CODE 1A STAMP

[smalldog]

Yes I traveled from Paris with IDBUS, actually my wife has already NI, but we will wait until I got some work, I don't want any problems.

nice one pablito,take it step by step..once u apply for RC then your wife would be eligible for work once she gets the COA.
good luck.

The wife is eligible to work already. The COA merely confirms eligibility.

[ukforever]

Yes I traveled from Paris with IDBUS, actually my wife has already NI, but we will wait until I got some work, I don't want any problems.

nice one pablito,take it step by step..once u apply for RC then your wife would be eligible for work once she gets the COA.
good luck.

The wife is eligible to work already. The COA merely confirms eligibility.

right now,i don't think she can,if she had the stamp code 1A then yes,but unfortunately she has a french stamp,its most likely to be an exit stamp from the schenggen area,now,if she wants to work,i don't see any employer risking employing her with those circumstances,don't get me wrong,we know that she has the right to work,but unless she has a COA,i don't think she would succeed in securing a job..unless the employer contact the ukba and gets confirmation allowing her to work.

[wiggsy]

and ukba "cannot confirm elegibility unless there is an active applicaton in... " (regardless of rights)

[Graham Weifang]

I was waiting to share these news with everyone.

We had arrived in Calais at 1:40AM, i had with me 2 marriage certificates, one from Philippines and one from Poland. I had also prepared some documentations concerning our rights. We had waited at the EU Lane, when we finally approached the desk I politely informed the officer that we are seeking admission with code 1A stamp and told him that person accompanying me is my wife i handed in both marriage certificates. He started checking my wife's passport and repeating that she needs visa, all in polite manner. He consulted his friend, he seemed to appreciate the fact that she had schengen visa. All took maybe four minutes, after that he brought the stamp and placed it in my wife's passport. There was no questioning of any kind. The officers were French. I don't know if all of them always are. At the present moment we are headed for Scotland, very tired already but happy. We will still proceed with appeal because we had already paid and I will keep this matter with Solvit, let's see how effective their help is. I will keep everybody posted.

.
.
Hello Pablito,

Thank you for the refreshing good news.
It was clear then that both you, and the French officials, all knew the rules.

Well done.

GW.

[Pablito]

Guys I will just make some update in this post. My wife has received an email from Manager in Paris, telling us that she had amended her decision and now she is calling it Marriage of convenience again and provided me with new refusal decision. Here is the content of the letter of her email and my response.

I apologise for the delay in responding to your email below.

As you are aware you were previously refused an EEA Family Permit on the basis of your marriage as the ECO (in Manila) was not satisfied that your marriage was not one of convenience. You elected not to appeal against this decision but instead submitted a similar application in Geneva. This application was refused again as the ECO was not satisfied that your marriage was genuine and not one of convenience. However the ECO used wording relating to a civil partnership rather than a marriage. I attach an amended refusal notice. I recommend that you exercise your right of appeal against the decision.

(name removed)
Visa manager, Paris


and here is my response:

Dear

Thank You for sending me an email.

May I please inform you that prior to your email with amended refusal letter the appeal was already sent addressing the latest refusal.

I think it is very sad how your institution deals with people who apply for entry visa based on their rights and receive refusals which are outcome either of incompetence or some other attitudes which are explicitly against EU law.

If given little time to do research it is clear that in order to prove us marriage of convenience the burden of proof should rest with ECO, this however your institution refuses to do and instead imply to us that burden of proof lies with us to prove that we are not party to marriage of convenience.

Your core argument is that I have overstayed in UK and therefore it must follow that my marriage cannot be real. This is in my opinion and opinion of many people who already faced similar refusals outrageous accusation and as it may be in accordance with National Immigration Law in UK has definitively little to do with European Law.

Moreover, our appeal was already sent and we addressed previous issue of not being in substantial marriage for 2 years, as we understand this proves that ECO who refused our application did not inferred that our marriage is one of convenience but instead was seeking to see our marriage was consistent which would be proper refusal if made under UK national Law , not European Law.

