on the hearing day

[ultrasamy]

Hi .. Im a non eu national and my wife is a eu national , I applied for a residence permit on the basis of my wife but was refused by home office on two points :

1) we changed the address and failed to update the HO and a visit from a home office official confirmed that we were not living at that address .

2) my wife was on a sick leave and later decided to quit coz of health problems but we failed to notify the homeoffice about her work changes .

On the day of appeal we produced al the documentary evidence which showed that my wife was still exercising her rights as she was self employed and had a business registered on her name and we apologise for not updating our address with the HO (point 1). But one of the answers given by both of us was not matching regarding how many people live in our property with us currently , so the HO representative raised a new issue and questioned the credibility of our relationship ...

I was worried and was curious if any body came across this before and what would the judge decide ? Will I be refused coz of that only one mismatch of answers ?? Having covered tge two points on which HO refused us , will we still suffer coz of the one silly issue raised by the HO representative about the credibility of relationship


Any advice would help a lot
Thanks

[Obie]

It may very well be fatal.

Whoever was advising you should have made it clear to you, that the issues will be whether or not your wife lives in the UK, whether you live with her, and what the makeup iof your household is, to confirm you both live in the UK, if not as man and wife.

In EU law, you are not required to live together, but she is expected to be living in the UK and exercising treaty rights here.

Notwithstanding the fact that you are not expected to be living in the same house, if the judge find that your evidence on the makeup of your household is inconsistent, he/she may form the view that your relationship is one of convenience.

[ultrasamy]

Thanks for your response .... im actually living with my wife in our house and we are a genuine couple ... We covered the two points on which we were refused and never thought we would be asked about number of people living in the property. .. we even did our religious customary wedding and my wife has even switched her religion and we have provided all these evidence tooo ...

[Obie]

I understand that. It may well be the case that your relationship is genuine, but inconsistency in answers to straightforward question, could have an adverse effect on credibility, and give ammunition to a grumpy judge to reach an adverse conclusion.

I wish you all the best though. Relax and wait for the determination, it may well be the case that these concerns are proven unnecessary.

[Davmck70]

In a bid to reduce immigration in accordance to directives from the government officials, the UKBA continues to find faults with all applications and this is outrageous to the point that the judicial system is now congested with appeals of all kinds where HO is meant to exercise discretion. Most times, it has been recorded that HO representatives do not even turn up because the judges are beginning to word them up verbally for a lack of application of discretion and doing the proper thing. Just my thoughts as I have been witnessing loads of appeals at FT and HT.

[ultrasamy]

Hi .. thanks for all your help .. I got the appeal in my favour Alhamdulilah and the judge only took four days for the determination .... I hope now that the HO will also show the same speed in processing my visa ..

[OlaDPounds]

Hi .. thanks for all your help .. I got the appeal in my favour Alhamdulilah and the judge only took four days for the determination .... I hope now that the HO will also show the same speed in processing my visa ..

Congratulation to you Ultrasamy and thanks to the moderator Obie and Davmck70 for our advices as I come across your consistent comments and advises on the platforms on the forum.