eea application need help

sha_80 · Post by **sha_80** » Thu May 03, 2012 12:21 am

hi guys,need help please.
My wife is eu national and we have applied our resisdent documents in feb. My mrs and I working full time.
HO issued her registration certificate and refused my resident card application today.The reason they gave me does not making any sence to me at all.
1 .the documents we have provided are not sufficent enough to show that our marriege is genuine.
I did speak to HO on 3 times before submitting my applicationa and the documents they told me to submit were
1. my passport and my mrs id card
2.bank statements.
3.letter from employers.
4.utility bills
5.marriege certificate.
6.PAssport size photos.
2.second reason they gave me is as they didnt have sufficent evidence that our marrige is genuine they sent immigration officer to my address at my flat but the officer made a report that he/she couldnot get the building(not even flat).

3 third reason was they checked with dvla and they couldnot find any record of my mrs. at all.
I know my mrs has got driving licence and is registered to her old address and yes we do accept that that was out fault we should have changed the address (we did try one but dvla kepther licence for 3 months and returnd the farm with rufusal).

now HO kept my passport but gave right to appeal.
my question is how serious that is and how that is our fault when we just follwed the HO guidlines and their adivse from adviser or how that is our fault when the officer couldnot get access to my building?

would be very happy to have any help .
thanks.

Post by **Jambo** » Thu May 03, 2012 12:44 am

How long have you been married? What was your immigration status before you got married?

If you just recently got married and were illegal in the country before, there are higher chances the HO would suspect the marriage and investigated.

If it is genuine, you don't need to worry. Your are still legal if you are married. The HO just refused to confirm that. They will not deport you tomorrow. You can either appeal or just make a new application addressing the issues they raised in their letter.

sha_80 · Post by **sha_80** » Thu May 03, 2012 12:49 am

thanks for the reply .

i was on psw when i applied and no i m not illegal at all. we got married in registry office after interview and they checked all documents as well.
we got married in september last year.
i just cant understand the reasoning and it is frustrating because i was going for higher position in my company and ia m totally stuck now.

Post by **Jambo** » Thu May 03, 2012 1:30 am

Why are you stuck? Not having the RC should not block you to apply for a higher position.

How quickly could you get an appeal? It might be quicker to re-apply. In both cases, you should address the issues the HO raised. Explain why you believe they are wrong.

If they claim the marriage is not genuine, they need to prove it, not just try to prove it. From your description, they don't have strong evidence to claim the marriage is not genuine.

sha_80 · Post by **sha_80** » Thu May 03, 2012 1:43 am

thanks for reply.
because my company is waiting for the decision aparently that is companys policy to have proper documents.

yeah i am thinking to go for appeal and will take it from there.
as for as marrige is concern .
the registery office checked all my documnets and her's and they allowed us to get married.
if they saying the marrige is not genuine then they should challenge registery office as well.dont you think?

sha_80 · Post by **sha_80** » Thu May 03, 2012 1:51 am

just want to ask do i need to submit more documents to prove my marrieg is geniune?
and why the kept my passport?

thanks.

Post by **Jambo** » Thu May 03, 2012 7:18 am

It is common practice by the HO to keep the passport if you current visa is expired / about to expire and they don't think you have the right to live in the UK any more.

The Registry office just checks the documents, they don't check the relationship. The HO is the one which checks to see if this is a marriage for immigration purposes.

Is your employer also raising difficulties in maintaining your current post or is it only preventing you from applying for a new one?

Would it be possible for you to copy the text of the letter from the HO. I'm interested to read what exactly they wrote.

sha_80 · Post by **sha_80** » Thu May 03, 2012 10:03 am

Thanks for the reply .
As soon as I will get home I will copy that txt for you.
Here I will disagree with you with respect because when HO
closed that COA scheme last year I did speak to them then and
The HO adviser said to me that we have given authority to the registry
Office to check if the marriage is genuine or not .
They said if registery office thinks it is not genuine then according to the rules
They should informe us .
When I applied I got that latter from HO saying I can work and can take new employment .I did apply for new job and they turned me down in interview all because my application is still in process and they refused to accept that employment letter from HO.
At my current job I haven't spoken to anyone yet because I just received my documents yesterday and I am still kinda in shock tbh but I will speak to the
Lawyer first and then will inform my company .looks like I am going to loose my job tbh .

