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vinny
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Post by vinny » Sun Aug 04, 2013 2:11 pm

If you are a visa national, then you may have problems boarding your flight.

See also Subsisting marriage.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Post by EUfamilymember » Sun Aug 04, 2013 2:23 pm

vinny wrote:If you are a visa national, then you may have problems boarding your flight.

Thank you for a quick response. Quite confused with 'visa national' and 'non visa national'. I am from Poland. My husband from Bangladesh. We provided as they said 'not genuine marriage certificate' which a completely lie. Am I going to have any problems with entering UK?

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Aug 04, 2013 2:32 pm

Normally, anyone from Bangladesh will not be able to get onto an airplane to the Uk without a visa.

If you drive/train/bus to the UK, you likely will be OK.

And if you arrived in the UK, you would be admitted. But you will not make it onto the plane.

facts
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Post by facts » Sun Aug 04, 2013 2:55 pm

EEA national (wife) will not have problem entering UK.

EUfamilymember
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Post by EUfamilymember » Sun Aug 04, 2013 3:03 pm

Directive/2004/38/EC wrote:Normally, anyone from Bangladesh will not be able to get onto an airplane to the Uk without a visa.

If you drive/train/bus to the UK, you likely will be OK.

And if you arrived in the UK, you would be admitted. But you will not make it onto the plane.
Im not worrying about my visa, my wife going 2moro. she going to have any problem. cause they are saying our marriage certificate is not genuine.

i hope she will be fine.

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Post by EUfamilymember » Sun Aug 04, 2013 3:04 pm

facts wrote:EEA national (wife) will not have problem entering UK.
thanks your reply. i hope so. they just made our life hell.

facts
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Post by facts » Sun Aug 04, 2013 4:55 pm

She shouldn't be afraid. You have not done anything wrong. She should go back to UK and plan next steps. Don't give up!

Congratulations for wedding and best of luck :)

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Post by EUfamilymember » Sun Aug 04, 2013 7:49 pm

facts wrote:She shouldn't be afraid. You have not done anything wrong. She should go back to UK and plan next steps. Don't give up!

Congratulations for wedding and best of luck :)
thanks for your reply. lets see. basically she dont need to be in uk. not me either. we got our flat in uk and all our things. just she will go and pack our stuff and coming back to bangladesh.

all we are worrying for immigration will stop her. hopefully everything will be alright.

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Post by Directive/2004/38/EC » Sun Aug 04, 2013 11:00 pm

EUfamilymember wrote:thanks for your reply. lets see. basically she dont need to be in uk. not me either. we got our flat in uk and all our things. just she will go and pack our stuff and coming back to bangladesh.

all we are worrying for immigration will stop her. hopefully everything will be alright.
Are you worried that your EU citizen wife will be refused entry into the UK? That is very unlikely. Almost impossible.

I had understood that you were both planning to live in the UK. Have you changed your plans?

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Post by EUfamilymember » Mon Aug 05, 2013 10:51 am

Directive/2004/38/EC wrote:
EUfamilymember wrote:thanks for your reply. lets see. basically she dont need to be in uk. not me either. we got our flat in uk and all our things. just she will go and pack our stuff and coming back to bangladesh.

all we are worrying for immigration will stop her. hopefully everything will be alright.
Are you worried that your EU citizen wife will be refused entry into the UK? That is very unlikely. Almost impossible.

I had understood that you were both planning to live in the UK. Have you changed your plans?
Hi,

Thanks for your response. I stayed with my husband as above all is more important for me to stay with him then living alone in UK.

Im going through refusal we got yesterday and Ive got some questions. They started from quotes about marriage of convenience. Then they talking about my husband's previous immigration history (which as we know, they cant consider as long as we're genuine marriage). BTW we proved in a court once that he was caught unlawfully! Moreover, in this part they provide periods of my husband's employment but... those are mine! They simply made mistake with our application and say that my husband was working 9 months during 3 years and they wonder what he was doing for all that time, how he managed money. Hilarious! Actually he was working continuously 3 years (!) in a one place! We also provided contract and payslips! Furthermore, they say we didnt provide any proves that we were living together. First of all, we have never been thinking that we'll need such a proof so I haven't officially changed my address for a long time (guilty). Second of all, we have never been taking pictures at our place or wherever to show that we've visited some places. Simply, I don't like photos and he's photographer so we always have small fights:) Im not sure if taking huge amount of photos should be consider as a more genuine. Moreover, they say our marriage certificate is not genuine (after they said about my husband's previous immigration history). Now, we have no idea what they mean by that. Thats the only kind of marriage certificate that you can get in Bangladesh, the only and should-be legal. We're still working on it as we can go to court and solve this problem once. By this time seems like we're not married. Then they say: 'Given above and in particular the lack of information and evidence and the lack of personal contact I am not satisfied that you have genuinely formed a relationship.' My question is simple, maybe as a Polish I dont have a good reputation as I heard that Poles sell themselves for 10pounds, but how desperate I should be and my husband rich to move for 3 months to Bangladesh, living with his family, cooking for them, helping in a house and so on. We also had a huge reception which probably wouldnt take place if it's not genuine marriage! Probably getting married in UK for money is less painful then changing whole life. More jokes from this refusal: 'You have failed to demonstrate that both you and your sponsor intend to live permanently with each other as his or her spouse or that there is any affection and support between you'. Yes, I admit, is our fault that we thought our relationship is genuine in UKBA's eyes as I visited my husband twice per every week while his staying in detention center which is placed quite far from our place, hired a lawyer, contacted mp then traveled with my husband to Bangladesh so we didn't really worry about proving that our marriage is not a shame marriage. All in all, we need a good lawyer and a lot of time of staying separately. Anybody any ideas how can we solve this out?