The case is still with Solvit and European Commission, recently we had received an email from European Commission reconfirming us of our rights. The letter was in Polish language, the language of my husband. If it becomes available I am willing to send it to you if it could perhaps clear out some issues regarding application of EU Law.

We had been waiting very long time for visa which should be a matter of formality and be free of charge but became an expensive commodity. this should be right of every direct member of EU national to join or accompany them to UK or any other EU member state if they choose to( not unconditional right), but your institution chooses to break the law and make it a matter of their own personal taste what is 'right' and what isn't. My husband previously worked in UK for almost 8yrs and now we are being deterred from going back where my husband continuously resided. This is definitively not European Union spirit and we hope that our rights will soon be recognized.

Kind Regards

[Pablito]

and apart from the above post I think there is already some response from Tribunal, I provided them with an address in Poland, so I don't know if this is already decision or what? but tomorrow I will find out.

[ukforever]

nice letter pab,i agree with u that u should pursue this matter further and get your rights back..good luck with that.

[PaperPusher]

Pablito

If given little time to do research it is clear that in order to prove us marriage of convenience the burden of proof should rest with ECO, this however your institution refuses to do and instead imply to us that burden of proof lies with us to prove that we are not party to marriage of convenience.

What you wrote there isn't strictly the case.

See this:

i) There is no burden at the outset of an application on a claimant to demonstrate that a marriage to an EEA national is not one of convenience.

ii) IS (marriages of convenience) Serbia [2008] UKAIT 31 establishes only that there is an evidential burden on the claimant to address evidence justifying reasonable suspicion that the marriage is entered into for the predominant purpose of securing residence rights.

http://www.ait.gov.uk/Public/Upload/j24 ... greece.doc

I suppose in your case you would be arguing that the ECO didn't have reasonable suspicion that the marriage is one of convenience, and/or that you have provided enough evidence to counter the suspicion.

I haven't read back on all your posts to get the full situation about the previous refusals.

[Pablito]

Actually in our case there is a different issue because we had appeal from the previous second decision that didn't anymore state that our marriage is one of convenience. Now its already 18/06 and we received this email with amended notice of decision after appeal right is already expired and we are suggested to appeal from new amended decision? this is some ridiculous thing to do, I don't even know what to think of it, appeal was already sent addressing second refusal which did not state that we are marriage of convenience. This is some kind of play stupid game on the side of that Manager.

[ukforever]

Actually in our case there is a different issue because we had appeal from the previous second decision that didn't anymore state that our marriage is one of convenience. Now its already 18/06 and we received this email with amended notice of decision after appeal right is already expired and we are suggested to appeal from new amended decision? this is some ridiculous thing to do, I don't even know what to think of it, appeal was already sent addressing second refusal which did not state that we are marriage of convenience. This is some kind of play stupid game on the side of that Manager.

I totally agree with u pablito,the ECO's in both refusals did not do their job properly and now they are saying u should appeal on new amended refusal grounds,its bull shit in my book,they can't even make a proper sounded judgement,they did not even bother to ask u to explain or to prove to u their suspicions..i mean,its not rocket science really,its as clear as it gets..i mean,i don't understand sometimes from where they get their decisions from,honestly,sometimes its beyond me to understand,the fact that they deliberately refuse genuine married couples and let the bogus / fake ones live a peaceful life.
don't bother pab,just follow the appeal to where it takes u,they can't do anything about it right now,as u said previously,u already paid and now u are in the uk with your wife,so...who cares..lol..let them talk.

[Pablito]

Pablito

If given little time to do research it is clear that in order to prove us marriage of convenience the burden of proof should rest with ECO, this however your institution refuses to do and instead imply to us that burden of proof lies with us to prove that we are not party to marriage of convenience.

What you wrote there isn't strictly the case.

See this:

i) There is no burden at the outset of an application on a claimant to demonstrate that a marriage to an EEA national is not one of convenience.

ii) IS (marriages of convenience) Serbia [2008] UKAIT 31 establishes only that there is an evidential burden on the claimant to address evidence justifying reasonable suspicion that the marriage is entered into for the predominant purpose of securing residence rights.

http://www.ait.gov.uk/Public/Upload/j24 ... greece.doc

I suppose in your case you would be arguing that the ECO didn't have reasonable suspicion that the marriage is one of convenience, and/or that you have provided enough evidence to counter the suspicion.

