what about this point ?

JUSTINYK · Post by **JUSTINYK** » Sat Jul 27, 2013 3:26 pm

Hello , i want to have your opinion about this point :

When a marriage / civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant. Factors to consider include:

- an adverse immigration history;
- doubts about the validity of documentation;
- application follows soon after the marriage / civil partnership;
- no previous evidence of the relationship.

What mean " - application follows soon after the marriage / civil partnership;" , ??
and what will be NOT SOON for them ? did they have right to judge from this point ?
EXEMPLE : i will apply 4 month after my marriage .

I am waiting for your opinions

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Best forum , i am learning a lot from here !
good work !

Imshzd · Post by **Imshzd** » Sat Jul 27, 2013 4:26 pm

Applications follows soon after the marriage or civil partnership means,

That the applicants who try to avoid deportation orders in the shed of marriage or civil partnerships.

This does not means that all applications follows soon after the marriage or civil partnerships are marriage of convenience.

JUSTINYK · Post by **JUSTINYK** » Sat Jul 27, 2013 10:05 pm

Thank you Imshzd for sharing your opinion with me ,
i agree with you , but my question is what will be concidered : FOLLOWS SOON AFTER MARIAGE ? 10 days ? 1 month ? 1 year ?
what you think ?

Post by **Amber** » Sat Jul 27, 2013 10:32 pm

See Annex A (click) at page 50

Post by **sheraz7** » Sat Jul 27, 2013 10:44 pm

JUSTINYK wrote:Thank you Imshzd for sharing your opinion with me ,
i agree with you , but my question is what will be concidered : FOLLOWS SOON AFTER MARIAGE ? 10 days ? 1 month ? 1 year ?
what you think ?

It does not matter when an application for RC is being sent which is just mere confirmation of right. Calling for interview is a UKBA replacement strategy to surprise home visit since 2013 and it is unpredicatble to say who would be called. Refer to thread called MY Marriage interview even the couples with kids were also called.

JUSTINYK · Post by **JUSTINYK** » Sun Jul 28, 2013 12:13 am

thank you D4109125 ! so useful document !

JUSTINYK · Post by **JUSTINYK** » Sun Jul 28, 2013 12:22 am

sheraz7 , yes i read it in the document.
-> if there is doubt they will call to check ,
any way what i don't like in the procedure , that they JUDGE everything with documents abd papers ,
i will prefer if , we will pass physical interview , both , me and wife ,
to speak with them and to show them that this not SHAME , because the SHAME is to judge a RELATION without a close look.

i am not worry , i am just trying to ask , to not do small mistakes ,
i am so relaxed and sure about everything , cause i love my wife and she love me more and more so..

i am trying to figure out HOW I CAN MAKE A STRONG APPLICATION AND HOW TO PROVE OUR GENIUES MARIAGE.

Post by **sheraz7** » Sun Jul 28, 2013 12:41 am

Application form itself is a guide as what documents are needed. Just follow it, avoid excessive/irrelevant documents then your case will be strong.

JUSTINYK · Post by **JUSTINYK** » Sun Jul 28, 2013 1:04 am

I completly agree shera7 , this a good point and the best way ,

but what you considering like a excessive/irrelevant documents ?
what i am planning to give :

-airline tickets printed ( my wife come to visit me 4 times).
-receives of bank for changing money.
-photos of our meeting and mariage (i choosed 15pic for evey meeting : 80photos for all).
-supporting letter from plus than 4 of our freinds.
-skype history (since august 2012 when we start daily conversations)
-facebook profile printed , showing , our status and freinds comments about marriage and relation)
-supporting letter from my wife.
-phone calls history ( from provider )
-2 western union transfert receives

Post by **sheraz7** » Sun Jul 28, 2013 1:59 am

JUSTINYK wrote:I completly agree shera7 , this a good point and the best way ,
but what you considering like a excessive/irrelevant documents ?
what i am planning to give :
-airline tickets printed ( my wife come to visit me 4 times).
-receives of bank for changing money.
-photos of our meeting and mariage (i choosed 15pic for evey meeting : 80photos for all).
-supporting letter from plus than 4 of our freinds.
-skype history (since august 2012 when we start daily conversations)
-facebook profile printed , showing , our status and freinds comments about marriage and relation)
-supporting letter from my wife.
-2 western union transfert receives

For EEA FP you only need passports, marriage certificate, EU national treaty rights who if stayed more than 3 months in uk and EU national letter regarding travelling together/joining. However, if marriage is recent then additional documents can include. Read below:
www.immigrationboards.com/viewtopic.php?p=859510

Post by **Directive/2004/38/EC** » Sun Jul 28, 2013 5:02 am

Do you have a link to the original quote?

Post by **EUsmileWEallsmile** » Sun Jul 28, 2013 9:31 am

JUSTINYK wrote:Thank you Imshzd for sharing your opinion with me ,
i agree with you , but my question is what will be concidered : FOLLOWS SOON AFTER MARIAGE ? 10 days ? 1 month ? 1 year ?
what you think ?

It may be quite natural for some applicants to apply immediately after marriage. This alone can not be reason to suspect that it is not genuine. That in a combination of factors might give rise to suspicion.

JUSTINYK · Post by **JUSTINYK** » Sun Jul 28, 2013 1:08 pm

Thank you shera7 for the link , is so useful ! now i can have more idea about what i can add to application , but its not similar case , they had stronger evidence , they was living for along together.

