Refusal to EEA Family permit --> arrive to the uk boarder

Bigo · Post by **Bigo** » Mon Jun 25, 2012 3:39 pm

Hey guys!
I'm writing for a friend of mine.
He has been apply for the EEA Family Permit , he is married to EU National, but he is scared a bit from refusal and he is NOT visa national.

We all hope he gonna get the permit and will allowed to travel with his wife, the question is if the visa been refused for some reason, he is planning to fly with his wife to the UK, my question is what documents he need for the entrance? what he have to say when he arrive to the boarder?

Normally he been travel to the Uk on tourist visa for 6 month so what going to be now?

Many thanks, Gibo.

Post by **Jambo** » Mon Jun 25, 2012 6:04 pm

As a non visa national, there is no real reason to apply for the Family Permit. If he gets refused, he should make sure the evidence he takes with him addresses the issue the refusal highlighted. In most cases, a marriage certificate is all that is required.

Post by **Directive/2004/38/EC** » Mon Jun 25, 2012 9:54 pm

Is his present visa still valid? Is he planning to visit the UK with his wife, or are they moving together to the UK?

Post by **vinny** » Mon Jun 25, 2012 11:22 pm

11(4).

Bigo · Post by **Bigo** » Tue Jun 26, 2012 2:09 am

He met his wife as a tourist in London.. but now they are palnning to travel to the UK together to settle down in the UK.

Bigo · Post by **Bigo** » Tue Jun 26, 2012 1:32 pm

Hey..

As my friend thought he has been refused to the visa. he is got now a refused stamp in his passport.

What are you recommend to do now? if he will come with his wife to the uk and they will see the refusal stamp what will be then?

maybe he should change his passport? and if he will enter to the uk can he do something from the uk the change his status? he want to be with his wife and work in the uk will he be able to do that?

Please help him!

Post by **vinny** » Tue Jun 26, 2012 1:39 pm

Reasons for refusal?

Bigo · Post by **Bigo** » Tue Jun 26, 2012 1:49 pm

They say he didn't show that the EU national his wife will have a reason to stay in the UK and nobody ask for for those documents in the application. they say that he didn't prove enough photos before the marriage and the ECO think its a marriage of conveneice which is really not the true!

What is the best way to do now?

Post by **Directive/2004/38/EC** » Tue Jun 26, 2012 1:55 pm

What are the exact words in the refusal? That would be very helpful!

Post by **Jambo** » Tue Jun 26, 2012 1:59 pm

I would suggest he sorts this mess before moving the UK. Otherwise, this refusal might cause him issues later on (questioning at the airport/longer process time for applications etc).

He should read a similar refusal story (with an happy ending) here - Refusal of EEA Family Permit - Reapply or Appeal

Bigo · Post by **Bigo** » Tue Jun 26, 2012 2:03 pm

Basically the reason for the refusal is "marriage of convenience"

Bigo · Post by **Bigo** » Tue Jun 26, 2012 2:17 pm

xxxxxx

Post by **Directive/2004/38/EC** » Tue Jun 26, 2012 2:23 pm

When did they marry? Where have they been living since they married?

Bigo · Post by **Bigo** » Tue Jun 26, 2012 6:20 pm

They married last month and they live in Israel.

Bigo · Post by **Bigo** » Tue Jun 26, 2012 8:59 pm

anyone? what is better for him to do? to reapply? or just to come to the uk boarder?
He told me he got some stamp in his passport with his application number it's apear to be like a "black stamp".. anyone have any idea what is the best for him to do?

Post by **Jambo** » Wed Jun 27, 2012 12:36 am

As I said in my previous posts - EEA Family Permit was not required if he is a non visa national. However, now he needs to clear the mess before moving to the UK.

Best/quickest would be to re-apply and address the reasons for refusal in the new application.

If the ECO suspects marriage of convenience (presumably as they just got married last month), they should provide evidence that the relationship is genuine.

* Have they lived together before the marriage? They should provide evidence to show that (tenancy agreements, utility bills etc).

* Have they got pictures from their wedding? I would argue that if the wedding was at the city hall with 2 witnesses it could be a marriage of convenience but if they had 300 guests in a 5 star hotel, it would difficult to claim this is marriage of convenience.

Bigo · Post by **Bigo** » Wed Jun 27, 2012 9:45 am

They both live in Israel.
they where sleeping at each other but they didnt have commin bills before the wedding. they are now living together now.
They got married in Larnaca and bcs they jewish and they didnt want to make jewish ceremony they couldn't do it in Israel. and thats the reason there was no people at the wedding. they didnt want to make the jewish ceremony.
they have a tenancy agreement for London for the next 1 year.

The question now what else they should provide?
if they bring british witnesses that confirm their reltionship? a friend of them i a british lawyer maybe it can help?
they can provide phone call for the last 2 years and emails , skype.
Is the any more things they can do to prove their relation?

