mastermind72 wrote:ok, as confirmed today via our solicitor after speaking to a Senior Immigration Officer at the 210 Old Street Immigration centre.
My non-EU spouse, with our EEA2 application outstanding, should not have been issued the reporting restrictions, and should not have been even issued with a removal liability letter, while the application is on progress.
The SIO said that this was the mistake of the IO who actually served us with the letters.
And also something else: the absence of the EU sponsor on a trip abroad, etc has nothing to do with whether your wedding is valid or not. This is totally unrelated; so long as you are married, there is no problem, the burden of proof for a sham mariage lies with UKBA not you.
They have just lost the plot completely now that the Certificate of Approval is finished, and they are exceeding their powers to make people feel threatend - do not bow to such attitude.
I have been following this post, all i know is the Home Office are just trying to be awkward, they sound unprofessional regarding that, but they believe this may bring out a sham marriage if there is any, but it is not with accordance with the law.
Extenuating circumstances
53.4 Marriage to an EEA national
Marriage to an EEA national who is exercising Community rights gives a family member, such as a spouse, the same rights to live and work in the United Kingdom as the EEA national. This right to residence exists as a right; it is not necessary to hold a residence permit to prove this right.
in contrary:
A non-EEA spouse who is party to a marriage of convenience has no right to be treated as a family member. A marriage of convenience is a sham marriage undertaken solely for immigration purposes. The couple have no intention from the outset of the marriage of living together as man and wife in a settled and genuine relationship. It is not enough to say that the couple are not living together at any given time; it must be proved that they never lived or intended to live together.
But:
The right to residency should not be confused with leave to enter or remain. Residency is an automatic right upon marriage to an EEA national.
The court know this and the court know the procedure Home Office must use when trying to know if a marriage is sham. Apart from this, they are just been awkward to people because they want people to think they are working, if people start taking them to court and they start spending Tax payers money then they will know what they are doing is not under EU Law.
