refusal letter has finally arrived today, I had to chase them up three times to get them to send it at all. The problem is it is useless it says exactly what it said on the INIS website, there are no explanations for why they think our marriage certificate is not genuine and why they think that our relationship is not bona fide. How are we supposed to fight when we do not know what we are fighting? I am so discusted with how we continue to be treated, we spent weeks on our paperwork and they cannot be bothered to give a proper explanation for our refusal. The solicitor has told me to complain to the EU comissioner about everything as he is above all the visa people.

[walrusgumble]

right,

it appears that you failed to produce all documents, even though the last page in the application form specifically requests the documents needed. that might be a problem if challenging it in a high court, under judical review. they most certaintly should have requested further documents before making the decision. but judge might not have power to rescind. judge may take the cops word for it
. but you are entitled to an adequate explanation as to refusual
. the withholding of documents is very very odd


i don't want to frighten you, and do not take this in any way shape or form as any intention of trying to insult you, but i am trying to explain to you what you are up against

the department, garda and interpol are very very very wery of albanian nationals in the last 5-10 years. they are aware that some ring/gangs (i am not for one milisecond suggesting anything of the sort about your husband) invloved in false marriages, they are also known to have come into the country pretending to be nationals of kosovo then telling the truth about their true nationality later, when they are safe. they are also known to have been previously married without divorcing before marrying an eu national, and false documents are not uncommon. basically they do not have the best of reputations in the eyes of the gardaí


look relax. you can appeal to minister, ask for an extension or just make a new application again (yes i know it will take another 7 months) talk to a lawyer anyway

send in the following

full passports of both of ye. with your plane tickets/ emails and stamps on passport you will be able to prove its legitimate. his passport will/should have some stamp from uk saying he was allowed to stay in uk on basis of marriage, assuming that is the case (yes yes i know what metock says)

who will need to provide extensive evidence that ye were together. leases, joint bills, landlord letters, etc in uk. eu don't seem too bothered whether the marriage was 6 months or 1 year, joint bank accounts evidence of sending money to each other etc . so you should be ok. phone records don't tend to cut it i am afraid

you should to go back to albanina and get a new marriage cert make sure its endorsed by authority and notarised, some for of letter confirming its legite (cops here would not take a document unless in english, i would not even chance it if it was in irish) i would even suggest letting them send it on directly to the cops but those gob7ites would loose it

did you personally actually collect the marriage cert from the authorities?

you got those, you got the law on your side

get a freedom of information act 1997 discovery on the file done immediately ( copy of all records that the department has on your file)

[Toni576]

Hi,
Yes we are making a fresh application, with legal help this time, we now have all our evidence from the UK too, I chased up the British Embassy in Albania again, when I was there the other week. Previously I had to keep saying the British Embassy has this, that and the other.
The marriage certificate is genuine, we picked it up from the registry office ourselves, we then got it legally notarised, stood there while they did it and a further legal seal of approval to say that the translation was correct and again stood there while they did it. All three pages have the official stamps on. All the dates are correct, of the date of the marriage and date the certificate was produced. The Solicitor says that it looks exactly the same as any other Albanian marriage certificate she has seen and cannot see what is wrong with it either.
I was in contact with INIS every week through e-mails and phonecalls and nobody ever asked me for any extra documents. What discusts me is all of the hard work me and my husband put into our application, with no legal help or advice (We could not afford this at the time), we spent weeks on our paperwork and they could not be bothered to give an explanation for the reasons why they said what they said. Surely they cannot make these kind of statements without proof and where is their proof? When they have given no reasons why, they said what they said. As I said before how can we fight their decision, when we do not know why?

[walrusgumble]

under the freedom of information act you are entitled to a copy of your file and most of the deprtment memos contained in your file. its free! . they might write back and ask if you could withdraw the request in return for them sending the full file (lazy reasons as they don't want to go thrugh the whole admin process) its good for you in that you get the file quickly, but i would insist that they go through the process.quote the relevant reference numbers. if the file is under your husband's name, get his letter of authority

if i were you i would get a letter from the embassy to prove all is legit.

by having evrey single shred of evidence before the minister, if he refuses again, then you might be able to challenge it before a court. you can then challenge the inadequate reasons given

[koded]

I will suggest you reapply and submit all your documents back and if they refuse again. then take the minister to court since you know your marriage certificate is genuine. I think some people in GNIB and Eu treaty rights are bunch of lazy people who prefer to lie instead of investigating things in a proper way.
And I think recently there are high rate of prejudice in GNIB and Eu treaty right section.
[quote]Chief Supt O’Driscoll said a marriage with an EU citizen was considered the “gold card of immigrationâ€

[Toni576]

Hi Everyone, Fantastic news at last!!!!! Just been told we now have a Yes after the appeal, my husband is coming at last, thank you so much to everyone who offered advice and support, we are in shock that this is now all over, once again thank you.

[fatty patty]

Hi Everyone, Fantastic news at last!!!!! Just been told we now have a Yes after the appeal, my husband is coming at last, thank you so much to everyone who offered advice and support, we are in shock that this is now all over, once again thank you.

Congrats

[El shaddai]

Congratulations.

[Directive/2004/38/EC]

Hi Everyone, Fantastic news at last!!!!! Just been told we now have a Yes after the appeal, my husband is coming at last, thank you so much to everyone who offered advice and support, we are in shock that this is now all over, once again thank you.

So the YES came in the form of the appeal decision, or was it YES to a resubmitted application? If an appeal, was there any other content to the decision which was interesting? Sometimes the judges will have some sharp comments critical (or supportive?) of UKBA...

[Toni576]

Thank you all, Hi, it was an appeal, which we treated as if it were a reapplication by giving them the documents which were missing from the original and over preparing the case as if it were going to court, we did all this just so that it was ready for any eventuality and we used the accelerated appeals process, it was over and done with in two weeks. The original refusal did not explain the reasons why the documents were thought incorrect or why the relationship was brought into question. I have not yet received the letter from the appeal, so I do not know what has been said about the original decision from Ireland. Am I going to receive comments about UKBA's decision then? Why would Ireland comment on the UK's decision, I do not understand, surely they would just comment on Irelands decision?

[Directive/2004/38/EC]

Sorry, my UKBA reference was incorrect.

So this was actually a formal appeal. Did you do it with the help of a solicitor or on your own?

What did you submit for the appeal that you did not submit in the original application?

[Toni576]

Yes, we did it with the help of a solicitor, we submitted my actual passport, not a copy and proof we were free to marry (a copy of the banns which were put up in the UK) my affidavit (previously just put a statement in I had done myself, without getting it done by a solicitor) and more phone evidence, flight tickets, etc. So very little extra, I think it was mainly the extra weight that we carried by having a solicitor which really won the case, as we kept pointing out to them our rights and were constantly on their backs about getting an answer.