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EEA Family Permit refused twice - marriage of convenience

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

keffers
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Post by keffers » Fri Dec 09, 2011 2:25 pm

tina79 wrote:
My friend met her husband on internet, meet up 3x times, after 6 month they got married. My other friend has has wife from Dominica, meet up 3 times, after 8month got married, my brother met his wife in March next year in August they got married....and guess what...all of them are happily living together over 3-5years...but i know people who r in UK married for visa and living separate since the day got married....so how is this work??!!! :?
Unfortunately, those who abuse the very generous rights afforded by the EU directives ultimately spoil it for some genuine applicants.

Perhaps you should report those people you know to have lied and cheated. It will highlight your predicament and demonstrate your honesty, helpfulness and integrity.

tina79
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Post by tina79 » Fri Dec 09, 2011 2:34 pm

well, after today's decision by DC...i think everything will change for the eea family permit applicants....that's why they refused lately so many applications...

Punjab
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Post by Punjab » Fri Dec 09, 2011 2:57 pm

tina79 wrote:

my husband english is very good as he used to live in IRL. he can write and speak perfectly. but they were questioning him about the online application as well in fact they asked him if he does understand english or he needs translation after 15min conversation....


no disrespect tina I am in the UK since 2005 and I do work with Police and Health Area some times people dont understand me. Its nothing bad but sometimes there are people with different accsent or speed they speak etc.. similar ways sometimes i cant understand some British accents ( Liverppol/lake district/bklackpool/selby etc )

Punjab
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Post by Punjab » Fri Dec 09, 2011 3:02 pm

do you mind to answer qwhats the age difference between you guys? it might be a factor

tina79
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Post by tina79 » Fri Dec 09, 2011 3:26 pm

i know what you mean. i have customers who are here more then 10years and dont speak English or dont understand. but is to blame them! as they are lazy and the fact that they know they can go away with it bc where ever they go they have translators!

is only 2 years different.

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Post by Greenie » Fri Dec 09, 2011 3:42 pm

tina79 wrote:well, after today's decision by DC...i think everything will change for the eea family permit applicants....that's why they refused lately so many applications...
the UK hasn't left the EU! Just vetoed an agreement on fiscal union! your refusal has nothing to do with David Cameron! They are not discussing treaty rights and free movememt of people in these discussions - they are discussing how to save the Euro.

tina79
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Post by tina79 » Fri Dec 09, 2011 3:48 pm

yes, i know this....but unfortunately at the moment it is effect the applications as well as we are not the only ones who has rejected....and seems that from all over the world the UK embassies reject all the applications....for eea family members....how strange?!

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Post by waterlillies » Fri Dec 09, 2011 3:50 pm

Punjab wrote:do you mind to answer qwhats the age difference between you guys? it might be a factor
If in my friend's case so yes it is the only factor as the age difference is 27 years. BUT they do live and have lived together for 2 years and they intend to do such in their futures. BESIDES they have had more than enough documents to prove that they have lived together before and after the marriage. Whereas a man is 27 years senior it is ok. Whereas a woman - it is a marriage of convenience...

However, ECO acknowledges there were documents proving cohabitation now but as she does not see any substance of marriage she refuses the appl again. What a substance of marriage is then at all? Having children? M? What children can people of the same sex have?? ECOs shall treat couples of the same sex per the same rules as couples of opposite sex.

What a substance of marriage to ECO/UKBA is at all???

Gosh.. I am so relieved that my hubby and I applied years ago. Otherwise visa centre in his country of application would still remember me..... :twisted:

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Post by Greenie » Fri Dec 09, 2011 3:51 pm

tina79 wrote:yes, i know this....but unfortunately at the moment it is effect the applications as well as we are not the only ones who has rejected....and seems that from all over the world the UK embassies reject all the applications....for eea family members....how strange?!
the meeting of EU leaders has absolutely nothing to do with why your family permit, and others have been rejected, it really is that simple. Focus on addressing the reasons for refusal in an appeal rather than trying to find unrelated reasons.

tina79
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Post by tina79 » Fri Dec 09, 2011 4:02 pm

green, after his 1st interview they issued the visa for him and they said, he will receive his passport within 3 days...4 days later phone call for another interview asking the same questions like they did before and top of it, they were so rude to him and they keep saying to him "your girlfried". my husband keep correcting them to say " my wife".

so , no u tell me...how can they revoke the visa???!!!

Punjab
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Post by Punjab » Fri Dec 09, 2011 4:09 pm

in my case i got married in the UK but my wife is from Hungary when we applied it was just a marrige visa from budapest. the gentlean asked us do we have some proof that we will marry in the UK means emails from marrige office like date etc.. i told him no i didnt know any other documents but please feel free to check. we had no job in the uk then and i had £1500 with me from family support back home etc
and we were told to collect our visa after 4 hours..
it was straight forward.. they did check our dob but we never provide any proof of us being living toghether before marrige or how we met or any msn chats or anything...
The reason why they are cancelling these days as there are so many sham marriges going on and its affecting genuine applicants like yourself.

if you can gather all your documents starting from the first day you met includeing train tickets etc and make it as a proper file and then submit they might think it...

yoi guys are much better than those people who enter this country illeagly..

