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my EEA dependent spouse application from india

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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ajishcusat
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Posts: 7
Joined: Thu May 05, 2011 11:34 am
Location: uk

my EEA dependent spouse application from india

Post by ajishcusat » Thu May 05, 2011 12:35 pm

hi,
Im mr rajesh. I came in UK on 27th sep 2008 under student visa.i had completed my diploma in BM and when applied for student visa extension on 2009 dec for my PG diploma in BM my colleage was valid. But during the processing time, lost my colleage cirtification and eventually they rejected my extented visa application on july 2010.i had applied for appeal and appeal also rejected eventually on nov 2010..But i didn't receive ny letter to leave country.(story 1)
(story2)
mean time, i found my life partner on 2009 sep and we started to living together from 2010 feb. She is 10 years older than me and mother of 2 kids who have more than 14 years old.Im 30 and my spouse is 40 years old.She is lithuanian national(EEA) and we got all proof that is we living togethre since 2010 feb which is counsil tax, joint bank a/cs and photos..tentency agreement etc. Her kods also living with us and they are studying in school. we were palnned to marry together in 2010 august and this time we lost my passport, money and laptops and a lot of house hold items by an house burglary.we complainted in police and i hope, i can get back my passport. So become over stay until 2011 march with my partner and i had stop to work in UK when i finish my appeal. I have all payslips where i was working as part time and i was earning more than £800 after tax..My spouse also working as self emplyee and she is also earning more tha £1000 in a month.she is National Contribution and paying tax as well. She have UTR no from HM and Customes.she been in UK since 2009 sep.
unforyunately, I didn't get back my passport from police bz they couldn't find out after catch the theif and we decided to marry in India. I got new passport from indian embassy london and we came back to india. We married togethre in 5th april 2011 under registrar office in india and we got marriege certificate on 7th april 2011.
I applied for EEA dependent visa on 08th april 2011 in chennai embassy through cochin VFS. I am still waiting for my result.
I have submitted all original copies of
bank balance more than £4000 in our join a/c
her payslips
my previouse payslips
marriage certificate
marriage photos
spouse sponcership letter
my covering letter
My asset value in india more than £40000 with notary certified
her daughters NOC.
police report of UK police that i lost my passport in the house burglary.
my lost passport copies
new job offer from my previouse employer after i came back in uk
she returned to UK on 15th april..

still Im waiting for the result. Now Im scared, is there ny chance reject my visa bz of Im overstyed more than 5 months bz of I lost my passport?..
Please gimme valued reply asap
regards
a
rajesh mathew
india
Last edited by ajishcusat on Thu May 05, 2011 12:50 pm, edited 1 time in total.

ajishcusat
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Posts: 7
Joined: Thu May 05, 2011 11:34 am
Location: uk

Post by ajishcusat » Fri May 06, 2011 9:51 am

guyss...pls reply for my enquiry......

vinny
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Posts: 33204
Joined: Tue Sep 25, 2007 8:58 pm

Re: my EEA dependent spouse application from india

Post by vinny » Fri May 06, 2011 10:45 am

ajishcusat wrote:still Im waiting for the result. Now Im scared, is there ny chance reject my visa bz of Im overstyed more than 5 months bz of I lost my passport?..
No.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ajishcusat
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Posts: 7
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Location: uk

Post by ajishcusat » Fri May 06, 2011 11:59 am

thank you vinni...
im eagerly waiting for the result...bz we r in a deep relationship nd it's really hard to seperate each other...

ajishcusat
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Posts: 7
Joined: Thu May 05, 2011 11:34 am
Location: uk

Post by ajishcusat » Tue May 17, 2011 6:38 pm

i have got the processed application today and my application rejected for really stupid reason that i didn't mentioned directly in statement that why i overstayed in UK for 6 months..the refusal reason given 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 31/01/2010. On 28/12/09 you made an application to the Home office for further leave to remain as 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 inconvenience.
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 paragraphs of the immigration Rules"
Do I need to reapply or appeal?

amazighman
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Posts: 86
Joined: Mon Aug 10, 2009 10:15 pm

Post by amazighman » Wed May 18, 2011 12:59 am

hi man,

am not an expert of course, but applying straight ahead after marriage, and not having enough proofs showing ur relationship history, plus your immigration history, that makes everything complicated,

to reapply is good if you can add more evidences of your relationship

best wishes

Kitty
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Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Wed May 18, 2011 4:27 pm

ajishcusat, you can submit a new application or appeal.

You can try applying again: you should include not only the reasons why you overstayed, but also more evidence about your relationship with your wife.

The difficulty is that now doubt has been cast on the validity of your marriage, paper evidence may not be enough to get over the obstacle of your previous refusal.

An appeal will take much longer than reapplying, but as it will allow your wife to give evidence in person, it may well be worth it.

Can you supply more evidence of your relationship? (photos apart from wedding photos, letters, emails etc., statements from friends and family who have known you as a couple, evidence that you were living together before your appeal was refused etc.)

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Fri May 27, 2011 7:45 pm

ajishcusat wrote: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?
Life isn't fair, but you can be!

ajishcusat
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Posts: 7
Joined: Thu May 05, 2011 11:34 am
Location: uk

Post by ajishcusat » Wed Jun 29, 2011 6:43 pm

hi guys!!!

I had done the appeal. ECM overturned the decision within 3 days. Now I am in UK. In airport(LHR), the immigration officer asked too many questioons but endually they granted me to enter UK. this is the letter i had send to ECM for appeal in chennai embassy.
applied for eea family permit:08th april 2011
refused:16th may 2011
appealed:30th may 2011
decision overturned:03nd june 2011
got letter and send passport by vfs:13 june 2011
visa stambed:16th june
got back passport:20th june:
reached in uk:22nd june.

the appeal letter given below;
''
Mr. xxxxxxxxxx
Xxxxxxxxxxx
Xxxxxxx
xxxxxxxxxx




Visa Section
British Deputy High Commission
20 Anderson Road
Chennai
Pin: 600006

Dear Sir/Madam,

Refusal ref no: xxxxxxxxxx

I am writing with reference to your refusal of my recent application for an EEA Family permit. I would respectfully ask that you review the merits of my application in light of the following mitigating factors and observations.

