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EEA family permit entry clearance REFUSED

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

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ulver
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Joined: Sun Jan 15, 2012 1:00 pm
Location: Manchester

EEA family permit entry clearance REFUSED

Post by ulver » Fri Jan 20, 2012 9:51 pm

Hello Everybody

I will try to make long story short.

I am Polish living currently in UK and my husband is an Algerian. We have known each other since 2006.
In November 2011 we applied for EEA family permit entry clearance visa (VAF5 form) and the visa was refused.

Below you can see the reasons of refusal:

http://up12.up-images.com/up/viewimages/0339b9f957.png

We agree that I’ve never been in Algeria, however as it is not a tourist country and due to cultural circumstances I’ve never even consider such a trip.
In fact we met 3 times altogether in Tunisia as neither of us needs a visa.
First time we met in Tunisia in January 2008, second time in Jun 2010, last time was in Oct2011 and we got married.
We attached to visa application all our proves like: hotels reservations, flying tickets, we were not able to provide all skype history because that time we even didn’t know we will get married one day however post cards and handwriting letters are dated on 2006; from 2007 we submitted hundreds of emails and chat history from gmail, skype history since 2010, my husband’s call’s records.
Also formal documents like: marriage certificate, contracts from our jobs, covering letters from our jobs, property renting contract, pay slips, bank statements, bills,

I am surprised how it was happened that entry clearance officer did not take it under consideration.

We are going to applying for the second time, however this time we are trying to make our visa application as good as possible and few questions came to this point.

When we first met I was during the separation period with my ex husband (2006-2010) and the divorce had a place in 2010 and also child custody, that is why we were not able to start our life together.
We did not submit divorce certificate in our visa application and did not explain the situation but now I think it is necessary. In 2 weeks I am going to Algeria to meet with my husband his family and my polish friend living over there and we will make another visa application together adding this divorce certificate, covering letters from families and friends and some new evidences on our genuine relation.
I guess the best solution would be to use a lawyer to represent us however at the moment we are not financially able to.

My questions are:

1) Would it be good to write in our second visa application the explanation how long my divorce was and that I am rising my child alone and I am self-sufficient, full time working?
However as a single parent I am really struggle with money and I do not want to burden any public funds, as we both with my husband are educated and able to rise our family for our own. In fact my husband supported me financially all this years, however we are both young and we do not have any kind of savings or help.

2) In refusal paper entry clearance officer wrote about this Algeria, so is it possible to be refused for the second time for any other reason which was not pointing in first refusal? If so, what it can be…… yes, I know EVERYTHING, but are there any other common reasons?

We would be very grateful for any of suggestions.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Jan 20, 2012 10:17 pm

Was any marriage interview offered as per their procedure? I suspect not from your post.

EUsmileWEallsmile
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Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Fri Jan 20, 2012 10:21 pm

I'm not sure where the 2006 comes into things...

I would suggest that you re-apply (you'll need to mention the first refusal). Explain exactly how you met, your circumstances at the time (separated, etc); what motivated you to get married, where you might live after marriage etc. If you have evidence that you were meeting over a longer period of time that should help your case. Your evidence needs to be consistent and logical.

ulver
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Posts: 4
Joined: Sun Jan 15, 2012 1:00 pm
Location: Manchester

Post by ulver » Fri Jan 20, 2012 10:45 pm

EUsmileWEallsmile wrote:Was any marriage interview offered as per their procedure? I suspect not from your post.
Not at all! That's a good point!

We will ask for marriage interview, it would help us a lot.
EUsmileWEallsmile wrote: If you have evidence that you were meeting over a longer period of time that should help your case. Your evidence needs to be consistent and logical.
True, once again logical and clear.

THX a lot EUsmileWEallsmile

Dz.man
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Post by Dz.man » Sat Jan 21, 2012 7:03 pm

Will be Allright this time dont worry ;)

ulver
Newly Registered
Posts: 4
Joined: Sun Jan 15, 2012 1:00 pm
Location: Manchester

Post by ulver » Sat Jan 21, 2012 8:32 pm

EUsmileWEallsmile wrote:Was any marriage interview offered as per their procedure? I suspect not from your post.
I am just thinking how to ask about this marriage interview?
Can we do it in covering letter or does it have to be some formal way?

Best regards EUsmileWEallsmile :P

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