EEA Family Permit Refusal

[Wodie]

Well a couple a days ago my wife gave me a call and informed me that her EEA Family Permit has been refused, and im really pissed of dont know what to do.

Here is the letter she recieved:

You have applied for admission to the United Kingdom by virtue of European Community Law as the family member of a European Economic Area national who is exercising, or wished to exercise right of free movement under the Treaty of Rome in The United Kingdom.

The Decision:

Member States are entitled to be satisified that you are in a genuine relationship with the EEA national. A genuine relationship extends beyond a valid marriage certificate and can reasonably be taken to refer to on that is subsisting.

The evidence before me indicated that you and the EEA national have lived separate lives since marriage in September, 2011.
The EEA national has according to you visa application form, freely been exercising his treaty right in the UK since 2010.

You have not travelled to the UK, according to you application form and there is no information before me to show you have maintained contact, for example.

Your supporting documentation does not allow me to conclude that your marriage with the EEA national is, and has been, one of substance, including before marriage in 2011. Importantly the EEA national has not been deterred from exercising his treaty rights.

The definition of 'spouse' in the Immigration (European Economic Area) Regulations 2006 does not include a party to a marriage pf convenience. A marriage of convenience can be taked to refer to
one that does not have subsctane. For this reason I am not satisfied you have a claim to admission under Regulation 7 of the Immigration (EEA) Regulations 2006.

I 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 (Eorpean Economin Area) Regulations 2006.

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For example: You have not travelled to the UK, according to you application form and there is no information before me to show you have maintained contact.

How can the ECO say that, i mean my wife is from Kosovo, and cant travel to EU countries without a VISA. So that just doesnt make any sense.

Since we married in September 2011, i have maintained contact every single day with her through Skype calls, MSN live video chats, and regular phone calls aswell.

And she submitted all documents when she applied, such as Marriage Ceritificate, Birth certificate, my passport scan, my payslips, my proof of adress, family members nameds, birthdates, lots of other document, all in original format, no copies.

The only reason she isnt with me in the UK at the moment, is that she cant travel with me without a VISA, the ECO should know that.

And since we got married, i have been working very hard to support her, and paying all bills on time, i now work around 60 hours per week,
shes living in Kosovo, and im a Swedish national living in the UK.

This is a genuine marriage, and im never been married before, have no criminal record either.

I need advice from you guys what is there now to do, should my wife Appeal against this decision or Reapply again?
And what do you think about this decision, what went wrong?

I have more evidence if needed to, like my wedding DVDs with more than 300 guests invited which cost me about £8000 pounds.
Sent documents to Swedish Migration Board (Migrationsverket), and they changed my marital status from single to Married after 2 weeks only, after they checked that all my documents where in order.

The main purpose i moved to the UK is that i got a great job, and i really enjoy life here.

Looking forward to your reply!

Thanks

[Jambo]

An appeal can take moths. Reapply providing evidence the marriage is genuine (phone calls records, photos etc). I would add a cover letter addressing issues raised in the refusal.

[Wodie]

An appeal can take moths. Reapply providing evidence the marriage is genuine (phone calls records, photos etc). I would add a cover letter addressing issues raised in the refusal.

Thanks for your reply Jambo.

So should my wife send our wedding DVDs this tim?
I have lots of wedding pictures as well, chat logs, phone messages, and some other stuff.

[CoolGirl1984]

An appeal can take moths. Reapply providing evidence the marriage is genuine (phone calls records, photos etc). I would add a cover letter addressing issues raised in the refusal.

Thanks for your reply Jambo.

So should my wife send our wedding DVDs this tim?
I have lots of wedding pictures as well, chat logs, phone messages, and some other stuff.

We haven't received the EEA2 yet, but we have attached photo album with circa 70 pictures, detailed phone bills - I even highlighted the number of my partner dialled many times, done the same with his bills, e-mails between each other, e-mails between me and may partner's mum, letters from friends and family, receipts of buying tv and other stuff together (paid by both debit cards half-half), etc....

[Jambo]

An appeal can take moths. Reapply providing evidence the marriage is genuine (phone calls records, photos etc). I would add a cover letter addressing issues raised in the refusal.

Thanks for your reply Jambo.

So should my wife send our wedding DVDs this tim?
I have lots of wedding pictures as well, chat logs, phone messages, and some other stuff.

I think the DVD is not needed but photos from the wedding & the two of you together, call records, airline tickets (if you travelled to see her) and anything that will show that the claim made by the ECO is wrong.

[Wodie]

Thanks for your reply, i hope everything goes well the second time, i will now send twice as much information and documents, so hopefully it wont be refused again.

Thank you very much for the much needed info!

An appeal can take moths. Reapply providing evidence the marriage is genuine (phone calls records, photos etc). I would add a cover letter addressing issues raised in the refusal.

Thanks for your reply Jambo.

So should my wife send our wedding DVDs this tim?
I have lots of wedding pictures as well, chat logs, phone messages, and some other stuff.