The ECO has stated his key grounds for refusing my application to be dissatisfaction with my previous immigration history and belief that my marriage is one of convenience. Furthermore, the ECO suggests that my circumstances are such that I do not qualify for a permit to join my wife in the UK under the terms of the EEA family permit regulations:

The decision

“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 am dismayed that the ECO has taken this view, and find his assessment of my marriage to be hurtful, as well as ungrounded. Moreover, I am not convinced of the merits of the ECO’s decision to deny my EEA family permit.

My Immigration History

The six month delay between the rejection of my application for leave to remain and my voluntary departure were due to a set of circumstances beyond my control. Firstly, I did not receive notification that my appeal for leave to remain had been rejected. To date I have not taken delivery of any correspondence detailing that decision, I was under the impression that my appeal was still under appeal. Secondly, had I been aware of the decision I would not have been able to leave immediately. On 04/08/2010 my home was burgled and my documents stolen. As I referenced in my EEA family permit application, my passport, bank documents, bank card, cheque book, certificate and other personal effects were taken; in this situation I would not have been able to re-enter India. For reference the crime number for the burglary is xxxxxxxxxx.

Had I known that my appeal for leave to remain had been rejected; I would have been unable to leave the UK for the period of time it took the Indian embassy to provide a replacement passport. Indeed, from submitting my application on 23rd November 2010 it was not until 25th March 2011, some four months later, that the new passport was issued.

My Marriage

In making his assessment of the veracity of my marriage, the ECO appears to base his judgement on an assumption that we were co-habiting only from the time we entered into the joint tenancy agreement dated 02/10/2010. The ECO seems to be intimating that we began cohabiting in October, possibly as a result of the failed application for leave to remain that was rejected in September 2010. This is to overlook the fact, as stated above, that I had not received such notification, and moreover it is to ignore the fact we had had a prior joint tenancy agreement, and had lived together from February 2010. This was stated in the EEA application, and was supported by the fact we were jointly paying Council Tax bills from May 2010.

In reality I met, and entered into a serious relationship with my wife in September 2009. We began living together from 14th February 2010, at xxxxxxxxxxxxxxxxx. Indeed, our old joint bank account statements and car insurance documents confirm that we were cohabiting at that address. In 1st May 2010 we moved to another property, xxxxxxxxxxxxxxxxx, for which we also have shared documents, and a joint tenancy agreement dated when we renewed the contract for a further 12 months. Our relationship was very well established by October 2010, we had by this time made a serious commitment to one another and had also made attempts to start a family of our own. At this time we had, in effect, been living a stable cohabiting relationship for more than 7 months and had already begun to think about marriage.

Frankly I am disappointed with the view taken by the ECO, particularly given no attempt has been made interview my wife and details of our life together have been overlooked. I can understand why the ECO might view my marriage as one of convenience, but this is to ignore our relationship before October 2010 and to focus only on our determination to be together and our decision to marry in India in April 2011.

Application for EEA Family permits

I strongly contest the decision of ECO to deny my EEA family permit application. Not only does the ECO fail to provide details and specify how I fail to meet the requirements of the immigration rules, I believe he has not applied the law correctly.

As I understand it the legislation governing applications for EEA family permits is as follows:

( http://www.ukvisas.gov.uk/en/ecg/eunati ... milypermit ),

‘’Under EUN2.1 What is an EEA family permit?

An EEA family permit is a document similar to an entry clearance which has been given the name "EEA family permit" to distinguish it from a visa or entry clearance issued under the Immigration Rules. Instead, EEA family permits are issued under the Immigration (European Economic Area) Regulations 2006 and not the Immigration Rules. It is issued for six months in all cases and is free of charge.
The ‘expiry’ date on an EEA family permit does not formally represent an expiry of EEA family member ‘status’ in the UK. If the EEA national has not travelled to the UK within 6 months of the date of application, the EEA family permit would not be considered as valid.
As long as the non-EEA family member of an EEA national continues to meet the EEA Regulations they would not be considered as having ‘overstayed’ simply because the expiry date of their EEA family permit had passed.

Under EUN2.6 Who are an EEA national’s family members?;

The family members of an EEA national (part 7 of the EEA Regulations) include:
• spouses or civil partners...

Where the applicant can show that he/she is a family member of an EEA national, an ECO must issue an EEA family permit if the requirements for issuing a family permit.

Under EUN2.18 Can I invite an applicant in for interview?

The ECO can invite an applicant in for interview as long as any delay or deferral can be justified. The ECO should consider inviting an applicant for interview in the following circumstances:

The ECO suspect is;
• Strong grounds to suspect a marriage of convenience

Under EUN2.10 What if I suspect a marriage/civil partnership of convenience?

The definition of 'spouse' and 'civil partner' in the EEA Regulations does not include someone who has entered into a marriage/civil partnership of convenience.

When a marriage/civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant. Factors to consider include:
• an adverse immigration history;
• doubts about the validity of documentation;
• application follows soon after the marriage/civil partnership;
• no previous evidence of the relationship.
The ECO should not consider the following cases as marriages/civil partnerships of convenience where:
• there is a child of the relationship;
• there is evidence to suggest cohabitation.

‘’Cohabitation usually refers to an arrangement whereby two people decide to live together on a long term or permanent basis in an emotionally and/or sexually intimate relationship’' ‘’

Given the above statements of how the EU immigration rules are applied in the UK, as stated on the Visa authority’s website, I am neither convinced nor satisfied that my application has been handled appropriately.

Firstly, I have applied correctly for a permit to which I am entitled as the spouse of an EEA citizen. The rules state that as a member of an EEA family, the ECO must issue a permit; this has not happened owing to what appears to be the ECO’s belief that my marriage is one of convenience.

Secondly, in situations where the ECO believes a marriage is one of convenience the burden of proof lies with the ECO. The ECO has offered no direct evidence to prove that my marriage is one of convenience. Moreover, the ECO has not taken into account details of cohabitation that my wife and I provided for period from February 2010. This evidence included joint bank statements, council tax bills and a tenancy agreement albeit from October 2010, again I have provided these documents for your reference. In spite of evidence to the contrary, and without choosing to interview my wife and I, the ECO has arbitrarily decided that our marriage is bogus and withheld the permit on that basis.

