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The original decision as related above is outrageous. Decision makers can, where they have strong suspicion to believe that a marriage is not genuine, conduct further enquiries. It is up to the applicant to demonstrate that they are married, that's it.Sally3134 wrote:Hello, my husband is an Australian with a Greek passport and I am Australian.
We applied for an EEA Family Permit in Athens in September 2013. Our application was then sent to Serbia for processing. Two weeks later it was refused on the grounds that we did not prove that our marriage was not one of convenience.
We believe this was because my husband received his Greek passport in September and because we had only been married for 6 months - we married in March 2013.
We immediately appealed this decision and sent nearly 100 pages of bills, photos, wedding receipts etc showing we had been together for 2 years - including living and travelling together.
The office in Serbia was given until 14 January to respond to our appeal. Today I have received a letter from the First Tier Tribunal saying that they have not received a response and that the appeal will be heard on or after March 13.
My question is how can the Serbian office not respond? They were given three months to assess our documents. Why should we be punished and have to wait another two months for the matter to go to the tribunal.
Does anyone know if Serbia can still respond and deal with our appeal before March 13?
Any advice much appreciated!
Thank you
What about sickness insurance, has it required for period before June 2011.EUsmileWEallsmile wrote:OK, it would have been better if you'd clarified that you were in the UK from the outset. No problem, it is clear now.
In order for him to be considered to be legally resident in the UK, he requires to show that he is a worker, a student or self-sufficient person. If the latter two, he will require sickness insurance for himself and his family members and not be a burden on the social support system of the UK. If he satisfies this, then he is entitled to have his family members reside with him.
It is possible for you to provide the sufficient resources, but sickness insurance will still be required.
His illness may complicate matters for you.
What does he do in the UK?
Did you tell them you are already in the UK?Sally3134 wrote:Thanks for that information. I have just had a call from the British Embassy in Athens that they are overturning our visa refusal.
We now just have to decide if we go back to Athens to get the EEA Family Permit or apply for the residence card.
The EEA national in question is a worker. He doesn't need insurance.noluck wrote:What about sickness insurance, has it required for period before June 2011.