Appeal? EEA member Partnership visa rejected

[kk2012]

Hello,

Can someone give me advise, please???
I am a EEA citizen and applied for a EEA family member/ civil partnership visa (partner is in UK). The application was rejected, with the option to make an appeal - my question is: do we need to make this appeal? Or, could we also do nothing about this and just submit another application?

Thank you so much for your help.

[Lucapooka]

If the islamic marriage was made in the UK, unless supervised by the registrar in an approved mosque, is not recognised by the UK. So as far as the UKBA are concerned your married can't be used as the basis of your application. That itself is not a problem if you are have been living in a durable relationship for at least two years but you say you have lived together for only one year. So, there it is: you don't qualify as a married or unmarried couple. You could marry in a UK civil ceremony, or any other legal marriage ceremony outside the UK and then apply again, or wait until you have been living together for two years.

[kk2012]

Thanks a lot. I don't know whether the place had that kind of official status, I suppose not since it has not been accepted.

We are thinking to have a UK civil wedding. But if we do not appeal now, what happens from the side of the authorities? Would they just let some time pass by and is there not a risk that he has to leave the country (without having a visa status)? Is it no problem to just wait the time till we can submit an application as married couple, or could there be a problem?

[Lucapooka]

There is no point appealing if, as you have confirmed, the marriage is not recognised and, really, you would know if the mosque was registered so it's clear that it wasn't. If you want to marry in the UK your partner will have to apply for a fiancee settlement visa under UK rules (and meeting all of the requirements for that visa) and then, after the marriage, can remain in the UK under EU/EEA rules. EU/EEA rules don't recognise fiancees so it will have to be that way or a legal marriage outside the UK and then another EEA Permit application.

[kk2012]

I am wondering whether this will not be a problem for my partner, i.e. will UKBA not take some action, since the visa is rejected?

[Lucapooka]

Don't worry. Lots of people make inappropriate applications due a lack of knowledge of the rules and are then refused. As long as the next application meets the requirements for its category this refusal will not matter.

[kk2012]

many thanks. you have opened up a completely new line of action, two questions: is it possible to apply for the fiancee visa, as you suggested, from within the UK?
and, is it really necessary to go through that step first, or also to just marry in a civil ceremony and submit a EEA marriage visa application?

[Lucapooka]

You don't need a fiancee visa if you partner is in the UK (and thanks for clarifying that). In this case all you need to do is marry in the UK and then apply for a residence card.

[kk2012]

phew, good at least that!
I hope this may be my last two questions: 1., would it be possible to appeal to this and during that time submit another application, i.e. then with a civil ceremony certificate?
2., worst-case scenario thinking: what happens if an appeal is rejected at court? or does one afterwards still have the option to submit another application?

[86ti]

EEA rights derive from facts and not documents. As soon as you are married and provided the marriage is genuine you are a family member and thus covered by EEA regulations whether you have some piece of paper documenting that fact or not.