In summary, it appears to me that the ECO who reviewed my case has failed to look at the full picture. By apparently focussing on my relationship with my wife from October 2010, and following the chronology forward to our subsequent marriage and application for a family visa in 8th April 2011, the ECO has readily constructed a picture of deception. Linking this to the fact that I did not leave the UK immediately upon the rejection of my application for leave to remain seems to build in the ECO’s mind a text book case of a marriage of convenience. However, in reality this is a one sided and myopic view of the facts, one that ignores the true length of our relationship, our cohabitation at two separate properties. It also overlooks the emotional connection we share that cannot be adequately captured on paper. Not only that, it fails to acknowledge that I did not receive notification that my application for leave to remain had been declined, nor that I could not have left at that time as my Indian passport had been stolen during a burglary.

I would ask that you review my application and take into account all of the supporting evidence, particularly those details that show that I was cohabiting with my future wife from February 2010. In order to facilitate this review I have provided the following documentation:

1. NOTICE OF IMMIGRATION DECISION (REFUSAL OF ENTRY CLEARNCE)

2. LIST OF FURTHER DOCUMENTS

2.1. Copy of Full Crime Report of crime no: JH/32417/2010 issued in 1st November 2010

2.2. Copy of the action took against the people who involved in house burglary.

2.3. Photos from the beginning of stable cohabiting relationship and honeymoon photos from India after marriage from September 2009 to April 2011.

2.4. The facebook public links with photos of our stable relationships from the beginnings.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

2.5. Copy of council tax from May of 2010 and new Council tax from May 2011

2.6. Copy of Notice of Intended Marriage under Special marriage act, 1954 (43 of 1954) in 02nd February of 2011.

2.7. Phone calls records between me and my spouse from February 2010
2.8. Print copy of our car insurance policy in February 2010

2.9. Copy of my a/c statements in Barclays bank from February 2010 at old address

2.10. Copy of my spouse a/c statements in HCBS bank from February 2010 old address

2.11. Copy of joint bank statement in HSBC in march 2010 at old address

2.12 Copies of joint a/c statement in HCBS bank from September 2010 to March 2011 at new address (note: Joint bank statement from HSBC between April 2010 to August 2010 was lost in house burglary)

2.13. Renewal copy of tenancy agreement from Oct 2010

2.14. Copy of water bill from July 2010 to Feb 2011 on both names.

2.14. Print copy of chat on Skype between me in India and my spouse in UK

2.16. Copy of supporting letter from RICHARD FULLER MP


Note: I haven’t received the IFFT-2 form and guidance leaflet with the refusal letter. So I have downloaded it and filled.

Reference:

Department of Welfare,
http://www.welfare.ie/EN/OperationalGui ... habit.aspx

Guidance is based on the Immigration (European Economic Area) Regulations 2006 and the Free Movement of Persons Directive 2004/38/EC
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

EEA Family Permits Guidance from UKBA website
http://www.ukvisas.gov.uk/en/ecg/eunati ... milypermit



If you need any further information, please contact me or my wife xxxxxxxxxxxxxx



Yours truly,


I hope this will help everybody. Now I am facing next step. What I have to do for EEA2/5 years resident permit. I am getting difficulty for the job searching bz i have only 6 months visa..
ajishcusat

joshuaaubin
Junior Member
Posts: 89
Joined: Fri Aug 12, 2011 2:49 pm
Location: london
Contact:

Post by joshuaaubin » Sat Aug 13, 2011 9:54 pm

ajishcusat wrote:hi guys!!!

I had done the appeal. ECM overturned the decision within 3 days. Now I am in UK. In airport(LHR), the immigration officer asked too many questioons but endually they granted me to enter UK. this is the letter i had send to ECM for appeal in chennai embassy.
applied for eea family permit:08th april 2011
refused:16th may 2011
appealed:30th may 2011
decision overturned:03nd june 2011
got letter and send passport by vfs:13 june 2011
visa stambed:16th june
got back passport:20th june:
reached in uk:22nd june.

the appeal letter given below;
''
Mr. xxxxxxxxxx
Xxxxxxxxxxx
Xxxxxxx
xxxxxxxxxx




Visa Section
British Deputy High Commission
20 Anderson Road
Chennai
Pin: 600006

Dear Sir/Madam,

Refusal ref no: xxxxxxxxxx

I am writing with reference to your refusal of my recent application for an EEA Family permit. I would respectfully ask that you review the merits of my application in light of the following mitigating factors and observations.

The ECO has stated his key grounds for refusing my application to be dissatisfaction with my previous immigration history and belief that my marriage is one of convenience. Furthermore, the ECO suggests that my circumstances are such that I do not qualify for a permit to join my wife in the UK under the terms of the EEA family permit regulations:

The decision

“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 am dismayed that the ECO has taken this view, and find his assessment of my marriage to be hurtful, as well as ungrounded. Moreover, I am not convinced of the merits of the ECO’s decision to deny my EEA family permit.

My Immigration History

The six month delay between the rejection of my application for leave to remain and my voluntary departure were due to a set of circumstances beyond my control. Firstly, I did not receive notification that my appeal for leave to remain had been rejected. To date I have not taken delivery of any correspondence detailing that decision, I was under the impression that my appeal was still under appeal. Secondly, had I been aware of the decision I would not have been able to leave immediately. On 04/08/2010 my home was burgled and my documents stolen. As I referenced in my EEA family permit application, my passport, bank documents, bank card, cheque book, certificate and other personal effects were taken; in this situation I would not have been able to re-enter India. For reference the crime number for the burglary is xxxxxxxxxx.

Had I known that my appeal for leave to remain had been rejected; I would have been unable to leave the UK for the period of time it took the Indian embassy to provide a replacement passport. Indeed, from submitting my application on 23rd November 2010 it was not until 25th March 2011, some four months later, that the new passport was issued.

My Marriage

In making his assessment of the veracity of my marriage, the ECO appears to base his judgement on an assumption that we were co-habiting only from the time we entered into the joint tenancy agreement dated 02/10/2010. The ECO seems to be intimating that we began cohabiting in October, possibly as a result of the failed application for leave to remain that was rejected in September 2010. This is to overlook the fact, as stated above, that I had not received such notification, and moreover it is to ignore the fact we had had a prior joint tenancy agreement, and had lived together from February 2010. This was stated in the EEA application, and was supported by the fact we were jointly paying Council Tax bills from May 2010.

