EEA Family Permit refused twice - marriage of convenience

waterlillies · Post by **waterlillies** » Wed Dec 21, 2011 2:45 pm

is it a normal criteria one time to refuse because there is "no evidence of your cohabitation" when there were many documents? and then the other time (with the same documents) the refusal sounds already as "photographs and documents are evidence and show that you have spent time together with EEA national and with both your and her friends and family but they do not demonstrate that the marriage you have entered into is based on the relatioship of substance".

how substance of relationship shall be demonstrated and what that is at all?

tina79 · Post by **tina79** » Wed Dec 21, 2011 2:58 pm

this was my question to the Consul when i spoke to her! i asked her what else they need to prove our relationship as we have given everything that by the law is asked.... my husband now got the schengen visa based on our marriage and funny but they did not asked anything only copy of my passport, our marriage certificate and 2 x passport photos. he has got the visa within 30min.

waterlillies · Post by **waterlillies** » Wed Dec 21, 2011 3:39 pm

well your refuse says there is little evidence. and they comment that the documents showing u have kept in contact are for one recent month only. i suppose to be stisfied they want to see more of this or other evidence of how often and in what way you kept in contact.

they also mention you visiting your husband there but having no evidence of this. i believe you should add evidence of your flights, hotel bookings, visas, etc all supported by corresponding photos (dated and shortly explained who is who and where is what) if possible.

however i now believe it does not guarantee u wont get the same unswer about "substance" of relationship

tina79 · Post by **tina79** » Wed Dec 21, 2011 3:43 pm

as an eea i should not attached thinks like flight tickets, hotel booking, ect.

the pictures were noted on the back side and explained when and where was it taken and who is who.
the main think they need is his divorce certificate. to be honest they did not send back the application after his first to say further document requested but they have asked him to attend again and asked the same question as at the first interview...

waterlillies · Post by **waterlillies** » Wed Dec 21, 2011 3:56 pm

as an eea you should not but eco now does not believe he is a family member of an eea (as without that evidence they have doubts about your relationship). if this is the only they need i would not be so stubborn not to give what they ask for

tina79 · Post by **tina79** » Wed Dec 21, 2011 4:09 pm

i understand an im not stubborn about this. as i said, they did not send back to us our documents to say more info required.....they only called my husband to come for the interview but they said no further information....

we will to do the application in January again and will provide them even our honeymoon hotel reservation and letter from friends how knows us to confirm our relationship....

Post by **Directive/2004/38/EC** » Wed Dec 21, 2011 4:18 pm

If you do not provide evidence that you are legally married (esp. old divorce certificate), then I suspect the UK will evaluate the relationship as if you are in a common law relationship.

Typically you will have needed to be living together for at least two years and provide evidence of continued and ongoing life together. This might include evidence that you have had joint bank accounts, or a house bought together, or have children together. In this case the more evidence the better.

tina79 · Post by **tina79** » Wed Dec 21, 2011 4:22 pm

we will give them all the docs so hope it will be enough.

waterlillies · Post by **waterlillies** » Thu May 10, 2012 6:58 am

Hi, the notice of hearing has been received in relation to the rejections of EEA FP discussed above and your advice and help is needed.

The notice asks for a witness statements of the evidence to be called at the hearing. Please advise what essential is about those witness statements and their impact factor at all. Is there any access to some samples of such statements on the Internet?

Plus they ask for a bundle of all documents to be relied on at the hearing. The notice also says that the Appellant must send copies of all the documents to the respondent. The address is given. This is understandable.

It says as well that the Respondent must send copies of all the documents to the Appellant - please explain who must send whom and what documents must be sent? Is that the Respondent (overseas visa center) who rejected EEA FP applications?

Thanks a lot!

PS: Tina, hope you both are well and your troubles are already forgotten?

Post by **Directive/2004/38/EC** » Thu May 10, 2012 7:45 am

You are going to have to ask simpler questions which people can answer based on their experience.

Are you asking where you should send additional documents to?

waterlillies · Post by **waterlillies** » Thu May 10, 2012 8:30 pm

Hi, thanks for your reply. Anyone has experience at hearings (first tier tribunal, entry clearance, EEA FP)?

Would really appreciate comments...

No I know where the documents shall be sent. I just wanted to make sure about the witness statements and who the witness in this case actually is. Whether it is an EEA national himself, who is in the UK and will be present at the hearing or that is anyone else who can witness and present/confirm the evidence at the hearing?

waterlillies · Post by **waterlillies** » Wed Jul 18, 2012 7:06 am

Hi all, just to update that the case has been resolved after 3 refusals and 1 court hearing now EEA FP is allowed. Entry visa shall be in applicants passport by now!

Good luck all!

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EEA Family Permit refused twice - marriage of convenience