Below is the Refusal Letter.
Your Application
You have applied for admission to the United Kingdom by the virtue of European community law as the family member of a European Economic Area national who is exercising,or wishes to exercise,rights of free movement under the treaty of Rome in the United Kingdom.
The Decision.
You have provided a certificate to show that you married a Polish national(Name)on (date).This application follows 2 months after your marriage.
As Evidence that you are in a genuine relationship your have provided some photographs.The vast majority of the photographs are from your wedding day. The other photographs in the absence of other satisfactory evidence merely demonstrates that you have met.
You have not provided any other satisfactory evidence that you are in a genuine relationships,e.g evidence of how,where and when you met or further evidence of how you have kept in contact during periods apart,before or since your marriage.This list is not prescriptive.Whilst you have submitted some e-mail correspondence with your applications.The name of the sender and recipients of these mails is not clear.
You have not provided any satisfactory evidence that you and your spouse are living together or that you have lived together in the past either before or after your marriage,e.g letters,cards,utility bills or bank/other statements addressed to you showing the same address in Poland or elsewhere.Again,this is not prescriptive.
The definition of 'Spouse' in the immigration(European Economic Area)Regulations 2006 does not include a party to a marriage of convenience.In the absence of satisfactory evidence I am not satisfied you are not a party to a marriage of convenience and are therefore I am not satisfied that you are the family member of an EEA national in accordance with Regulation 7 of the Immigration(European Economic Area)Regulations2006.
I therefore refuse EEA family permit application because I am not satisfied that you meet all of the requirement of Regulations 12 of the immigration(European Economic Area)Regulations 2006.
End of Bad Letter.
Now,let me preface my submissions by stating clearly.
I have ne'er read a dumb and irresponsible refusal letter in my entire life until today.
I took along with me for my interview my wedding album and pre-wedding session photographs,my wife's support letter stating our intention and purpose of travel,which was a 5 day visit to the U.K,as she works here in Poland for an American company.she only could afford those few days.My marriage had in attendance over 60 guests,from My family in Africa,my wife's parents and family and friends from the States,Spain and the U.K ,the wedding album speaks for itself.
In addition I reluctantly gave away few emails,dating back to 2012,I met my wife in 2011 on my second visit to Poland from Portugal.
I also included in my application,her 6 months payslips.
Her bank statements.
As regards our email correspondence---my email name which is not my name,but an adopted English name,which I deliberately used after my email was hacked by my ex-girlfriend.I decided to play safe by using a name,which appears on my signature.Besides that,my wife's email bears her name and even her workplace.I'm taken aback by the claims that my email or hers is not clear.
For heaven's sake,our correspondence wasn't an official correspondence.Where in the world will lovers be corresponding to each other and have to state their full names,while corresponding?....the use of pseudonym,nicks,romantic names I believe in my opinion is what one uses,not a full name in corresponding to supposedly ones love.
My wife explained in her support letter,the year we met,got engaged the purpose of travel.To my surprise,this was also mentioned as a reason for refusal.
Needless to say,that in the emails I submitted it showed clearly...how my wife bought my flight ticket online to and fro Poland during my visit and forwarded the tickets to my mails.Also in one of my mails,was our wedding planning arrangements,the no of guests,list of things to buy,everything u can plan for a successful wedding.
Now I have not read anywhere in the so called European Regulations where time frame is a clause or seen as a reason to deny one in exercising his rights.
My applications follows 2 months after my wedding.So what!.Do I have to wait donkey years to prove my wedding is not of convenience.How dumb and insane can such statement be.I have ne'er come across a situation,where I am been subjected to such mockery.A mockery of my wedding,a wedding that took place in a roman catholic Church,where my wife and I went through a mandatory counselling sessions,rigorous checks by the civil authority and months of wait to get a final approval.I am not only perplexed but mad at how they could pen down such pronouncement...'marriage of convenience.'
Well,it's a drafted letter,a non-complimentary statement which I guess is officially used for this kind of purpose.