I haven't read back on all your posts to get the full situation about the previous refusals.

EUN2.10 What if I suspect a marriage / civil partnership of convenience?

The definition of 'spouse' and 'civil partner' in the EEA Regulations does not include someone who has entered into a marriage / civil partnership of convenience.

When a marriage / civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO.

Its hard for me to acknowledge your point that burden of proof is equally meaning the same as reasonable suspicion I think these are 2 different things. And we are not even securing residence rights we had applied for family permit perhaps just to go and visit my Auntie Betty.

[ukforever]

Actually in our case there is a different issue because we had appeal from the previous second decision that didn't anymore state that our marriage is one of convenience. Now its already 18/06 and we received this email with amended notice of decision after appeal right is already expired and we are suggested to appeal from new amended decision? this is some ridiculous thing to do, I don't even know what to think of it, appeal was already sent addressing second refusal which did not state that we are marriage of convenience. This is some kind of play stupid game on the side of that Manager.

I totally agree with u pablito,the ECO's in both refusals did not do their job properly and now they are saying u should appeal on new amended refusal grounds,its bull shit in my book,they can't even make a proper sounded judgement,they did not even bother to ask u to explain or to prove to u their suspicions..i mean,its not rocket science really,its as clear as it gets..i mean,i don't understand sometimes from where they get their decisions from,honestly,sometimes its beyond me to understand,the fact that they deliberately refuse genuine married couples and let the bogus / bad quality ones live a peaceful life.
don't bother pab,just follow the appeal to where it takes u,they can't do anything about it right now,as u said previously,u already paid and now u are in the uk with your wife,so...who cares..lol..let them talk.

i don't understand why i wrote something in the text above and it says something else in the post..!!!i said in the part in red..bogus / f-a-k-e ones..**but u can read in the post **bad quality ones..**its odd..!!can anyone from the moderators explain what happened..!!

[PaperPusher]

The board is set to change certain words

F a k e to fake
I phone to idiot-phone
S e x to sex

[ukforever]

The board is set to change certain words

F a k e to bad quality
I phone to idiot-phone
S e x to gender

thanks for the info,i thought so anyway...cheers.

[Directive/2004/38/EC]

and ukba "cannot confirm elegibility unless there is an active applicaton in... " (regardless of rights)

Where does this quote come from?

[Pablito]

Ok some update, the letter that my wife received yesterday from Tribunal turns out to be reference number for our case and what to expect next (pending appeal).

I have written to Solvit about the email from Visa Manager in Paris that the lady most likely is counterfeiting original decision since the amended one contains the date of 29/04/13 which was the date when my wife received her original decision.

Moreover her email to my wife with amended decision was received yesterday 18/06/13 more than 2 weeks after appeal right expired.

It seems to me she wants to send amended decision to court and pretend that it was original one, i contacted Solvit about it but is there anything else I can do for that? any ideas?

[jutt_don]

It does not matter if you got a stamp or not on entering into the UK. All that matters is that you are with your wife and that she either starts working within the next three months, or is considered self sufficient.

Note that they can politely ask you and your wife some basic questions, but basically they have to let you in.

Were you travelling in a car or in a bus?

130am is an awful time to cross, just because everyone is so sleepy.

hi i just read this thread and there is similar kind of problem is with my friend he is Pakistani and got married with a polish girl in Cyprus and he has been issued a residence card of non EU citizen family member of union citizen which is issued by CIVIL REGISTRY AND MIGRATION DEPARTMENT and it is on a yellow A4 size paper and on top rite corner there is a logo of EU. with this paper he travel from Germany to republic of Ireland with his wife and then from Ireland he travel to Gatwick London with his wife together and immigration officer didn't stamp code 1A stamp on his passport and let them enter UK. so this is the case and now i need some help.
1) can he apply for EEA 2?
2) can he work before he got eea2? if anyone offer him a job the employer is ok with that or is it illegal to employ him?
3) how long he can stay like this because his wife came to uk first time and need national insurance number to get job.