EEA application from india refused becaus was overstayed

[ajishcusat]

my EEA family permit refused. I can't believe. the refusal reason is saying below;

“In considering your application for an EEA family permit I have noted the following regarding your previous immigration history; you initially arrived in the UK on 27/09/08 with entry clearance as a student valid until 31/0?/2010. On 28/12/09 you made an application to the Home Office for further leave to remain as a student however that application was refused on 13/07/10 and the subsequent appeal was dismissed. You were notified of this decision on 10/09/10. On 02/04/2011 you made a voluntary departure at your own expense from the UK. You have failed to provide a satisfactory explanation why you did not leave UK following the dismissal of your appeal.

I have further noted that following your departure on 02/04/11 you married your spouse in India 05/04/11. You submitted your application for an EEA family permit on 08/04/11. I have noted that you have submitted a joint tenancy agreement dated 02/10/10 and joint bank statements in support of your application however in view of your previous immigration history I am not satisfied that your marriage is not one of the convenience’’.

‘’You have applied for admission to the United Kingdom by virtue of European Community Law as the family member of a European Economic Area national who is exercising or wishes to exercise, rights of free movement under the Treaty of Rome in the United Kingdom.

I have refused your EEA family permit application on this occasion because I am not satisfied that you meet all the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006. This decision was made on the merits of this application and may be taken into consideration for any future UK visa or EEA family permit application that you make.

I have therefore refused your application because I am not satisfied, on the balance or probabilities, that you meet all of the requirements of the above paragraph(s) of the immigration Rules’’

I had submitted these documents below,

COMMON SUPPORTING DOCUMENTS
1. Completed signed application form
2. Passport
3. Passport size photos
4. Photo Copy of all documents submitted
5. Photo Copy of Passport
6. Marriage certificate
7. Copy of my Spouse Passport
8. Marriage photo album, old photos in the United Kingdom with my Wife, with step daughters and with friends.
9. Council tax bill during the years- 2010 and 2011
10. Main bank A/C statement that is joint account statement of me and spouse. Which have more than £4000
11. Rental agreement of the property in our names.

DOCUMENTS FROM THE SPONSOR(SPOUSE)
1. Letter from my Spouse(Sponsor)
2. Sponsors old wage slips
3. Sponsors Self Employed contract with client and invoices from the clients from her current job.
4. Letter from the current client company(employer)
5. Self employee UTR number information and National Insurance contributions information
6. Tax Calculation paper from HM Revenue & Customs.
7. Sponsors bank a/c statements and credit card statements.
8. Divorce Certificate from Ex-husband and the translation in English.
9. Daughter’s statement and passport copies.



DOCUMENTS FROM THE APPLICANT

1. Police report about house burglary
2. Employment offer letter from Double Crown Enterprises
3. Old job wage slips to prove my savings
4. Utility bills copy
5. Copy of the lost passport
6. Parents passport copies
7. Copy of bank Statements
8. Affidavit mentioning my assets and moneys
9. Land property deed in India and translation in English
10. Travelling information’s (flight tickets copy)

I am really disappointed with ECO decision. They r thinking, my marriage is one of convenience. How I can prove, it's not. we started our relationship 18 months before. I was submitted the cohabitation proof from May 2010. how they can get conclusion that my marriage is fraud?

[geriatrix]

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