EEA Application and home office part 2

[sha_80]

PART 2
please read it all.

Hello everyone
I am going to share my Very Bad Experience with Home Office and the Immigration court.
I sent My RC Application to the Home Office in Jan 2012 got refusal in May 2012 Reasons were
1) Not enough documents to prove our marrige
2) Immigration Officers could not get access to my flat
3) Could not find my wifs driving licence with dvla.
because of all above reasons the case worker believed our marrige was not geniune.
Went for the appeal and show all documens to the judge and extra letters from friends and family who were there in ceremony to prove our marrige .
Letters from my landloard and The maintinance Company who is looking after the building regarding the broken intercome system.
Her Orignal Driving licence both card and papper part .
Judge refused the appeal because of 3 reasons
1) why am i getting single person discount for my council tax?
she didnot even check the updated verion.
2) why my wife was getting child tax credit when her son was not here ?
her son was here that month and as soon as he went to back home
we informed revenue.It took time to update their system.
3) they asked us questions about how we spent our birthdays and what
we did?Now our Bdays are in same week and Here judge made the
biggest mistake by mixing our birthdates up and she mixed our
answers as well.
The judge didnot even consider all the documents we provided and completly ignore them.Here i would blam my solicitor as well who didnot let me speak at that time because i knew the judge has mixed our dates up and i also believed i could point her to the updated documents we provided and believed we won the appeal.Got refusal with the statement that we are not enjoying family life together.
Went for the second appeal but they refused it again said that it was an admins fault and judge didnot make any error of law.
Went for the third appeal and got refusal and the reason was the same it was an admin fault and judge didnot make any error.
My Solicitor said to go for the fresh application.
Sent application in Dec 2012
got COA in Jan 2013 stating they cant confim my right to work at this time .It will depend on the decision of the application.My solicitor asked them why is that and they said its because we didnot provide her ID card.
We provided her UK registration documents issued by Home Office because she had to go back home to renew her EU ID card,register our marrieg there and change her surename.
We provided her new EU ID card and our marrige registration certificate from her country but its been 5 months now and they didnot send me new COA despite of thousands of requests from my solicitor. They said if my employer needs any information regarding my right to work they can contact them and they will confirm my right to work but we all know that companys dont do that and i dont trust HO advisers after giving me wrong information.
There was a death in my wif's family and they still dont want to know.
Ist been more then 5 months now and i am about to lose my job and its putting to much stress on my marrige at the moment specially after the death of my wif's niece.
I really dont know what to do ....

[sha_80]

Today I received refusal letter from home office....
The reason is " You have applied for the resident card on 4/02/12 and was refused on 01/05/12.It stated that they have doubts that our relationship is not geniune and its marrige on convinence."

their evidence to believe was " the immigration could not get acces to your property "

Went for appeal and got refusal because we missed couple of questions so we ha inconsistancy .

After 1 year they refused because of same reasons.
1- the immigration officer could not get acces to to your propert last year
2- there was some inconsistancy issues during the appeal last year .

but somehow they believd our relationship is not geniune because of the informatons gattherd by the immigration officers.


Now here we are sitting and thinking why would you refuse fresh application on the basis of last years reasons and the you getting all that information from your immigration officers .

How could they get any information regarding our relationship when they couldnot get into out flat last year and this year they didnot even come.

I am well confused and pretty angry right now coz i have enough .
any advise please guys

[Imshzd]

Home office claimed that your marriage is one of the sham marriage,
So now you have to prove your relationship.
You can't prove it with documents etc.
Only way to prove your relation is oral hearing in the courts.
You and your wife go in oral hearing and try to convince judge.
You can't do any thing else.

[Babz]

Today I received refusal letter from home office....
The reason is " You have applied for the resident card on 4/02/12 and was refused on 01/05/12.It stated that they have doubts that our relationship is not geniune and its marrige on convinence."

their evidence to believe was " the immigration could not get acces to your property "

Went for appeal and got refusal because we missed couple of questions so we ha inconsistancy .

After 1 year they refused because of same reasons.
1- the immigration officer could not get acces to to your propert last year
2- there was some inconsistancy issues during the appeal last year .

but somehow they believd our relationship is not geniune because of the informatons gattherd by the immigration officers.


Now here we are sitting and thinking why would you refuse fresh application on the basis of last years reasons and the you getting all that information from your immigration officers .

How could they get any information regarding our relationship when they couldnot get into out flat last year and this year they didnot even come.

I am well confused and pretty angry right now coz i have enough .
any advise please guys

Since they are still having doubts I guess one of the few ways out is your wife having a baby....

[Babz]

PART 2
please read it all.