PS. I didnt go as we wanted to make sure that our married certificate is legal so I can meet our mp. I even consider leaving UK and finding new place for us where there's no dearly beloved in government.

Sorry for a long post.

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Post by ukforever » Tue Aug 06, 2013 3:26 am

ukforever wrote:
EUfamilymember wrote:still waiting for my response. soo frustrating... going to be a month this week.
i strongly suggest that u and your wife go to the borders(preferably calais) and seek admission on the spot,its more likely that they will refuse your eea family permit,we all wish u good luck and hope that they will issue u the visa ,but sincerely i doubt it..we have seen so many times this happens,they keep people waiting for more than they should and at the end they refuse for very silly reasons.

take your wife,fly to paris or lille,take a train from there to calais and take a ferry by foot,get to the borders boots,the french will let u pass their side,and then u will get to the uk side,just be armed with your marriage certificate,both passports,a print outs of the directive 2004/38/EC,a print out of the METOK case of the ECJ and a covering letter that explains that your wife exercised her treaty rights in the past year in the uk,and that she is going to resume looking for work and that you are both going to reside in the uk and that under the eu regulation they should let u in..now,u need to remember something,the ukba would do their best to make your experience as painful as possible,because of your past immigration history as i've read about a similar case like yours in this forum where the couple in question got held in calais for around 7 to 8 hours,and the non eu citizen was in a detention room the whole time and was questioned for several hours 3 times during the interrogations and even his wife was questioned .

i'm just saying that u should know the risks,nevertheless,its better than getting a refusal,then if u choose to reapply u might get refused again for other reason and at the end if u want to appeal,the whole process would take around 6 month give or take..one of the members got refused and when he appealed,he got a positive reply after 7 months(DONALD_F case)
i don't know if i got the name right,but most of the gurus and mods remembers the case and might confirm the story.

there is some topics in the forum regarding calais and seeking admission at port (code 1A STAMP)and some couple's experiences.
Already gave u the way out in my message above,trust me,take your wife and seek admission at the borders and save yourself lots of pain,trust me if i tel u its not worth it if u appeal,they will drag you all the way,making u waste money on lawyers and court fees for months it could tgake up to 6 month,maybe less but would u take the risk??
its your choice mate,i would do that if i was u.
UK------++++-------****

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Post by EUfamilymember » Tue Aug 06, 2013 4:05 am

ukforever wrote:
ukforever wrote:
EUfamilymember wrote:still waiting for my response. soo frustrating... going to be a month this week.
i strongly suggest that u and your wife go to the borders(preferably calais) and seek admission on the spot,its more likely that they will refuse your eea family permit,we all wish u good luck and hope that they will issue u the visa ,but sincerely i doubt it..we have seen so many times this happens,they keep people waiting for more than they should and at the end they refuse for very silly reasons.

take your wife,fly to paris or lille,take a train from there to calais and take a ferry by foot,get to the borders boots,the french will let u pass their side,and then u will get to the uk side,just be armed with your marriage certificate,both passports,a print outs of the directive 2004/38/EC,a print out of the METOK case of the ECJ and a covering letter that explains that your wife exercised her treaty rights in the past year in the uk,and that she is going to resume looking for work and that you are both going to reside in the uk and that under the eu regulation they should let u in..now,u need to remember something,the ukba would do their best to make your experience as painful as possible,because of your past immigration history as i've read about a similar case like yours in this forum where the couple in question got held in calais for around 7 to 8 hours,and the non eu citizen was in a detention room the whole time and was questioned for several hours 3 times during the interrogations and even his wife was questioned .