In reality I met, and entered into a serious relationship with my wife in September 2009. We began living together from 14th February 2010, at xxxxxxxxxxxxxxxxx. Indeed, our old joint bank account statements and car insurance documents confirm that we were cohabiting at that address. In 1st May 2010 we moved to another property, xxxxxxxxxxxxxxxxx, for which we also have shared documents, and a joint tenancy agreement dated when we renewed the contract for a further 12 months. Our relationship was very well established by October 2010, we had by this time made a serious commitment to one another and had also made attempts to start a family of our own. At this time we had, in effect, been living a stable cohabiting relationship for more than 7 months and had already begun to think about marriage.

Frankly I am disappointed with the view taken by the ECO, particularly given no attempt has been made interview my wife and details of our life together have been overlooked. I can understand why the ECO might view my marriage as one of convenience, but this is to ignore our relationship before October 2010 and to focus only on our determination to be together and our decision to marry in India in April 2011.

Application for EEA Family permits

I strongly contest the decision of ECO to deny my EEA family permit application. Not only does the ECO fail to provide details and specify how I fail to meet the requirements of the immigration rules, I believe he has not applied the law correctly.

As I understand it the legislation governing applications for EEA family permits is as follows:

( http://www.ukvisas.gov.uk/en/ecg/eunati ... milypermit ),

‘’Under EUN2.1 What is an EEA family permit?

An EEA family permit is a document similar to an entry clearance which has been given the name "EEA family permit" to distinguish it from a visa or entry clearance issued under the Immigration Rules. Instead, EEA family permits are issued under the Immigration (European Economic Area) Regulations 2006 and not the Immigration Rules. It is issued for six months in all cases and is free of charge.
The ‘expiry’ date on an EEA family permit does not formally represent an expiry of EEA family member ‘status’ in the UK. If the EEA national has not travelled to the UK within 6 months of the date of application, the EEA family permit would not be considered as valid.
As long as the non-EEA family member of an EEA national continues to meet the EEA Regulations they would not be considered as having ‘overstayed’ simply because the expiry date of their EEA family permit had passed.

Under EUN2.6 Who are an EEA national’s family members?;

The family members of an EEA national (part 7 of the EEA Regulations) include:
• spouses or civil partners...

Where the applicant can show that he/she is a family member of an EEA national, an ECO must issue an EEA family permit if the requirements for issuing a family permit.

Under EUN2.18 Can I invite an applicant in for interview?

The ECO can invite an applicant in for interview as long as any delay or deferral can be justified. The ECO should consider inviting an applicant for interview in the following circumstances:

The ECO suspect is;
• Strong grounds to suspect a marriage of convenience

Under EUN2.10 What if I suspect a marriage/civil partnership of convenience?

The definition of 'spouse' and 'civil partner' in the EEA Regulations does not include someone who has entered into a marriage/civil partnership of convenience.

When a marriage/civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant. Factors to consider include:
• an adverse immigration history;
• doubts about the validity of documentation;
• application follows soon after the marriage/civil partnership;
• no previous evidence of the relationship.
The ECO should not consider the following cases as marriages/civil partnerships of convenience where:
• there is a child of the relationship;
• there is evidence to suggest cohabitation.

‘’Cohabitation usually refers to an arrangement whereby two people decide to live together on a long term or permanent basis in an emotionally and/or sexually intimate relationship’' ‘’

Given the above statements of how the EU immigration rules are applied in the UK, as stated on the Visa authority’s website, I am neither convinced nor satisfied that my application has been handled appropriately.

Firstly, I have applied correctly for a permit to which I am entitled as the spouse of an EEA citizen. The rules state that as a member of an EEA family, the ECO must issue a permit; this has not happened owing to what appears to be the ECO’s belief that my marriage is one of convenience.

Secondly, in situations where the ECO believes a marriage is one of convenience the burden of proof lies with the ECO. The ECO has offered no direct evidence to prove that my marriage is one of convenience. Moreover, the ECO has not taken into account details of cohabitation that my wife and I provided for period from February 2010. This evidence included joint bank statements, council tax bills and a tenancy agreement albeit from October 2010, again I have provided these documents for your reference. In spite of evidence to the contrary, and without choosing to interview my wife and I, the ECO has arbitrarily decided that our marriage is bogus and withheld the permit on that basis.

In summary, it appears to me that the ECO who reviewed my case has failed to look at the full picture. By apparently focussing on my relationship with my wife from October 2010, and following the chronology forward to our subsequent marriage and application for a family visa in 8th April 2011, the ECO has readily constructed a picture of deception. Linking this to the fact that I did not leave the UK immediately upon the rejection of my application for leave to remain seems to build in the ECO’s mind a text book case of a marriage of convenience. However, in reality this is a one sided and myopic view of the facts, one that ignores the true length of our relationship, our cohabitation at two separate properties. It also overlooks the emotional connection we share that cannot be adequately captured on paper. Not only that, it fails to acknowledge that I did not receive notification that my application for leave to remain had been declined, nor that I could not have left at that time as my Indian passport had been stolen during a burglary.

I would ask that you review my application and take into account all of the supporting evidence, particularly those details that show that I was cohabiting with my future wife from February 2010. In order to facilitate this review I have provided the following documentation:

1. NOTICE OF IMMIGRATION DECISION (REFUSAL OF ENTRY CLEARNCE)

2. LIST OF FURTHER DOCUMENTS

2.1. Copy of Full Crime Report of crime no: JH/32417/2010 issued in 1st November 2010

2.2. Copy of the action took against the people who involved in house burglary.

2.3. Photos from the beginning of stable cohabiting relationship and honeymoon photos from India after marriage from September 2009 to April 2011.