Post by **Jambo** » Thu May 03, 2012 10:41 am

What you do mean by "informing the company"? You still have a right to work and the HO did not say you are not allowed to.

If you lose your job, you would have a case for unfair dismissal. I don't think you will get to that stage.

What do you mean by "speak to the lawyer"? Did you use a lawyer for the application or is it a lawyer in your company? Is he an immigration lawyer?

Jay_jay886 · Post by **Jay_jay886** » Thu May 03, 2012 11:07 am

I thought a marriage certificate was sufficient proof to confirm the relationship.

Did you submit joint bills/bank statements?

I'm not sure but I think the issue here maybe that the HO are not convinced you're co-habiting.

sha_80 · Post by **sha_80** » Thu May 03, 2012 11:22 am

thanks for the reply .

HO gave me right to appeal but on the same time thy said i havent got right to live in uk, so i am not sure what i should say to me employers.
my company accepted the employment letter and its valid till august.
this decision have stoped everything ,my mrs is so woried as well because she has got son who is currently living with her grand parents back home (that is long story) and we were planing to bring him here permanently.
i am seeing an immigration solicitors today and discus the case with them later on.

sha_80 · Post by **sha_80** » Thu May 03, 2012 11:32 am

thanks for the reply jay .

that is my point 'the marriage certificate should be enough'.
no we didnt all because i was told by HO adviser its not necessory to submit joint bank statemet and bills.

the thing that is bugging me big time is i have submitted my application according to the HO guidlines and advise from their advisors but still they not satisfied .
yes i made mistake i should have gone through soliciter .

Jay_jay886 · Post by **Jay_jay886** » Thu May 03, 2012 1:28 pm

It's a bit odd having a straight refusal on your application.

I believe what the HO usually do is to return your application and ask for further evidence.

I am a bit surprised they sent an immigration officer to check on you though. maybe you should get some utility bills in joint names as proof of co-habitation?

Post by **Jambo** » Thu May 03, 2012 2:16 pm

Jay_jay886 wrote: as proof of co-habitation?

There is no requirement for co-habitation for married couples. This might raise a question if the relationship is genuine but the HO needs to prove that claim and not living together is not a proof.

sha_80 · Post by **sha_80** » Thu May 03, 2012 2:42 pm

Thanks for reply guys. I really appreciate .
I was 100 % sure this is very simple case intact I explain
Everything to one of the HO adviser and she said your case is straight
Farward .
As is says in decision that they sent officers few time but they could not
Get access to the building .funny thing is pizza boy ,church people even
Leaflet distributers deliver on my door .
I would have been more thn happy to have them in my flat to put my application on fast track because loads of things are on hold ATM .
I still can not understand what happened tbh .
And I am sorry I m still not home yet . As soon as I am gona be at home I will put that text on here to view .

Jay_jay886 · Post by **Jay_jay886** » Thu May 03, 2012 3:56 pm

This case needs a bit more clarification. How were you really expected to prove if the relationship was genuine

When you say you submitted utility bills and bank statements to HO, in what names and addresses were the documents? Your name or your wife's? and did you give any indication of living seperately maybe multiple addresses on the application?

Please give us more specifics so we can join heads and identify what is the most likely issue.

Maybe you should correct the address with the DVLA. it can be done easily online

sha_80 · Post by **sha_80** » Thu May 03, 2012 8:56 pm

sorry guys its been really long day and i do appriciate your concern.
i have spoken to soliciter and they said its just typical of HO.

i have been told by the soliciter that is hould have sent photographs of us two together and some cards and some letters to show them that we are in healthy relationship , which unfortunatly i didnt send to them.
still i could not understand that if we lived together why do we need to send letters ,emails.

all documents were on my and my mrs names and at my address.

what more clarification do they need?

i do apalogise for not putting the decision on here .i have given all documnets to the soliciter.

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eea application need help

eea application need help