i'm just saying that u should know the risks,nevertheless,its better than getting a refusal,then if u choose to reapply u might get refused again for other reason and at the end if u want to appeal,the whole process would take around 6 month give or take..one of the members got refused and when he appealed,he got a positive reply after 7 months(DONALD_F case)
i don't know if i got the name right,but most of the gurus and mods remembers the case and might confirm the story.

there is some topics in the forum regarding calais and seeking admission at port (code 1A STAMP)and some couple's experiences.
Already gave u the way out in my message above,trust me,take your wife and seek admission at the borders and save yourself lots of pain,trust me if i tel u its not worth it if u appeal,they will drag you all the way,making u waste money on lawyers and court fees for months it could tgake up to 6 month,maybe less but would u take the risk??
its your choice mate,i would do that if i was u.
OK, just couple of questions. First of all, after that refusal we got yesterday my husband might have problems with getting any visa to europe. we even planned to go to my country first, but it seems unlikely. moreover, if polish government refuses him, then his immigration history is going to be let say hard to cope with. But if we want to go to France, he needs a visa first. I can't even imagine that they refuse us and he needs to travel by himself back to Bangladesh. Secondly, if they let us in, on which basis my husband will stay in UK? Is it going to be a visa?

Obviously we have plan B. Which is exactly what you said, means Im going back to UK, finding a job, hire a lawyer, visiting my husband as often as we can effort (a huge help we're still getting from our parents, I think UKBA hasn't realized that with our application I attached letter from my mum saying that she's able to help financially when we get to uk. They just simply refused at the begging, bringing to the light my husband's immigration history and haven't considered that if it's marriage of convenience my family won't pay anything to us). Then apply once again and again...

Also when my husband was in detention centre he didn't have a chance to pay off his debts in a bank. May it be a reason to let him come in?

thnx for any help

ps. do you know anybody that did like this?

ps.2 about directive you mentioned: 'In the UK, the directive is transposed into the Immigration (European Economic Area) Regulations 2006 amended by SI 2009/1117 and amended by SI 2011/1247. The implementation is reasonably complete and accurate although non-EEA family members require an entrance clearance (called EEA Family Permit) to enter the UK even if they are in possession of a 5-year residence card of another EEA member state, in breach of the Directive.The UK law recognises same-sex relationships, and it also has a clause for unmarried/unregistered partners. Applications are free of charge.'
Seems like we cant do a lot.

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Post by EUfamilymember » Tue Aug 06, 2013 6:59 pm

anyone know about getting visa for poland from 3rd country ?

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Post by swordfish » Wed Aug 07, 2013 12:16 pm

EUfamilymember wrote:anyone know about getting visa for poland from 3rd country ?
from Swedish embassy and about your pm, we move UK 5th August. I also was deported from Cyprus.just like u, day before wedding. then my wife visited us and we married in Bangladesh. we certified our marriage certificate from foreign and law ministry of Bangladesh, Cyprus consulate in Bangladesh and also Latvian embassy in Greece. w also register our marriage in Latvia and we provide around 100 photos from our 2 years life. and result was in 11 days. u can find my check list in forum. my advise for u , attested ur marriage certificate from ministry and register it in Poland then reply. maybe it will help u.

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Post by Directive/2004/38/EC » Mon Aug 12, 2013 12:07 am

Maybe you can post please exact quotes from the refusal letter. Just what they said, right or wrong.

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Post by EUfamilymember » Tue Sep 03, 2013 10:37 pm

hello there, havent been here for a while, i think i need your help again.

we got married with register in special marriage act. ( already certified from law and foreign ministry ) and last week we got married also in a church.

now we got 2 marriage certificates. and both can be used in a embassy. i asked the priest and he said that christian marriage certificate also acceptable in foreign countries.

shall we use both of them in a same time? if not which one shall we use?

thanks

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Tue Sep 03, 2013 10:56 pm

EUfamilymember wrote:hello there, havent been here for a while, i think i need your help again.

we got married with register in special marriage act. ( already certified from law and foreign ministry ) and last week we got married also in a church.

now we got 2 marriage certificates. and both can be used in a embassy. i asked the priest and he said that christian marriage certificate also acceptable in foreign countries.

shall we use both of them in a same time? if not which one shall we use?
Did you get married in Bangladesh? What is a "special marriage act"?