2.4. The facebook public links with photos of our stable relationships from the beginnings.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

2.5. Copy of council tax from May of 2010 and new Council tax from May 2011

2.6. Copy of Notice of Intended Marriage under Special marriage act, 1954 (43 of 1954) in 02nd February of 2011.

2.7. Phone calls records between me and my spouse from February 2010
2.8. Print copy of our car insurance policy in February 2010

2.9. Copy of my a/c statements in Barclays bank from February 2010 at old address

2.10. Copy of my spouse a/c statements in HCBS bank from February 2010 old address

2.11. Copy of joint bank statement in HSBC in march 2010 at old address

2.12 Copies of joint a/c statement in HCBS bank from September 2010 to March 2011 at new address (note: Joint bank statement from HSBC between April 2010 to August 2010 was lost in house burglary)

2.13. Renewal copy of tenancy agreement from Oct 2010

2.14. Copy of water bill from July 2010 to Feb 2011 on both names.

2.14. Print copy of chat on Skype between me in India and my spouse in UK

2.16. Copy of supporting letter from RICHARD FULLER MP


Note: I haven’t received the IFFT-2 form and guidance leaflet with the refusal letter. So I have downloaded it and filled.

Reference:

Department of Welfare,
http://www.welfare.ie/EN/OperationalGui ... habit.aspx

Guidance is based on the Immigration (European Economic Area) Regulations 2006 and the Free Movement of Persons Directive 2004/38/EC
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

EEA Family Permits Guidance from UKBA website
http://www.ukvisas.gov.uk/en/ecg/eunati ... milypermit



If you need any further information, please contact me or my wife xxxxxxxxxxxxxx



Yours truly,


I hope this will help everybody. Now I am facing next step. What I have to do for EEA2/5 years resident permit. I am getting difficulty for the job searching bz i have only 6 months visa..
ajishcusat
This is pretty interesting, i hope this same way goes with a residence card, i have been living with mywife for more than 1 year before i apply for a residence card and married for 5months before applying for the residence card and have been together for more than 2yrs and they came back refused and said it may be marriage of convinience when my marriage certificate state both are living in the same address. and many other document even from home office to me was to the same address.
I wonder what kind of people are working there? now it is a sin to get married or find love, if you are not married they are ready to take you away from the person you love and even if you are married they still want to do the same, how can we satisfy them. Kathy Price married to Alex reid, they did not last a year it wasnt a marriage of convinience but if both are from different country, it will be marriage of convininece.

imraniqbal2010
Member of Standing
Posts: 490
Joined: Sat Jun 04, 2011 11:13 am

Post by imraniqbal2010 » Sun Aug 14, 2011 10:13 am

joshuaaubin wrote:
ajishcusat wrote:hi guys!!!

I had done the appeal. ECM overturned the decision within 3 days. Now I am in UK. In airport(LHR), the immigration officer asked too many questioons but endually they granted me to enter UK. this is the letter i had send to ECM for appeal in chennai embassy.
applied for eea family permit:08th april 2011
refused:16th may 2011
appealed:30th may 2011
decision overturned:03nd june 2011
got letter and send passport by vfs:13 june 2011
visa stambed:16th june
got back passport:20th june:
reached in uk:22nd june.

the appeal letter given below;
''
Mr. xxxxxxxxxx
Xxxxxxxxxxx
Xxxxxxx
xxxxxxxxxx




Visa Section
British Deputy High Commission
20 Anderson Road
Chennai
Pin: 600006

Dear Sir/Madam,

Refusal ref no: xxxxxxxxxx

I am writing with reference to your refusal of my recent application for an EEA Family permit. I would respectfully ask that you review the merits of my application in light of the following mitigating factors and observations.

The ECO has stated his key grounds for refusing my application to be dissatisfaction with my previous immigration history and belief that my marriage is one of convenience. Furthermore, the ECO suggests that my circumstances are such that I do not qualify for a permit to join my wife in the UK under the terms of the EEA family permit regulations:

The decision

“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 am dismayed that the ECO has taken this view, and find his assessment of my marriage to be hurtful, as well as ungrounded. Moreover, I am not convinced of the merits of the ECO’s decision to deny my EEA family permit.

My Immigration History

The six month delay between the rejection of my application for leave to remain and my voluntary departure were due to a set of circumstances beyond my control. Firstly, I did not receive notification that my appeal for leave to remain had been rejected. To date I have not taken delivery of any correspondence detailing that decision, I was under the impression that my appeal was still under appeal. Secondly, had I been aware of the decision I would not have been able to leave immediately. On 04/08/2010 my home was burgled and my documents stolen. As I referenced in my EEA family permit application, my passport, bank documents, bank card, cheque book, certificate and other personal effects were taken; in this situation I would not have been able to re-enter India. For reference the crime number for the burglary is xxxxxxxxxx.

Had I known that my appeal for leave to remain had been rejected; I would have been unable to leave the UK for the period of time it took the Indian embassy to provide a replacement passport. Indeed, from submitting my application on 23rd November 2010 it was not until 25th March 2011, some four months later, that the new passport was issued.

My Marriage

In making his assessment of the veracity of my marriage, the ECO appears to base his judgement on an assumption that we were co-habiting only from the time we entered into the joint tenancy agreement dated 02/10/2010. The ECO seems to be intimating that we began cohabiting in October, possibly as a result of the failed application for leave to remain that was rejected in September 2010. This is to overlook the fact, as stated above, that I had not received such notification, and moreover it is to ignore the fact we had had a prior joint tenancy agreement, and had lived together from February 2010. This was stated in the EEA application, and was supported by the fact we were jointly paying Council Tax bills from May 2010.

In reality I met, and entered into a serious relationship with my wife in September 2009. We began living together from 14th February 2010, at xxxxxxxxxxxxxxxxx. Indeed, our old joint bank account statements and car insurance documents confirm that we were cohabiting at that address. In 1st May 2010 we moved to another property, xxxxxxxxxxxxxxxxx, for which we also have shared documents, and a joint tenancy agreement dated when we renewed the contract for a further 12 months. Our relationship was very well established by October 2010, we had by this time made a serious commitment to one another and had also made attempts to start a family of our own. At this time we had, in effect, been living a stable cohabiting relationship for more than 7 months and had already begun to think about marriage.

Frankly I am disappointed with the view taken by the ECO, particularly given no attempt has been made interview my wife and details of our life together have been overlooked. I can understand why the ECO might view my marriage as one of convenience, but this is to ignore our relationship before October 2010 and to focus only on our determination to be together and our decision to marry in India in April 2011.

Application for EEA Family permits

I strongly contest the decision of ECO to deny my EEA family permit application. Not only does the ECO fail to provide details and specify how I fail to meet the requirements of the immigration rules, I believe he has not applied the law correctly.