We haven't received the EEA2 yet, but we have attached photo album with circa 70 pictures, detailed phone bills - I even highlighted the number of my partner dialled many times, done the same with his bills, e-mails between each other, e-mails between me and may partner's mum, letters from friends and family, receipts of buying tv and other stuff together (paid by both debit cards half-half), etc....

[EUsmileWEallsmile]

[quote="Wodie"][/quote]

Please read this thread. It has some important information.

[EUsmileWEallsmile]

this thread

http://www.immigrationboards.com/viewto ... onvenience

[EUsmileWEallsmile]

...Importantly the EEA national has not been deterred from exercising his treaty rights...

...but now will be as a result of this idiotic decision.

[frei]

@ op, please provide as much enough relationship history evidence dating back months, and even years if possible before your marriage. Am sorry to tell you, that your wedding pictures, and even video would not matter/ suffice.
Please present your relationship history during your second application, this will put some smile on the ECO's face at least. Your marriage could have been that of convenience and celebrated in such a big way to convince visa officer.

Note I am in no way sugesting such, but rather judging from the ECO's perspective, and trying to think like them, that way you will be able to counter them (My formular) I could be wrong on this one.

Email exchanges, detailed phone calls, and phone bills. Also ask if your wife could get a print out of her call history for maybe the last 3 months, underlying your incoming numbers. you know anything to prove you are genuine .

[EUsmileWEallsmile]

The definition of 'spouse' in the Immigration (European Economic Area) Regulations 2006 does not include a party to a marriage pf convenience.

This statement is correct.

A marriage of convenience can be taked to refer to
one that does not have subsctane.

...but, the regulations do not define what a marriage of convenience is.

Please read this case, it has some useful information.

http://www.bailii.org/uk/cases/UKUT/IAC ... reece.html

[Wodie]

It's hard for me to get the info on the sms that I have send to my wife called vectone and they couldn't get me any info about the calls or sms that I have made. any help ?

I video live chat on msn mostly everyday.

On the refusal letter it states that she hasen't traveld to uk.
How can she travel with out the permit? I don't understand this at all.

this is getting on my nervs.......

[EUsmileWEallsmile]

Hi, if you read the case law I gave you, they should not be asking for anything other that the marriage certificate.

If they have reason to believe that your marriage is one of convenience, they need to evidence that. They can't simply make a statement and leave it at that.

[EUsmileWEallsmile]

COMPLAIN

[Wodie]

COMPLAIN

Most of them tell me to reapply and I will write it down and tell them that they made wrong decision.

thank you EUsmileWEallsmile

[EUsmileWEallsmile]

May I ask, under what regulations was your wife given permission to appeal?

[EUsmileWEallsmile]

I 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 (Eorpean Economin Area) Regulations 2006.

This standard appears to be a standard refusal phrase.

The correct phrase would have been to use the "relevant" requirements of article 12.

Frankly, it would be very difficult to meet all of the requirements of article 12 (simultaneously).

[EUsmileWEallsmile]

Member States are entitled to be satisified that you are in a genuine relationship with the EEA national. A genuine relationship extends beyond a valid marriage certificate and can reasonably be taken to refer to on that is subsisting.

While this might apply to the immigration rules, it does not apply to EU applications.

On what basis is the ECO inferring that the relationship is not genuine? They should elaborate.

[EUsmileWEallsmile]

The evidence before me indicated that you and the EEA national have lived separate lives since marriage in September, 2011.

Case law forbids an immigration officials from deciding whether a marriage is still valid. It can only be undone by the competent authorities.

[EUsmileWEallsmile]

...and there is no information before me to show you have maintained contact...

Neither the regulations nor the directive specify a minimal level of contact...

[EUsmileWEallsmile]

Your supporting documentation does not allow me to conclude that your marriage with the EEA national is, and has been, one of substance, including before marriage in 2011. Importantly the EEA national has not been deterred from exercising his treaty rights.

The whole point is that an EU national cannot be deterred from residing in another member state - being married to a third country national should not be a barrier to free movement.

Preamble 5 of the directive.

The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality.

[Wodie]

EUsmileWEallsmile for PRESIDENT ..... that's all I can say.

I have copied what you answered and I will send it with the application.

thank you soooooooooooooooo much[/img]

[Wodie]

on Monday my wife got her family permit , just want to thank you all for helping me many thanx

[EUsmileWEallsmile]

on Monday my wife got her family permit , just want to thank you all for helping me :D many thanx

I'm delighted that you've had success.

Do you have any advice for others in a similar situation? (Don't take no for an answer would be what I'd say).

[Wodie]

yeah make sure you provide as much evidence as possible

this is the list of what documents and other stuff that my wife did send.

90 photos of us two
marriage certificate from her country she is from and one from the swedish authority
a lots of payslips
a declaration that i will be traveling with her to UK
I took the quotes that EUsmileWEallsmile made
2 passport photos, a scan of my passport (EEA National)
a phone call list, sms list and msn list

that's about it, do not send your application unless you can provide as much as I wrote above or else they will claim it's a marriage of convenience.