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Absolutely, even the EEA 4 application form seconds this.dalebutt wrote:Askmeplease, get real, this is real life, forget about everything written in the book, majority of us have substantial knowledge about Directive 2004/38/EC, it is a fact, UKBA have in the past curtailed RC 3 years after issuance, when they've suspected marriage of convenience, they have refused PR when they suspect marriage of convenience, and they are well within the legal remit to do so if they can prove that marriage might indeed be sham.
I think i have become quite nervous to understand this above statement..Davmck70 wrote:Guys,
Don't get things twisted. The visit is there as a procedure to confirm genuineness of marriages but in reality is impracticable which is why they have curtailed its use.
@askmeplz82 It is more expensive (has to be carried out by at least 6 paid men+cost of mobility to location visited and any injuries/insurance against rebellious contact that may fight back if the marriage is not genuine and resisting detention) compared to interviews (carried out at the protection of UKBA environments, only 1 person to interview you both)
@marry I would say no as reason given above. It takes about 4 weeks to approve a home visit
@dalebutt Your friend did not satisfy them hence the request for more documentation. It is difficult to prove especially when they initially doubt the genuineness of the marriage. He must have a Right of Appeal which means he has to prove his case in front of a judge.
@CODEBLUEDiscretion of the visit chief which might have been wrong as no evidence was taken into account... Most times they do not accommodate "the benefit of doubt" which is why there is a judicial process to prove beyond doubt when such situation arises.I had read about one or two similar visits here, but not many people talk about them. So i never really thought they would visit me. Why were you refused after they visited you??
Am not saying anything about people living together, there is nothing in the EU regulations that says couples should live together and a marriage can be perfectly legal even if the couple dont live together.askmeplz82 wrote:how is that possible. Do you think every EEA/NON EEA living together for 5 years after marriage ? If someone is separated after 1/2 years lets say. there is no requirement under EEA law for the couple to live together even if they are still married for 5 years after marriagelake1 wrote:I didnt say before applying for PR, I said when the person comes to apply for PR they can do a home visit.Imshzd wrote:Once the RC issued then it means that HO is satisfied on the applicants relation with the EEA national.
Then there is no point to visit applicants home before PR.
There are cases when RC is revoked even before the person comes to apply for PR.
If someone married today and don't live together then yes may be but if they separate after 6 months it can't be called a Sham marriage or marriage of convenience
I haven't heard from the UKBA since the visit. I am a little afraid, this being a holiday month, that i may receive a refusal(heaven forbid) at a time when all lawyers are away. The crap these people put genuine applications through...smhCODEBLUE wrote:I applied for my EEA2 in May this year and i got my CoA with right to work. Today, the 19th of November 2013, before 7 am, the UKBA guys showed up at my house. I counted about 3 guys, but i think there were 2 more outside. I am a non EEA national, my husband is an EEA national. They said they just wanted to make sure that i lived there and our relationship was genuine (after about 4 years together, it doesn't get real-er than that!) They only looked in the bedroom and said they were satisfied that we were genuine. They didn't ask any questions, but the lead guy explained why they do this, that they visit about 10 a day, and most times none of them are genuine. He said he was going to write his report and i should hear from them in a few weeks. It took about 2-3 minutes. So here's hoping for good news. Next week marks 6 months post application, so fingers crossed!
I called Thursday morning and they informed me that my application was still with the case worker.When i mentioned about the 6 month timeframe, they said that they aim to process all applications within that time but it may take longer. We have written to them twice with no reply. I asked an immigration solicitor about this, and she said that the 6 months is for EEA nationals, while for non EEA nationals like myself it may take up to 8 months. And i was like w-wh-wha-whaat??????????? bleep this!!Directive/2004/38/EC wrote:You should write to them to point out that they have a maximum of 6 months to issue the RC.
I hope the solicitor didn't charge you for this advise.CODEBLUE wrote:I called Thursday morning and they informed me that my application was still with the case worker.When i mentioned about the 6 month timeframe, they said that they aim to process all applications within that time but it may take longer. We have written to them twice with no reply. I asked an immigration solicitor about this, and she said that the 6 months is for EEA nationals, while for non EEA nationals like myself it may take up to 8 months. And i was like w-wh-wha-whaat??????????? bleep this!!Directive/2004/38/EC wrote:You should write to them to point out that they have a maximum of 6 months to issue the RC.