As I understand it the legislation governing applications for EEA family permits is as follows:

( http://www.ukvisas.gov.uk/en/ecg/eunati ... milypermit ),

‘’Under EUN2.1 What is an EEA family permit?

An EEA family permit is a document similar to an entry clearance which has been given the name "EEA family permit" to distinguish it from a visa or entry clearance issued under the Immigration Rules. Instead, EEA family permits are issued under the Immigration (European Economic Area) Regulations 2006 and not the Immigration Rules. It is issued for six months in all cases and is free of charge.
The ‘expiry’ date on an EEA family permit does not formally represent an expiry of EEA family member ‘status’ in the UK. If the EEA national has not travelled to the UK within 6 months of the date of application, the EEA family permit would not be considered as valid.
As long as the non-EEA family member of an EEA national continues to meet the EEA Regulations they would not be considered as having ‘overstayed’ simply because the expiry date of their EEA family permit had passed.

Under EUN2.6 Who are an EEA national’s family members?;

The family members of an EEA national (part 7 of the EEA Regulations) include:
• spouses or civil partners...

Where the applicant can show that he/she is a family member of an EEA national, an ECO must issue an EEA family permit if the requirements for issuing a family permit.

Under EUN2.18 Can I invite an applicant in for interview?

The ECO can invite an applicant in for interview as long as any delay or deferral can be justified. The ECO should consider inviting an applicant for interview in the following circumstances:

The ECO suspect is;
• Strong grounds to suspect a marriage of convenience

Under EUN2.10 What if I suspect a marriage/civil partnership of convenience?

The definition of 'spouse' and 'civil partner' in the EEA Regulations does not include someone who has entered into a marriage/civil partnership of convenience.

When a marriage/civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant. Factors to consider include:
• an adverse immigration history;
• doubts about the validity of documentation;
• application follows soon after the marriage/civil partnership;
• no previous evidence of the relationship.
The ECO should not consider the following cases as marriages/civil partnerships of convenience where:
• there is a child of the relationship;
• there is evidence to suggest cohabitation.

‘’Cohabitation usually refers to an arrangement whereby two people decide to live together on a long term or permanent basis in an emotionally and/or sexually intimate relationship’' ‘’

Given the above statements of how the EU immigration rules are applied in the UK, as stated on the Visa authority’s website, I am neither convinced nor satisfied that my application has been handled appropriately.

Firstly, I have applied correctly for a permit to which I am entitled as the spouse of an EEA citizen. The rules state that as a member of an EEA family, the ECO must issue a permit; this has not happened owing to what appears to be the ECO’s belief that my marriage is one of convenience.

Secondly, in situations where the ECO believes a marriage is one of convenience the burden of proof lies with the ECO. The ECO has offered no direct evidence to prove that my marriage is one of convenience. Moreover, the ECO has not taken into account details of cohabitation that my wife and I provided for period from February 2010. This evidence included joint bank statements, council tax bills and a tenancy agreement albeit from October 2010, again I have provided these documents for your reference. In spite of evidence to the contrary, and without choosing to interview my wife and I, the ECO has arbitrarily decided that our marriage is bogus and withheld the permit on that basis.

In summary, it appears to me that the ECO who reviewed my case has failed to look at the full picture. By apparently focussing on my relationship with my wife from October 2010, and following the chronology forward to our subsequent marriage and application for a family visa in 8th April 2011, the ECO has readily constructed a picture of deception. Linking this to the fact that I did not leave the UK immediately upon the rejection of my application for leave to remain seems to build in the ECO’s mind a text book case of a marriage of convenience. However, in reality this is a one sided and myopic view of the facts, one that ignores the true length of our relationship, our cohabitation at two separate properties. It also overlooks the emotional connection we share that cannot be adequately captured on paper. Not only that, it fails to acknowledge that I did not receive notification that my application for leave to remain had been declined, nor that I could not have left at that time as my Indian passport had been stolen during a burglary.

I would ask that you review my application and take into account all of the supporting evidence, particularly those details that show that I was cohabiting with my future wife from February 2010. In order to facilitate this review I have provided the following documentation:

1. NOTICE OF IMMIGRATION DECISION (REFUSAL OF ENTRY CLEARNCE)

2. LIST OF FURTHER DOCUMENTS

2.1. Copy of Full Crime Report of crime no: JH/32417/2010 issued in 1st November 2010

2.2. Copy of the action took against the people who involved in house burglary.

2.3. Photos from the beginning of stable cohabiting relationship and honeymoon photos from India after marriage from September 2009 to April 2011.

2.4. The facebook public links with photos of our stable relationships from the beginnings.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

2.5. Copy of council tax from May of 2010 and new Council tax from May 2011

2.6. Copy of Notice of Intended Marriage under Special marriage act, 1954 (43 of 1954) in 02nd February of 2011.

2.7. Phone calls records between me and my spouse from February 2010
2.8. Print copy of our car insurance policy in February 2010

2.9. Copy of my a/c statements in Barclays bank from February 2010 at old address

2.10. Copy of my spouse a/c statements in HCBS bank from February 2010 old address

2.11. Copy of joint bank statement in HSBC in march 2010 at old address

2.12 Copies of joint a/c statement in HCBS bank from September 2010 to March 2011 at new address (note: Joint bank statement from HSBC between April 2010 to August 2010 was lost in house burglary)

2.13. Renewal copy of tenancy agreement from Oct 2010

2.14. Copy of water bill from July 2010 to Feb 2011 on both names.

2.14. Print copy of chat on Skype between me in India and my spouse in UK

2.16. Copy of supporting letter from RICHARD FULLER MP


Note: I haven’t received the IFFT-2 form and guidance leaflet with the refusal letter. So I have downloaded it and filled.