Directive/2004/38/EC , with law , i completly know and have my full rights , but you agree with me , that ukba trying always to find small window to say : sorry we are not satisfied , not enough proof. so is better to make strong application , with clear evidence.

EUsmileWEallsmile , this it yes , so logic , but what im trying to say , that i need to be carefull with my application looking to this facts :
-we are together since 1 year.
-we married in july .
-and we will apply in november (4months after marriage)

well thank you all for sharing your experiences and opinions with me , i so appreciate !

wiggsy · Post by **wiggsy** » Sun Jul 28, 2013 1:50 pm

JUSTINYK wrote:Thank you shera7 for the link , is so useful ! now i can have more idea about what i can add to application , but its not similar case , they had stronger evidence , they was living for along together.

Directive/2004/38/EC , with law , i completly know and have my full rights , but you agree with me , that ukba trying always to find small window to say : sorry we are not satisfied , not enough proof. so is better to make strong application , with clear evidence.

EUsmileWEallsmile , this it yes , so logic , but what im trying to say , that i need to be carefull with my application looking to this facts :
-we are together since 1 year.
-we married in july .
-and we will apply in november (4months after marriage)

well thank you all for sharing your experiences and opinions with me , i so appreciate !

if you can prove you have been together a year, how can they suspect shams...

shams are when usually simular to when somebody meets, gets married a short time (month+) later, and fail to live together etc...

did you read the news paper reports RE: sham marriage etc... this is what they are trying to avoid... (the criminals spoil it for everyone)
https://www.whatdotheyknow.com/request/ ... ing-404965
110411 Laminate Lativan Newspaper Article f.pdf
110411 Laminate BBC Article g.pdf

You have to agree (no matter how much they P... you off - that they have a job to do, and it isn't an easy one...)

also note their text: “We are determined to create a hostile environment which makes it harder than ever for illegal immigrants to come to the UK and put untold pressures on our public service,” he added.

<< difficult job, = over reactions in many cases...

Note: My wifes SAR has revealed the clear discrimination, IE: we filed for Tax Credits (I am British, as are our children, my wife must legally be named on the claim)... on many documents it is stated, with underlining etc "has claimed benefits!!!!!!" (note: I am not exaggerating with the !'s or underlining...

Post by **John** » Sun Jul 28, 2013 2:50 pm

My wifes SAR has revealed the clear discrimination, IE: we filed for Tax Credits (I am British, as are our children, my wife must legally be named on the claim)... on many documents it is stated, with underlining etc "has claimed benefits!!!!!!" (note: I am not exaggerating with the !'s or underlining...

I don't think that shows discrimination. Instead I think it shows incompetence and lack of staff training.

So after that was spotted in the SAR, what did you do? Hopefully you complained about that?

wiggsy · Post by **wiggsy** » Sun Jul 28, 2013 4:05 pm

we have complained about it, but its really not going to do a lot... We got a further two pages of her SAR released (came in post yesterday). and its quite amazing... they have appended "IS86" onto the list of documents issued to my wife ie...
(2) ISSUED WITH IS151A, IS96. IS86.
(clearly different style of writing etc)

They clearly altered a lot of documents, the signatures from the IS86 on file is clearly signed on a date different to the date of visit (and was computer generated - hardly possible at the time).

And im also shocked...

I apparently signed a form giving consent to search our house, despite them noting that entry was forced... [which I am bringing up on legality too, as no court order etc was ever issued]
- shockingly though, the signature is one from when I was arrested in 2005, and not my signature that i use day to day... - I intend for the home office to explain every point of this - and have requested my SAR from the Police and the Home Office.
- quite amazing also, as I can bearly write legibly and the writing actually matches the writing on the rest of the document...

Myself & wife have ongoing complaints RE her treatment (comments in RC ETC)... and the SAR just goes to strengthen those complaints... (along with a previous FOI request which states they "should go home")

https://www.whatdotheyknow.com/request/ ... ing-364780

Some people given Temporary Admission will be neither an asylum seeker or failed asylum seeker. Those who have been granted Temporary Admission have no immigration status, are liable to removal and can generally avoid a breach of their rights by returning home. It is the claimants’ responsibility to return home and not the Secretary of State’s responsibility to support those who choose to remain in the UK illegally.

JUSTINYK · Post by **JUSTINYK** » Sun Jul 28, 2013 5:44 pm

wiggsy wrote: difficult job, = over reactions in many cases...

Simply , this is not professional .
i am treating between 40 and 50 Insurance problems cases per day, so angry costumrs with bad heath statues and need theirs money to live , I am doing more than my best and i never found an excuse for my mistakes , . we are just insurance company , so people expect more from UKBA.

for me is not matter of difficult or easy job , it about respecting people and treating every case apart , and trying to analyse to situation not searching for the smallest mistake no say : NO , WE ARE SORRY.

any way i don't have experience yet with UKBA , but i am reading and i am collecting information and i am trying to understand the system of work of the UKBA , to not do mistakes .

I hope the best for everyone, with UKBA cases and immigrations stories.
i hope the best for me also soon

.

and i will have a positive answer with my eea fp , im saying since now : IS WITH THE HELP OF THIS FORUM ! and the competence of stuff and members !

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wiggsy · Post by **wiggsy** » Sun Jul 28, 2013 5:54 pm

JUSTINYK wrote:Simply , this is not professional .

Exactly, the key part of our complaints... UKBA / Home Office are not professional.

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what about this point ?

what about this point ?