I am a resident in Portugal, in fact. ..2 weeks ago I applied for Polish residence,hoping I could still retain my Portuguese residence as well,because I was told by a Portuguese lawyer,that it's possible to retain my residence and also have a Polish residence,this I have found not to be true,cos just few days ago,the Polish immigration service sent me a letter,and setting a date for an interview,which in fact was the same day I was suppose to travel if I had gotten the Family Permit,which is on 6th of September.I went to the Polish Immigration office and I asked about me retaining my Portuguese residence,having explained I would be eligible for nationality next year in Portugal,and I was advised to contact the Portuguese Immigration service.I was told in principle it is not possible,as it is not possible to have 2 resident permit at the same time,that I have to choose one.
The reason why I am explaining this is simple,I do not have any joint bills with my wife,since I don't live here.Though since January,I have been in Poland,and I registered my presence at my wife's parent home,where she also have her permanent address.In Poland,u barely see people who give house contracts,as a lot of landlords will not want to pay extra tax to the govt.So there are no utility bills in our names,the landlord lives in Ireland,so she pays by bank transfer to his account.
Since 2011,I met my wife,I have been to Poland and spent both Christmas and New year,and Easter,together with my wife at her parent's place.
The definition of marriage of convenience does it also include the family members of my wife,my own family from Africa,the Priest who conducted our wedding,the civil Authority,my guests.
According to the E.U definition and prescription of marriage of convenience.
1. A "marriage of convenience" means a marriage concluded between a national of a Member State or a third-country national legally resident in a Member State and a third-country national with the sole aim of circumventing the rules on entry and residence of third-country nationals and obtaining for the third-country national a residence permit or authority to reside in a Member State.
Factors which may provide grounds for believing that a marriage is one of convenience are in particular:
the fact that matrimonial cohabitation is not maintained,
the lack of an appropriate contribution to the responsibilities arising from the marriage,
the spouses have never met before their marriage,
the spouses are inconsistent about their respective personals details (name, address, nationality and job), about the circumstances of their first meeting, or about other important personal information concerning them,
the spouses do not speak a language understood by both,
a sum of money has been handed over in order for the marriage to be contracted (with the exception of money given in the form of a dowry in the case of nationals of countries where the provision of a dowry is a common practice),
the past history of one or both of the spouses contains evidence of previous marriages of convenience or residence anomalies.
3. Where there are factors which support suspicions for believing that a marriage is one of convenience, the Member State will issue a residence permit or an authority to reside to the third-country national on the basis of the marriage only after the authorities competent under national law have checked that the marriage is not one of convenience, and that the other conditions relating to entry and residence have been fulfilled. Such checking may involve a separate interview with each of the two spouses.
4. Should the authorities competent under the laws of the Member State find the marriage to be one of convenience, the residence permit or authority to reside granted on the basis of the third-country national's marriage will as a general rule be withdrawn, revoked or not renewed.
5. The third-country national will have an opportunity to contest or to have reviewed, as provided by national law, either before a court or a competent administrative authority, a decision to refuse, revoke or not renew a residence permit or authority to reside.
6. The objective of the Resolution is not to introduce systematic checks on all marriages with third-country nationals. Checks will be carried out only where there are well-founded suspicions.
7. The Council will review the implementation of the Resolution once a year, starting from 1 January 1999.
4) DEADLINE FOR THE IMPLEMENTATION OF THE LEGISLATION IN THE MEMBER STATES
5) DATE OF ENTRY INTO FORCE (if different from the previous date)
Not required
6) REFERENCES
Official Journal C 382 of 16.12.1997
7) FOLLOW-UP WORK
IMPLEMENTING MEASURESI have not applied for or wish to apply for a residence permit in the U.K,and I don't intend to...knowing fully well I would loose the opportunity of applying for my nationality in Portugal,Where I have lived for 5 years,and only will complete the mandatory term of 6 years next year.
With all the evidence I had supplied the UKBA,I am not only furious at the reasons they gave,but I intend to reapply and also write a protest letter.
Please,tell me the way forward as regard my situation.I was hoping this was a straightforward issue,I guess I was deep wrong.
Thanks for your anticipated advice.