Hello everyone
I am going to share my Very Bad Experience with Home Office and the Immigration court.
I sent My RC Application to the Home Office in Jan 2012 got refusal in May 2012 Reasons were
1) Not enough documents to prove our marrige
2) Immigration Officers could not get access to my flat
3) Could not find my wifs driving licence with dvla.
because of all above reasons the case worker believed our marrige was not geniune.
Went for the appeal and show all documens to the judge and extra letters from friends and family who were there in ceremony to prove our marrige .
Letters from my landloard and The maintinance Company who is looking after the building regarding the broken intercome system.
Her Orignal Driving licence both card and papper part .
Judge refused the appeal because of 3 reasons
1) why am i getting single person discount for my council tax?
she didnot even check the updated verion.
2) why my wife was getting child tax credit when her son was not here ?
her son was here that month and as soon as he went to back home
we informed revenue.It took time to update their system.
3) they asked us questions about how we spent our birthdays and what
we did?Now our Bdays are in same week and Here judge made the
biggest mistake by mixing our birthdates up and she mixed our
answers as well.
The judge didnot even consider all the documents we provided and completly ignore them.Here i would blam my solicitor as well who didnot let me speak at that time because i knew the judge has mixed our dates up and i also believed i could point her to the updated documents we provided and believed we won the appeal.Got refusal with the statement that we are not enjoying family life together.
Went for the second appeal but they refused it again said that it was an admins fault and judge didnot make any error of law.
Went for the third appeal and got refusal and the reason was the same it was an admin fault and judge didnot make any error.
My Solicitor said to go for the fresh application.
Sent application in Dec 2012
got COA in Jan 2013 stating they cant confim my right to work at this time .It will depend on the decision of the application.My solicitor asked them why is that and they said its because we didnot provide her ID card.
We provided her UK registration documents issued by Home Office because she had to go back home to renew her EU ID card,register our marrieg there and change her surename.
We provided her new EU ID card and our marrige registration certificate from her country but its been 5 months now and they didnot send me new COA despite of thousands of requests from my solicitor. They said if my employer needs any information regarding my right to work they can contact them and they will confirm my right to work but we all know that companys dont do that and i dont trust HO advisers after giving me wrong information.
There was a death in my wif's family and they still dont want to know.
Ist been more then 5 months now and i am about to lose my job and its putting to much stress on my marrige at the moment specially after the death of my wif's niece.
I really dont know what to do ....

The way I'm looking at it,I think you may be the architect of your misfortune. I believe you supplied them with more than enough documents requested.
May I ask the following questions;
How's your wife proving her EU treaty rights?
Did you submit a marriage cert?
Why did you submit your wife's driving licence?
Why did you show the tribunal your council tax bill instead of other bills that bear your names?(your solicitor shd have known better)..
How did they know your wife was claiming child benefit?

[Babz]

Home office claimed that your marriage is one of the sham marriage,
So now you have to prove your relationship.
You can't prove it with documents etc.
Only way to prove your relation is oral hearing in the courts.
You and your wife go in oral hearing and try to convince judge.
You can't do any thing else.

They did it thrice already...

[sha_80]

Thanks for the reply ..
Can't have babies in next 2 months can we ? And it would be wrong anyway .
She is workin so payslips , bank statements , letter from her employer .
Yes sent marrige certificate . We didnot send her driving license , Ho checked it with dvla but dvla said they could not find her drivers license .
As long as councils tax is concern out solicitor said its good to include it during the appeal ..which was not a clever idea .
H&M revenue ppl stopped her child benifits when we got together but for sone reason they paid her out in month of June last year for only 1 month and we had appeal in July . Obviously we didnot have any clue about that and HO representative picked that up ..
When we look back then we realised that apart from missing couple of questions "which was not technically out fault by the way ".
We never done any mistake or break any law or somthing and we are suffering big time ..
It seems like I made a massive crime to got married to someone who is Eu member ...
We really don't know how to convince them ??
Our solicitor said we will need more documents as evidence for hearing ...

[Imshzd]

Change your solicitor.

[webbie1902]

Change your solicitor.

That's a point. Change ur solicitor. I had worse issue than urs. I do agree with 'babz's comment' that u should get ur wife pregnant. I was also refused and told that I was in a marriage of convenience. As soon as my wife got pregnant, i provided them with proofs from both her GP and subsequent records, scan and the like. Attached it to my new application. That was the end of the so called marriage of convenience 'cook up story from HO'.

[sha_80]

Mate I do understand where you coming from but I will not make her pragnent just to get my resident card because that would be wrong and we have been fighting for for our genuine marriage for year and half now .. I have got this mental satisfaction that we doing doing it for our small family , our family rights not to get a resident card ..
We have already got 7 years old kid from her previous relationship and it's effecting him big time .. I can see that . His real dad is not a good person and
He looks up to me as dad ... I am not fighting for me alone mate I am fighting for our little family .
Criminals , drug dealers and terrorist have human right then I am sure as law abiding residents who have been paying taxes , no crimnal record and thing to live in peace got some rights too .
I am sorry but thats how I see and feel ..