RC EEA2 refused... need advice....

[Scolastique]

Good evening everyone,

My husband and I arrived in UK in June, I am a EEA National and my husband is from Nigeria. He entered with a EEA Family permit we got while leaving in Canada.
We got marriage in Nigeria in June 2012.

We applied for a EEA2 residence card in July, as job seeker.
The UKBA refused the RC for two main reasons:

The first reason is : the EEA national sponsor is not registered with the Department of Work and Pension.

I am now working full time with a temporary work agency.

The second reason is: The paragraph 11 (1) (a) of the Nigerian Marriage Act states ''before the registrar can issue the certificate he must be satisfied that one of the parties has been resident within the direct for at least fifteen days preceding the granting of the certificate"

We got marriage on the 28th, I arrived in Nigeria on the 25th and my husband on the 18th. But my husband was born and bread in Nigeria, at that time he was a student in Scotland, with a student visa. I believe he was then legally resident of Nigeria.

On this basis, the UKBA considered our marriage as invalid.

Besides, this condition is valid in order to satisfy the registrar, since he delivered the marriage certificate, and the marriage is genuine; we believe the UKBA has no right to not recognize our marriage.

We actually appealed the decision for an oral hearing. But my question is: should we think about doing a civil partnership in the UK (if my husband can get back his passport) and then re-apply. Or do we have good chances to win the appeal?


The other concern we have is that my husband got a good job and they are actually asking him proof of his right to work. I could read on the forum that while appealing, he keeps his rights. But we do not have anything to prove he appealed and we are quite afraid that if the company call the HO they say he is not allowed to work…..

Can somebody help us we some advice...

Thanks in advance for your time.

[Obie]

I believe you may wish to appeal, this is the type of decision which they are unlikely to change via a reconsideration or a new application.

[OlaDPounds]

Good evening everyone,

My husband and I arrived in UK in June, I am a EEA National and my husband is from Nigeria. He entered with a EEA Family permit we got while leaving in Canada.
We got marriage in Nigeria in June 2012.

We applied for a EEA2 residence card in July, as job seeker.
The UKBA refused the RC for two main reasons:

The first reason is : the EEA national sponsor is not registered with the Department of Work and Pension.

I am now working full time with a temporary work agency.

The second reason is: The paragraph 11 (1) (a) of the Nigerian Marriage Act states ''before the registrar can issue the certificate he must be satisfied that one of the parties has been resident within the direct for at least fifteen days preceding the granting of the certificate"

We got marriage on the 28th, I arrived in Nigeria on the 25th and my husband on the 18th. But my husband was born and bread in Nigeria, at that time he was a student in Scotland, with a student visa. I believe he was then legally resident of Nigeria.

On this basis, the UKBA considered our marriage as invalid.

Besides, this condition is valid in order to satisfy the registrar, since he delivered the marriage certificate, and the marriage is genuine; we believe the UKBA has no right to not recognize our marriage.

We actually appealed the decision for an oral hearing. But my question is: should we think about doing a civil partnership in the UK (if my husband can get back his passport) and then re-apply. Or do we have good chances to win the appeal?


The other concern we have is that my husband got a good job and they are actually asking him proof of his right to work. I could read on the forum that while appealing, he keeps his rights. But we do not have anything to prove he appealed and we are quite afraid that if the company call the HO they say he is not allowed to work…..

Can somebody help us we some advice...

Thanks in advance for your time.

Hi appeal is your best option here and don't panic because you have options.

the first reason for refusal was based on your are not registered with the DWP and the question is are you registered with the DWP and do you have an N.I number for N.I contribution?

The second reason is: The paragraph 11 (1) (a) of the Nigerian Marriage Act states ''before the registrar can issue the certificate he must be satisfied that one of the parties has been resident within the direct for at least fifteen days preceding the granting of the certificate"

I can tell you that HO have always wrongly interpret that particular part of the Nigerian marriage act. Paragraph 11 (1) (a) of the Nigerian Marriage Act states ''before the registrar can issue the certificate he must be satisfied that one of the parties has been resident within the direct for at least fifteen days preceding the granting of the certificate" it didn't state that one of the parties have to be in the district for fifteen days immediately before the marriage it has only required one of you must have lived there for 15 days and your husband have lived there for several years so he met the requirement on that bases.

Does your husband have parents or close family in Nigeria who can get to the Marriage Registry Registrars Office? If yes he must use a solicitor's channel to send a letter to the registrars office demanding for a confirmation letter which will basically states that the registrar was satisfied your husband have lived and was a citizen of the country at the time of the marriage so they therefore accept he met all requirement by the law and the only reason HO can invalidate the marriage can be read on section 33 or 31 of the Nigerian marriage act.

Good Luck.

[chaoclive]

I just noticed that the OP is working for a temporary work agency - would this have been an issue? I.e. she is probably working as a temp and not a 'permanent' staff member.

Would such an issue exist?

[askmeplz82]

I just noticed that the OP is working for a temporary work agency - would this have been an issue? I.e. she is probably working as a temp and not a 'permanent' staff member.

Would such an issue exist?

No. Agency work always temporary anyway . it can be 3 / 6/ 12 months contract. Employed by an agency or directly

[chaoclive]

So even agency work counts under the Directive? I remember seeing that it wouldn't work under Surinder Singh though. Is that right?

[askmeplz82]

So even agency work counts under the Directive? I remember seeing that it wouldn't work under Surinder Singh though. Is that right?

the law says:

The British citizen must be residing in an EEA Member State as a worker or self-employed person only

Agency workers are classed as "workers" rather than as employees.

[chaoclive]

Oh...not sure what that means but oh well!
Thanks for replying

[EUsmileWEallsmile]

I just noticed that the OP is working for a temporary work agency - would this have been an issue? I.e. she is probably working as a temp and not a 'permanent' staff member.

Would such an issue exist?

I can't see why this would be a problem. Perhaps, it might be less convenient than "conventional" employment in terms of demonstrating that one is a worker, but no problem in principle.