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Post by EUfamilymember » Tue Sep 03, 2013 11:15 pm

Directive/2004/38/EC wrote:
EUfamilymember wrote:hello there, havent been here for a while, i think i need your help again.

we got married with register in special marriage act. ( already certified from law and foreign ministry ) and last week we got married also in a church.

now we got 2 marriage certificates. and both can be used in a embassy. i asked the priest and he said that christian marriage certificate also acceptable in foreign countries.

shall we use both of them in a same time? if not which one shall we use?
Did you get married in Bangladesh? What is a "special marriage act"?
yes we got married in bangladesh. special marriage act is for parties representing different religion. you can find more here

http://bdlaws.minlaw.gov.bd/print_secti ... .php?id=25

we also got married in church which is inter-religion marriage.

thanks for your quick reply :D

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Post by Directive/2004/38/EC » Tue Sep 03, 2013 11:35 pm

How long have you both been in Bangladesh for now?

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Post by EUfamilymember » Wed Sep 04, 2013 4:48 am

Directive/2004/38/EC wrote:How long have you both been in Bangladesh for now?
almost 6 months. just wanna know can we use both marriage certificate in a same time?

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Post by scorpio1 » Wed Sep 04, 2013 8:41 am

i will submitt one which is legally accepted in the country, two certificates will make confusion for other person.
but i try to figure out what was the outcome of last application as you stated on 27th July?

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Post by EUfamilymember » Wed Sep 04, 2013 1:58 pm

scorpio1 wrote:i will submitt one which is legally accepted in the country, two certificates will make confusion for other person.
but i try to figure out what was the outcome of last application as you stated on 27th July?
We got refusal for one reason, our marriage certificate was not genuine. We talked to lawyer that gave us this marriage, his license was expired. Therefor UKBA treated us as a couple and they were able to consider my husband's previous immigration history. But we have not 2 years relationship and my husband's immigration history... as I stated before, is a little bit complicated. Anyway, we got refusal.

Later on we got married and then found out that we can also take marriage in a church which should be more respectable.

Now trying to get polish visa for my husband, maybe later it will be easier to apply for uk. Does it make any sense to you, guys? We already accepted the fact, that for the next let's say 6 months we will not be together in uk. I am going back to uk next week to start a job and talk face to face with MP, maybe lawyer.

EUfamilymember's wife :D

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Post by Directive/2004/38/EC » Wed Sep 04, 2013 2:33 pm

I agree. Only use the governmemt issued marriage certificate. The other will just confuse the issue.

If you want to go to the UK, then reapply for there. There is no downside. You should provide evidence that you have already been together for two years now.

Do you have kids/property/joint bank accounts or anything else like that together with your husband?

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Post by EUfamilymember » Thu Sep 05, 2013 5:23 pm

Directive/2004/38/EC wrote:I agree. Only use the governmemt issued marriage certificate. The other will just confuse the issue.

If you want to go to the UK, then reapply for there. There is no downside. You should provide evidence that you have already been together for two years now.

Do you have kids/property/joint bank accounts or anything else like that together with your husband?
thank you for your response.
we are not together 2 years but 14 months. we also dont have joint bank account but we can easily make it in bangladesh. although i cant make a joint bank account in uk without my husband present as he needs to go there personally. we are also married already and we have legal marriage certificate. my question is: is it better to apply straight to uk or first go to poland, collect more evidence and then reapply? as i am going to uk soon i can get more documents like house agreement or references from our friends that we are together for a long time. i will also get a job contract as ukba mentioned that they are not sure if we intend to stay together in uk. is there anything else i can do for my husband?

EUfamilymember's wife

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Post by swordfish » Fri Sep 06, 2013 2:30 pm

EUfamilymember wrote:
Directive/2004/38/EC wrote:I agree. Only use the governmemt issued marriage certificate. The other will just confuse the issue.

If you want to go to the UK, then reapply for there. There is no downside. You should provide evidence that you have already been together for two years now.

Do you have kids/property/joint bank accounts or anything else like that together with your husband?
thank you for your response.
we are not together 2 years but 14 months. we also dont have joint bank account but we can easily make it in bangladesh. although i cant make a joint bank account in uk without my husband present as he needs to go there personally. we are also married already and we have legal marriage certificate. my question is: is it better to apply straight to uk or first go to poland, collect more evidence and then reapply? as i am going to uk soon i can get more documents like house agreement or references from our friends that we are together for a long time. i will also get a job contract as ukba mentioned that they are not sure if we intend to stay together in uk. is there anything else i can do for my husband?

EUfamilymember's wife
just curious, as u said u go through special marriage act, u get affidavit marriage certificate? if yes make sure the embassy accept the court marriage certificate. most of the Eu embassy dont accept court marriage certificate. i also wanted to do that but after i found most of the Eu embassy doesnt accept this court marriage certificate ( no idea about uk, but sure german, sweden, switzerland and some others) so then we did in muslim marriage act. it was easier.

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