guys need help plz i was here before

[sha_80]

guys i was here before regarding my RC issue and its still going on.
This was my earlier post:
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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.


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we went for appeal and got refusal from the judge besed on assumptions and errors. the assumptions and errors are made by HO representative and Judge are.
1-- why our parents did not attand our wedding ?
2--why did not we arrange visa and travling for them to come over?
3--since our relationship my wife went to back home 3 times why i dont know the dates when she went back home? in the determination they have clearly mentioned the dates when she went back home and i was the one who told them the dates because they asked me these dates.
4-- HO representative made the same error as well.
5-- my wife and my birthdays falls on 1st and 6th of july.
the HO representavtive and judge mixed up my birthday with here and assum that i did not know when she came back to uk.
my wife came back to uk on 1st of july which is my birthday an di told the judge but as the judge thinks my birthday was at 6th of july so she came back to ukon 6th of july.
6--they said there is some inconsistancy regarding the gifts we exchange on our birthdays and what we did on our birthdays.
i sid we only exchange cards and stayed at home and did not do much while my wife said we did not have big celebration but we exchange cards and i got him some chocolates from back home ,which she bgot me on all 3 occasions when she went back home so that was not a birthday gifl. then she said we went to the resturant to get food. now here the judge assumed that we went out for meal .

i tried to explain that to judge but my solicester did not let me speak up at that time.we had refusal after that. we went for appeal again on th ebasis of the these ground rules that judge made an error of law but got refusal again .

the reason of refusal is the judge who lsiten our case is very experienced and she did not make error of law.

now we sitting here thining that what is our crime that we got married and trying to live a peaceful life.

could you guys plz help me on that .

[sha_80]

calling all gurus here . please pplneed some advise.

[Obie]

Your Option is to reapply, providing new evidence which indicates a subsisting relationship or to seek a Judicial review of the Upper Tribunal's decision, if there are clear evidence that the decision was flawed and no reasonable judge who focused their mind on the evidence provided could have reached the conclusion reached by the Tribunal.

[sha_80]

thatnks for the reply.

I have spoken to my solicister and we planing to apply for apeal again because my solicister said they will most likely refused it again if we went fo r fresh applictiion.

here i would like to mention that in the determinations judge refused to count any documentation we provided including my wifs parents letters,my mums letter,our mutial freinds letters and other utility bills and more bank statements. the judge clearly said in the determintion that these documents does not mean we live together.

Judge is sticking to the HO reason that the immigration officer could not get to the property even we have provided the landloads letter and the maintenance company who is looking after the building that the main intercome system does not work but for some reason they refused to accept any documents.

Its really frustrating right now.I have lost my job as well.

[totally]

Sorry to hear that a seemingly simple case like yours has become a nightmare. Just out of interest, is there any reason that might make HO doubt your marriage is not genuine, e.g age difference, length of relationship, your wife's working status?

I thought if you are EEA national's spouse, as long as she exercises her treaty rights here, you automatically have the right to live and work here. The residence card is only confirming your right. If your appeal got refused again, can the HO deport you?

[tanabrennan]

Gather more evidence and reapply, you can reapply and continue with the appeal. I think your lawyer want to ask for permission from the UT to allow you to appeal. Make sure the entire mistake they made be recorded, as long as your relationship is genuine, you have no problem. The entire mistake you made, try and correct it in your future application and appeal.

[sha_80]

Sorry to hear that a seemingly simple case like yours has become a nightmare. Just out of interest, is there any reason that might make HO doubt your marriage is not genuine, e.g age difference, length of relationship, your wife's working status?

I thought if you are EEA national's spouse, as long as she exercises her treaty rights here, you automatically have the right to live and work here. The residence card is only confirming your right. If your appeal got refused again, can the HO deport you?


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thanks for the reply guys.its my worse nightmare so far.
the only reason they told us was very little evidence we provided to prove that we live at same address and on top of that the immigration officers could not get acces to our flat.
the mistakes we made were we did not go through solicister and second was trusting on HO advisers .
before we made our applications i sopke to HO few times and every time i asked them what documents do we need,how many documents do we need and how many months worth of documents do we need.
Every timer they said you need documents in last 6 weeks,bank statements,payslips,emplyment letters,utility bills.on the last time when i spoke to HO adviser and i told her what documents we are sending with our applications and she said this is very simple and easy case, you should be fine and yet HO case worker rejected my application on the basis of insufficient evidence.it has been bugging me since may.
When we were preparing our documens i went through the HO website it clearly says you do not need to take permission to live here as member of eea family but if you want to get job or something you do need permission for your employers.
I did mentione that to HO adviser that and she said i do need to apply before 5th of feb othwise i would be considered illegal.That clearly shows that either HO advisers giving out wrong advices or the case workers do not have clue what they doing.
As long as my relationship is concern the registry office made sure that either we are genuine or not and took our interviews before we got married.
we had family and friends on our marrige ceremoney.the HO has got photos of our marriege.
We do not really know what other documents we should send for appeal or for fresh application .
My question to everyone out there is if our marrige is not geniune then why are we still living together after 2 years and why we still fighting with HO and the courts?

[ravii]

If there is any intelligence report against applicant then UKBA refuse application on non sence grounds,same as your refusal grounds.UKBA and courts did not share intelligence reports.if UKBA team unable to reach the property and they believe that occupant is at home but not answering or ignoring them (if they come without search warrant)then they always try to collect information from neighbours etc.if your wife is still in uk and with you then no need to worry you will be fine.

[sha_80]

thanks ravi for the reply.

The thing is ravi they do share intelligence with court.We have been given letter on hearing showed time and dates when they tried to come to my flat an dit was always on sunday mornings between 6 till 7. funny thing is my wife and i used to leav our flat at around same time but we never came across any of them .
Second thing is we live in a flat and the building has got almost 20 flates and has got the main intercom system. we had fire here in august last year by the main door and that intercom system does not work since. we made complains to landload and the maintinance company as well but still the same.
We did provide letters to the judge from the landloard and the maintinance company but the judge did not even count them.she clearly mentiond in the determination that we only provided these letters to satisfy the court and these letters does not mean we live together.
its very hard not worry about the situation like that becasue i lost my job and my wife is working almost 12 hrs for the last few weeks with out any day off to keep up with the expensis and i do concern about her because she has got asthma.
we are very upset and angry because they are making decisions on the basis of assumptions and they have not got any proof at all.

[Obie]

If your lawyer is applying for permission to appeal to the Upper Tribunal, then that is fine, if the Upper tribunal has rejected your application for permission to appeal to them, then your only option is to Judicial Review the Tribunal, and based on what you have said, you may have a strong case, that the UKBA and Tribunal were clearly wrong in their assessment and conclusion, and failure to properly consider the evidence you provided, which would have led to a different conclusion. You may also be able to claim damages after the process.

[sha_80]

thanks guys for reply .
My solicister have just spoken to me about my case and have discussed my case with other law firms as well .all of them agreed to that the judges clearly ignored all the evidences we provided and made too much error in making decision in both appeals .
they going to lanch the appeal in the upper tribunal tomorrow and then will take it from there .i will keep you postting here and would make a link of my case here too.
wish us luck .