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Post by Greenie » Fri Dec 09, 2011 4:15 pm

tina79 wrote:green, after his 1st interview they issued the visa for him and they said, he will receive his passport within 3 days...4 days later phone call for another interview asking the same questions like they did before and top of it, they were so rude to him and they keep saying to him "your girlfried". my husband keep correcting them to say " my wife".

so , no u tell me...how can they revoke the visa???!!!
i am not saying it is fair, I am just saying that is has nothing to do with the EU summit!

tina79
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Post by tina79 » Fri Dec 09, 2011 4:36 pm

Punjabi, believe me we have given them everything....and by EU law they cannot even ask such a docs like, pay slip, hotel confirmation booking, fly tickets, ect....as both of us working in a very fast business we use phones none stop. we do not have time to chat... occupationally we speak on skype but i cannot record our conversation..in fact u should not given out msn chat either.

we will apply again during xmas and will see. but this time i will attached all the eu regulation related to eea family permit with a strong letter.

but the funny thing is,that we were thinking that he will travel with me back as by the eu law a none eea wife/husband can travel with eea....and if you have proof that ur married, they migration officer at the airport should not have any issue and can give entrance stamp in his/her passport...mmm, wonder what would they do, if we would try this route....why they let u in based on your marriage certificate and proof of address for the eea.....and when u apply through embassy there is a big fuss...

Punjab
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Post by Punjab » Fri Dec 09, 2011 4:48 pm

tina there was a case in this forum where a family member of eu/eea national reached calais and the immigration officer over there has to admitt him and they stamp his pasport.

have a look there


and which country are you in now and your partner? whats your nationality and whats your case do youw ork job seeker etc

have you tried soveit??

http://ec.europa.eu/solvit/

tina79
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Post by tina79 » Fri Dec 09, 2011 4:59 pm

im from SVK and live in UK over 7years. never was on benefit, always worked, professional,manager position.

i have emailed to everybody. but no answer yet.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Dec 15, 2011 6:03 pm

tina79 wrote:i have emailed to everybody. but no answer yet.
Who exactly have you emailed?

tina79
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Post by tina79 » Thu Dec 15, 2011 7:53 pm

i have emaild to the court in Cork, to IRL embassy in Ankara.....

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Post by Greenie » Fri Dec 16, 2011 10:20 am

why are you emailing the a court in Cork and the Irish embassy in Ankara about a decision made by the British embassy to refuse your husband an EEA permit?

tina79
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Post by tina79 » Fri Dec 16, 2011 10:31 am

i emaild to the them to get the divorce paper....

tina79
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Post by tina79 » Wed Dec 21, 2011 12:17 pm

hello

finally i got the letter of the refusal from my husband and this is what is says:

there is very little evidence of your relationship in support of your application. I have noted that you have provided some phone bills as evidence of contact, however there only cover the month of August which was immediately prior to your application. Whilst you have stated that your wife has visited you in Turkey 6 times since you met, there is no evidence of this with your application. I am not satisfied that you are the family member of an EEA national in accordance with Regulation 7 of the Immigration (EEA) Regulation 2006.
therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (EEA) regulation 2006.

we have provided pictures since we met. unfortunately my phone bill came too late so i could only provide with august one.

no i had asked my provider to send me the break down since we met. If i understand we do not need to provide hotel bills, air ticets ect.....

or am i wrong?

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Post by Directive/2004/38/EC » Wed Dec 21, 2011 1:54 pm

tina79 wrote:there is very little evidence of your relationship in support of your application. I have noted that you have provided some phone bills as evidence of contact, however there only cover the month of August which was immediately prior to your application. Whilst you have stated that your wife has visited you in Turkey 6 times since you met, there is no evidence of this with your application. I am not satisfied that you are the family member of an EEA national in accordance with Regulation 7 of the Immigration (EEA) Regulation 2006.
therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (EEA) regulation 2006.
So they have said nothing to suggest you are not currently married?

tina79
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Post by tina79 » Wed Dec 21, 2011 2:29 pm

they told my husband, that they dont believe he married me from love. Of course they will not put down, instead of they put that we have not provided enough evidence of our relationship and that we have not attached his divorce paper.

as i said, we have provided phothos before and after our marrige, our wedding photos as well. but we do not chat or eamil as we prefer to speak on the phone. my phone bills came too late to send him over.

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Post by Directive/2004/38/EC » Wed Dec 21, 2011 2:31 pm

Can you please type in exactly what they said about the divorce paper.

tina79
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Post by tina79 » Wed Dec 21, 2011 2:31 pm

no,. they did not say anything about it.

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Post by Directive/2004/38/EC » Wed Dec 21, 2011 2:33 pm

tina79 wrote:they told my husband, that they dont believe he married me from love. Of course they will not put down, instead of they put that we have not provided enough evidence of our relationship and that we have not attached his divorce paper.
So did they say something about his divorce paper or not?

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