ESC
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10. When Mr Hopkin opened his submissions for the Entry Clearance Officer, we indicated that we were very surprised at the refusal decision, which seemed to be based on a failure to understand the relevant principles of European Union law and the material parts of the determination in IS.
11. Mr Hopkin realistically acknowledged that the refusal of the entry clearance was indefensible on its facts, although he reserved the right to argue that a failure to produce relevant evidence could justify the refusal of an EEA application, and submitted IS was properly decided when it placed the burden of proof on the claimant.
Relax and enjoy the wait. And read carefully this very clearly written decision relevant to your case: http://www.immigrationboards.com/viewtopic.php?t=95864Laura721 wrote:Worrying! Can't wait to see what they tell us. When we apply for FP we will have been married for 1 day, but in a relationship for almost 11 years. I definately think they are going to reject ours thinking its a marriage of convenience.
This Judgement established that you should be given the opportunity to address any concerns the Secretary of State has about the genuine nature of your marriage.Laura721 wrote:Worrying! Can't wait to see what they tell us. When we apply for FP we will have been married for 1 day, but in a relationship for almost 11 years. I definately think they are going to reject ours thinking its a marriage of convenience.
Thank you, but the link seems to be to this same thread, is that the right one. Please resend if not!!Directive/2004/38/EC wrote:Relax and enjoy the wait. And read carefully this very clearly written decision relevant to your case: http://www.immigrationboards.com/viewtopic.php?t=95864Laura721 wrote:Worrying! Can't wait to see what they tell us. When we apply for FP we will have been married for 1 day, but in a relationship for almost 11 years. I definately think they are going to reject ours thinking its a marriage of convenience.
Obie, I guess the main query is - do I provide some evidence when we submit our passports, marriage certificate etc. Or do I mention it all in the cover letter only, wait for them to reject and appeal/re apply with documents from Spain that we are registered at same address for last 2 years, photos, plane tickets, etc.Obie wrote:This Judgement established that you should be given the opportunity to address any concerns the Secretary of State has about the genuine nature of your marriage.Laura721 wrote:Worrying! Can't wait to see what they tell us. When we apply for FP we will have been married for 1 day, but in a relationship for almost 11 years. I definately think they are going to reject ours thinking its a marriage of convenience.
In theory you will be required to provide evidence of your 11 years relationship.
If you are able to do so, and prove on a balance of probabilities that your marriage is genuine, then there is no reason why a refusal will stand.
While I'm not a mind reader, I suspect the ECO may have been expecting the application to look like what a spouse would have to submit under the immigration rules. They appear not to have understood EU case law or their internal guidance.Jambo wrote:I wonder what went through the ECO mind when he declared a 14 years marriage as marriage of convenience...
Laura721 wrote:Have you made your application or not? If not, explain your circumstances in a covering letter and you should be fine. If your marriage is genuine, you will have nothing to worry about. If the ECO has doubts, they need to express them. You would then be able to counter their arguments.Obie wrote:This Judgement established that you should be given the opportunity to address any concerns the Secretary of State has about the genuine nature of your marriage.Laura721 wrote:Worrying! Can't wait to see what they tell us. When we apply for FP we will have been married for 1 day, but in a relationship for almost 11 years. I definately think they are going to reject ours thinking its a marriage of convenience.
In theory you will be required to provide evidence of your 11 years relationship.
If you are able to do so, and prove on a balance of probabilities that your marriage is genuine, then there is no reason why a refusal will stand.
The essence of the case was that ECO cannot just say they think one has been party to a marriage of convenience without justification. If justifiable reasons are presented, then the applicant would be expected to provide evidence to the contrary.
Obie, I guess the main query is - do I provide some evidence when we submit our passports, marriage certificate etc. Or do I mention it all in the cover letter only, wait for them to reject and appeal/re apply with documents from Spain that we are registered at same address for last 2 years, photos, plane tickets, etc.
Our lease contract could only be between me and owner, though I have a letter from her confirming he has been living with me the whole time. I also have a letter from the Albanian Embassy in Madrid confirming this. All bills are in my name, they would not let me add him because he doesn't have residency here.
Did you note the point made about residence cards? Don't think it changes anything just now, but it appeared to suggest that residence cards could be used in lieu of visa - could it possibly have meant non-EU issued ones?Directive/2004/38/EC wrote:This is a very important case. It makes clear in UK law that UKBA can not reject EEA FP visa applications from married couples just because the did not include a whole lot of unneeded excess documentation. All that is needed, in most cases, is the marriage certificate
10. When Mr Hopkin opened his submissions for the Entry Clearance Officer, we indicated that we were very surprised at the refusal decision, which seemed to be based on a failure to understand the relevant principles of European Union law and the material parts of the determination in IS.
11. Mr Hopkin realistically acknowledged that the refusal of the entry clearance was indefensible on its facts, although he reserved the right to argue that a failure to produce relevant evidence could justify the refusal of an EEA application, and submitted IS was properly decided when it placed the burden of proof on the claimant.
Are they already in the UK and the RC has been issued? Or are you asking about a visa?irene_hamm wrote:Do anyone have a caselaw regarding a residence card were both spouse are in the uk? Can 2yrs evidence of coabitation in uk be use in the court if HO say marriage of convinience?
All i have read is about family permit what about the one of residence card or are both caselaw use for a residence card too?
This caselaw applies mutatis mutandis to Residence Card application also, as they are all EU documentation. The guidance cited in the judgement concerned the issue of residence documents.irene_hamm wrote:Do anyone have a caselaw regarding a residence card were both spouse are in the uk? Can 2yrs evidence of coabitation in uk be use in the court if HO say marriage of convinience?
All i have read is about family permit what about the one of residence card or are both caselaw use for a residence card too?