Post by **vinny** » Wed Jun 27, 2012 9:51 am

See also Subsisting marriage.

Post by **Jambo** » Wed Jun 27, 2012 10:58 am

You must agree that it does look suspicious - They live in Israel and got married in Cyprus just a month before applying. Sounds as if the trigger for the marriage was the move to the UK. If they have a genuine relationship, they should be able to prove it.

Post by **Directive/2004/38/EC** » Wed Jun 27, 2012 2:03 pm

Jambo wrote:You must agree that it does look suspicious - They live in Israel and got married in Cyprus just a month before applying. Sounds as if the trigger for the marriage was the move to the UK. If they have a genuine relationship, they should be able to prove it.

I am not sure. They have now lived together in in either 2 or 3 countries together.

Remember that if you are asked by the embassy to provide additional evidence, then there is an onus on you to do so. But you can provide anything which makes sense. Letters you have written to each other, history of travelling together, evidence of a shared and intertwined life of a family, etc...

Post by **Jambo** » Wed Jun 27, 2012 2:13 pm

Directive/2004/38/EC wrote: I am not sure. They have now lived together in in either 2 or 3 countries together.

I'm not sure this is correct. The OP stated they met in the UK, lived In Israel (separately before marriage) and got married in Cyprus (without living there).

Bigo · Post by **Bigo** » Thu Jun 28, 2012 1:07 pm

They been a couple but they didnt live togther. after the marriage they are living together.

they are asking for avidance that his wife is a qualified person/
what exactly they need to proof to show she is qualified person?

they gonna make now new application.
they are going to add

1) phone calls bills of him calling her for the past 2 years in israel and phone calls bills of him calling her to the uk.

2)a letter from a lawyer confirm he met them as a couple 9 month ago regarding buying a propety in israel but after 2-3 meeting they decided to cancel it. but its still strong proof from a lawyer he met them as a couple.

3)a letter from her last employ in the uk

4)a letter from her future employ when they will arrive to the uk

5) a letter from a british person far family member of the husband confirm he know's them as a couple

6)emails history 3 years ago

7)skype history 6 month backowrds

is it necessary to add a letter to the eco explain why they didnt add all those documents from the begining?

in ukba website it's not mantion that the EU national should be presented at the application!

and about the documents of relationship they didnt know it would be so necessary to add all those documnets because they are married from true love and they know they relationship is genuine.

About the wedding they got married in cyprus they went to married there they wanted a quite wedding just him and her it's not the business of anybody why they didnt had guests in their wedding like the ECO says. no body can tell them how to enjoy from their marriage!

many thanks for your answers!

Post by **Jambo** » Thu Jun 28, 2012 5:51 pm

I'm a bit confused with regards to the EEA national residence. How long has she been living in the UK? When did she move to Israel?

The reason I'm asking is that under EEA regulations, once you move to a EEA state, you have unconditional right of residence for 3 months. However, if you already live there, you need to be a qulified person (and you will need to prove that for a EEA family permit). If she has been away for more than 6 months, she will not be considered as someone who lives in the UK.

They should compose a cover letter explaining this is their second application. Highlight where they believe the ECO has made mistakes and request a priority treatment of their application.

There is no requirement for the EEA national to be present. A copy of her passport should be enough.
Normally marriage certificate is enough to prove the relationship. As the ECO has doubts about their relationship they should provide evidence to prove the relationship.

Did they celebrate their marriage with friends and family in Israel? They can provide photos of that as evidence. They can choose how to get married but it might raise questions if it is done in uncommon way.

Bigo · Post by **Bigo** » Thu Jun 28, 2012 6:21 pm

she been in the uk in 2008 but she is not living in the uk for more then 2 years! so i guess they dont need to prove she is qualified person?
So this is the first mistake of the ECO!

in the past 2 years she lives in israel and there were in close realtionship she and her husband they brought payslips of her working in israel for the last 4 month!

do they have to send the same docunets that they send before+ the new evidance or only the new evidance?

they didnt make an event in israel just a dinner with their families.

so i need to tell him what to do now:

1) to write a compose letter for the ECO mistakes: that she is not qualified person and they are in the genuine relation ship.

2)to add the new evidance. did the new evidance i wrote in my last comment enough?

you helping them so much thank you!

Post by **Jambo** » Thu Jun 28, 2012 6:45 pm

They should send the same evidence as before + a cover letter + new evidence.

In the cover letter, they can refer to the UKBA guidance for ECO on EEA family permit which is avilable here in particular to points 2.4 (future intentions/qualified person is not required) and 2.10 (what to do if suspecting a marriage of convenience - they should have called them for an interview and not refuse the application).

As much evidence they got of their relationship the better. Do they have photos of them togethe covering the last two yearsr? Maybe trips they took abroad together?

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Refusal to EEA Family permit --> arrive to the uk boarder

Refusal to EEA Family permit --> arrive to the uk boarder