Reference:

Department of Welfare,
http://www.welfare.ie/EN/OperationalGui ... habit.aspx

Guidance is based on the Immigration (European Economic Area) Regulations 2006 and the Free Movement of Persons Directive 2004/38/EC
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

EEA Family Permits Guidance from UKBA website
http://www.ukvisas.gov.uk/en/ecg/eunati ... milypermit



If you need any further information, please contact me or my wife xxxxxxxxxxxxxx



Yours truly,


I hope this will help everybody. Now I am facing next step. What I have to do for EEA2/5 years resident permit. I am getting difficulty for the job searching bz i have only 6 months visa..
ajishcusat
This is pretty interesting, i hope this same way goes with a residence card, i have been living with mywife for more than 1 year before i apply for a residence card and married for 5months before applying for the residence card and have been together for more than 2yrs and they came back refused and said it may be marriage of convinience when my marriage certificate state both are living in the same address. and many other document even from home office to me was to the same address.
I wonder what kind of people are working there? now it is a sin to get married or find love, if you are not married they are ready to take you away from the person you love and even if you are married they still want to do the same, how can we satisfy them. Kathy Price married to Alex reid, they did not last a year it wasnt a marriage of convinience but if both are from different country, it will be marriage of convininece.



You have to admit that there are bad apples which make the case worse even for genuine couples as well.
Last edited by imraniqbal2010 on Wed Aug 31, 2011 2:16 pm, edited 2 times in total.

joshuaaubin
Junior Member
Posts: 89
Joined: Fri Aug 12, 2011 2:49 pm
Location: london
Contact:

Post by joshuaaubin » Sun Aug 14, 2011 2:12 pm

No matter the situation you cannot just find a wife on the street and marry her even though your visa is running out. Only a paid marriage is possible for that which HO will eventually know it is a sham, anyone that get married is with the consent of the spouse even if ur visa is valid or running out or expired, you cannot just find a wife or husband on the street and get married without the pre plan of both parties on a genuine marriage. If your ur eea spouse knows if you voluntery go back to do it from ur country, coming back is not guarantee and dont want to loose the relationship, the eea will do all possible best to make you stay. This is the truth and the fact in all eea and non eea relationship. If a non eea beleive his own residency is more better than the other non eea, why not take your spouse to your non eea country? Instead of applying for residence, visa valid or expired or not, all are the same when it come to applying for residence in europe.t to make you stay. This is the truth and the fact in all eea and non eea relationship. If a non eea beleive his own residency is more better than the other non eea, why not take your spouse to your non eea country? Instead of applying for residence, visa valid or expired or not, all are the same when it come to applying for residence in europe.

imraniqbal2010
Member of Standing
Posts: 490
Joined: Sat Jun 04, 2011 11:13 am

Post by imraniqbal2010 » Sun Aug 14, 2011 2:25 pm

[quote="joshuaaubin"]No matter the situation you cannot just find a wife on the street and marry her even though your visa is running out. Only a paid marriage is possible for that which HO will eventually know it is a sham, anyone that get married is with the consent of the spouse even if ur visa is valid or running out or expired, you cannot just find a wife or husband on the street and get married without the pre plan of both parties on a genuine marriage. If your ur eea spouse knows if you voluntery go back to do it from ur country, coming back is not guarantee and dont want to loose the relationship, the eea will do all possible best to make you stay. This is the truth and the fact in all eea and non eea relationship. If a non eea beleive his own residency is more better than the other non eea, why not take your spouse to your non eea country? Instead of applying for residence, visa valid or expired or not, all are the same when it come to applying for residence in europe.t to make you stay. This is the truth and the fact in all eea and non eea relationship. If a non eea beleive his own residency is more better than the other non eea, why not take your spouse to your non eea country? Instead of applying for residence, visa valid or expired or not, all are the same when it come to applying for residence in europe.[/quote]


You know very well that paid marriages are very common,Especially when man is younger than woman ten years or more,Normally it does not happen in non-eea countries.which put a question mark there.
Last edited by imraniqbal2010 on Wed Aug 31, 2011 2:18 pm, edited 1 time in total.

joshuaaubin
Junior Member
Posts: 89
Joined: Fri Aug 12, 2011 2:49 pm
Location: london
Contact:

Post by joshuaaubin » Sun Aug 14, 2011 3:22 pm

Most of the paid marriage are between young ones, a woman that marries a man she is older upto 10yrs is called Koga, she want her toy boy and she will go any extend to have him with her, that is not a sham marriage and that is why getting married does not give citizenship, there are process, 2yrs, 5yrs, 10yrs ILR before citizen is gain, this process are staggies to detect a sham marriages. I think forum is not for HO support but for help for those that the system want to cheat, any non eea that Judge here is nothing but an arrogant Git who think he is invisible but chose not to live in his non eea country but looking for residence through an eea spouse not on his own standing.ntry but looking for residence through an eea spouse not on his own standing.

imraniqbal2010
Member of Standing
Posts: 490
Joined: Sat Jun 04, 2011 11:13 am

Post by imraniqbal2010 » Sun Aug 14, 2011 4:12 pm

joshuaaubin wrote:Most of the paid marriage are between young ones, a woman that marries a man she is older upto 10yrs is called Koga, she want her toy boy and she will go any extend to have him with her, that is not a sham marriage and that is why getting married does not give citizenship, there are process, 2yrs, 5yrs, 10yrs ILR before citizen is gain, this process are staggies to detect a sham marriages. I think forum is not for HO support but for help for those that the system want to cheat, any non eea that Judge here is nothing but an arrogant Git who think he is invisible but chose not to live in his non eea country but looking for residence through an eea spouse not on his own standing.ntry but looking for residence through an eea spouse not on his own standing.


I m not judge and i dont blame you that u did the marriage of convenince,
But there are people who do it And make it worse for real people as well.
.

joshuaaubin
Junior Member
Posts: 89
Joined: Fri Aug 12, 2011 2:49 pm
Location: london
Contact:

Post by joshuaaubin » Sun Aug 14, 2011 8:10 pm

imraniqbal2010 wrote:
I m not judge and i dont blame you that u did the marriage of convenince,
But there are people who do it And make it worse for real people as well.
Your marriage too is a marriage of convinience, why are you afraid on your wedding day that the Home Office will visit you, if you are real why dont you take your wife to the country were you came from and do the wedding there so that your perent can bless it and even take her to live with you in the country you come from?
How do you know you are real? It is left for the Tribuner to say a marriage is a marriage of convinience not the Home office that is why if a decision is base on that authomatic triger a right of appeal. Watch your mouth an stop Judging here. Decision of HO is not final but the court. So much for real marriage when you are afraid HO will visit you on your day of your wedding. If for HO they are ready not to grant anyone residence but thanks to the almighty law that is why you here, e residence but thanks to the almighty law that is why you here,

imraniqbal2010
Member of Standing
Posts: 490
Joined: Sat Jun 04, 2011 11:13 am

Post by imraniqbal2010 » Sun Aug 14, 2011 9:06 pm

joshuaaubin wrote:
imraniqbal2010 wrote:
I m not judge and i dont blame you that u did the marriage of convenince,
But there are people who do it And make it worse for real people as well.
Your marriage too is a marriage of convinience, why are you afraid on your wedding day that the Home Office will visit you, if you are real why dont you take your wife to the country were you came from and do the wedding there so that your perent can bless it and even take her to live with you in the country you come from?
How do you know you are real? It is left for the Tribuner to say a marriage is a marriage of convinience not the Home office that is why if a decision is base on that authomatic triger a right of appeal. Watch your mouth an marriage when you are almighty law that is why you here, e residence but thanks to the almighty law that is why you here,

Sorry buddy,I was not illegal like you.I got Tier 1 general by my own.And why i applied for eea2 is just because i dont need to apply visa when we r going to my inlaws.
.

imraniqbal2010
Member of Standing
Posts: 490
Joined: Sat Jun 04, 2011 11:13 am

Post by imraniqbal2010 » Sun Aug 14, 2011 9:11 pm

joshuaaubin wrote:
imraniqbal2010 wrote:
I m not judge and i dont blame you that u did the marriage of convenince,
But there are people who do it And make it worse for real people as well.
Your marriage too is a marriage of convinience, why are you afraid on your wedding day that the Home Office will visit you, if you are real why dont you take your wife to the country were you came from and do the wedding there so that your perent can bless it and even take her to live with you in the country you come from?
How do you know you are real? It is left for the Tribuner to say a marriage is a marriage of convinience not the Home office that is why if a decision is base on that authomatic triger a right of appeal. Watch your mouth an stop Judging here. Decision of HO is not final but the court. So mumarriage when you are afraid HO will visit you on your day of are ready not to grant anyone residence but thanks to the almighty law that is why you hebut thanks to the almighty law that is why you here,

So better if you stop looking at other people and concentrate on your problem.and dont think abt everyone that they r in the same boat as are u.
.

joshuaaubin
Junior Member
Posts: 89
Joined: Fri Aug 12, 2011 2:49 pm
Location: london
Contact:

Post by joshuaaubin » Sun Aug 14, 2011 11:27 pm

imraniqbal2010 wrote:
joshuaaubin wrote:
imraniqbal2010 wrote:
I m not judge and i dont blame you that u did the marriage of convenince,
But there are people who do it And make it worse for real people as well.
Your marriage too is a marriage of convinience, why are you afraid on your wedding day that the Home Office will visit you, if you are real why dont you take your wife to the country were you came from and do the wedding there so that your perent can bless it and even take her to live with you in the country you come from?
How do you know you are real? It is left for the Tribuner to say a marriage is a marriage of convinience not the Home office that is why if a decision is base on that authomatic triger a right of appeal. Watch your mouth an stop Judging here. Decision of HO is not final but the court. So mumarriage when you are afraid HO will visit you on your day of are ready not to grant anyone residence but thanks to the almighty law that is why you hebut thanks to the almighty law that is why you here,

So better if you stop looking at other people and concentrate on your problem.and dont think abt everyone that they r in the same boat as are u.
What boat are you in? Are you now a citizen here? as far as I know I don’t have problem as the law will always be by my side even if the HO not, my new babygirl is on it way to this world and am not asking for a leave to remain but my right which everyone one here are looking, coming to this forum is to seek help from notable people with personal experience so that you will be cheated of your right by the system. Don’t be a Judge if you don’t have an answer. The Respectable Indian man that posted here was refused and appeal to the court and he is here right now in UK, if he had met someone like you, he would have been disappointed. Stop playing Holy here.

ajishcusat
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hey

Post by ajishcusat » Sat Aug 27, 2011 11:43 pm

y you fighting guys?... I was sure that I could get eea permit from india. But when they rejected my visa, I was really disappointed bz of they misunderstood that our marriage is sham. If we are doing sham marriage, I can do it UK, or in her country.we are always going to anglian church and priest was ready to conduct our marriage. but my friends and family everybody in india and that's y we decided to go in india and marry. we planning to go in my wife country as well and conduct our wedding party there. When I read the eea forum I wish to give some information to the guys and if it help them, I would be happy.
So take an extra care when you doing eea family permit alone without having a proper solicitor or get a advise from proper people.

joshuaaubin
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Post by joshuaaubin » Mon Aug 29, 2011 8:44 pm

Thanks for your reply and post, he was trying to play holy here when he did not have the balls to take his wife back to his home country and wed, he talk about illegal, i came to the country with a valid visa and never expire before i mistakingly made that claim even though i was already living with my present wife when i made the claim on a valid visa from a wrong advicer. Well your post would have been a very goood help to people here likewise me. I just wish people dont come here claiming to be judge if they dont have any assistance, good people here have really made this forum helpful with good advice and i always thank them for that. We all know the HO is no friend to any non eea even an eea, they are train to seperate family, depot that is why on their case work guidiance it is only refuser wordings advice they gave to case worker, mostly teaching them how to refuse and depot people even if they have good human right. Thanks to many court case that have refuses to err to them.

imraniqbal2010
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Joined: Sat Jun 04, 2011 11:13 am

Post by imraniqbal2010 » Mon Aug 29, 2011 8:50 pm

Smell of burning.......hehehe

imraniqbal2010
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Post by imraniqbal2010 » Mon Aug 29, 2011 8:52 pm

I got eea2,you still struggling.....

Hope your marriage will last longer...........
Last edited by imraniqbal2010 on Tue Aug 30, 2011 4:41 am, edited 1 time in total.

joshuaaubin
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Post by joshuaaubin » Tue Aug 30, 2011 2:42 am

Was right, that was your main objective, internally for your splendid marriage, are you no more visiting your inlaws? i hope that was the game???

I will be here to celebrate mine very soon and it is on a permanent residence.

imraniqbal2010
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Post by imraniqbal2010 » Tue Aug 30, 2011 4:28 am

jealously:P

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