And this was from what we thought was a prestigious firm. It was just an enquiry, no charge.Jambo wrote:I hope the solicitor didn't charge you for this advise.CODEBLUE wrote:I called Thursday morning and they informed me that my application was still with the case worker.When i mentioned about the 6 month timeframe, they said that they aim to process all applications within that time but it may take longer. We have written to them twice with no reply. I asked an immigration solicitor about this, and she said that the 6 months is for EEA nationals, while for non EEA nationals like myself it may take up to 8 months. And i was like w-wh-wha-whaat??????????? bleep this!!Directive/2004/38/EC wrote:You should write to them to point out that they have a maximum of 6 months to issue the RC.
I know!! i never heard of this! i researched and googled and i don't know what all, yet i could not find anything to this effect. We are not using their services, it was just an enquiry.Directive/2004/38/EC wrote:Put another way, you should suggest to your solicitor that maybe they should read the law before providing incorrect information.
It is 6 moths MAXIMUM for the Residence Card application. Always has been!
Just to buttress my point, read the below from the HO, its a case and what am pointing you too is ( Dorothy had entered into a sham marriage with the Dutch man in 2004. He flew back to Holland on the day of the 'wedding' and she was initially granted leave to remain on the basis of the 'marriage'. However, this was revoked in 2005 when it was established that the relationship was not genuine ) in this case a RC was revoked after it was issued, that shows having a RC doesnt mean it cant be revoked if new evidence comes to light or a home visit cant be done for subsequent application like PR.lake1 wrote:Am not saying anything about people living together, there is nothing in the EU regulations that says couples should live together and a marriage can be perfectly legal even if the couple dont live together.askmeplz82 wrote:how is that possible. Do you think every EEA/NON EEA living together for 5 years after marriage ? If someone is separated after 1/2 years lets say. there is no requirement under EEA law for the couple to live together even if they are still married for 5 years after marriagelake1 wrote:I didnt say before applying for PR, I said when the person comes to apply for PR they can do a home visit.Imshzd wrote:Once the RC issued then it means that HO is satisfied on the applicants relation with the EEA national.
Then there is no point to visit applicants home before PR.
There are cases when RC is revoked even before the person comes to apply for PR.
If someone married today and don't live together then yes may be but if they separate after 6 months it can't be called a Sham marriage or marriage of convenience
What am saying is the fact someone already has an RC doesnt mean it cant be revoked and that when they come to apply for PR the HO cant do a home visit. Home visit can be done with both application for RC and PR.
Hi Musa,musa92100 wrote:ya i am still waiting for my rc, as i applied in may 16 2013 got my coa 18 may 2013 since then nothing has been heard.
Anyway, am still hopeful. The struggle continues!P.P.P.S Am happy for all those who have got their RC's. Congratulations to you allCODEBLUE wrote:Hi Musa,musa92100 wrote:ya i am still waiting for my rc, as i applied in may 16 2013 got my coa 18 may 2013 since then nothing has been heard.
Ehh relief. Am not alone. Quite a number of people wrote they had received their RC's after applying waaaay after May and i was like..what the heck?!
Some Christmas this is panning out to be...
CODEBLUE wrote:I applied for my EEA2 in May this year and i got my CoA with right to work. Today, the 19th of November 2013, before 7 am, the UKBA guys showed up at my house. I counted about 3 guys, but i think there were 2 more outside. I am a non EEA national, my husband is an EEA national. They said they just wanted to make sure that i lived there and our relationship was genuine (after about 4 years together, it doesn't get real-er than that!) They only looked in the bedroom and said they were satisfied that we were genuine. They didn't ask any questions, but the lead guy explained why they do this, that they visit about 10 a day, and most times none of them are genuine. He said he was going to write his report and i should hear from them in a few weeks. It took about 2-3 minutes. So here's hoping for good news. Next week marks 6 months post application, so fingers crossed!
Fast Forward 02.01.2014, i received my package, signed sealed delivered! And just in time for the New Year too. The relief. Finally am free. Time to get my life!I have no idea. But i didn't want any more drama so i sent them a filled application form and a cover letter. It seems at the height of the UKBA madness in 2012,applications were being vetted by the blind rats running around the thousands of boxes piled up in dark dirty corners. The judge indicated on my determination that nothing made sense with my refusal. I guessed it was because of the split, that maybe a new team got my case and saw all the nonsense the previous team had scribbled all over my paperwork..Directive/2004/38/EC wrote:Good news!
Why did they ask you to submit a new application after the judge had ruled on the appeal?
Favour100 wrote:Congrat CODEBLUE, i am so happy for you, pls can you help me with M Clark email address, i will so much appreciate it pls, Thanks
