ECM REVIEW Stage !! OVERTURNED!

[Alik8]

I've appealed the Decision of ECO need your Opinion on my previous refusals was that a fair decision of ECO ? doesn't look to me and my lawyer here is a quick brief ! so my wife appealed on my behalf by fax on 28 Nov , Now we called AIT and they said appeal is in Decision making Post for ECM Review .

Background !

I've got 2 refusals with different regulations , first refusal was because , i have submit Copy of my EEA partners passport , Marriage certificate original translated , and they refused cuz we forgot to attached her divorce certificate , and they said we have not provided payslips , bank statement n blah blah ,

then my wife instructed a lawyer and we made 2nd application with all the documents include Payslips council tax , bank statement , passport copy divorce certificate Phone history and everything as lawyer said , after 22 days they ( BHC )called me and asked me about my wife's legal residency prof , is she legal in uk n blah blah , we called our lawyer and he faxed a letter to BHC , then ECO called me again after 15 more days for Interview , i went for it , it went all well and smooth , ECO said we will make a decision and let u know , next day they refused me again , in refusal ECO said appellant don't have meaning full savings plus my pocket money is lower than uk's minimum wage ,and that my wife is 3 year older than me , and in interview when he asked me a question that if he refuse this application will my wife come and live with me here in Saudi , answer was No ,

Refusal The ECO subsequently concluded that im not her family member in accordance with Regulation 7 of the 2006 Regulations & Regulation12 of Immigration


In the current refusal notice ECO confirms that me and my wife maintained Contact since she went to Uk ,

Here is what i think,

ECO does not need to be satisfied about whether or not appellant has ownership of any fixed financial assets or meaningful savings.The EEA Regulations 2006 make no mention of the applicants’ income or savings to be part of the requirements for the EEA Family Permit. The ECO must have known from the application i can't sponsor my wife's application for saudi visa as i am dependent on my father so clearly im not in a position to sponsor her.

[Directive/2004/38/EC]

Where is your EU citizen wife? Is she working?

The ECO subsequently concluded that im not her family member in accordance with Regulation 7 of the 2006 Regulations & Regulation12 of Immigration

What exactly did the ECO say?

[Alik8]

Where is your EU citizen wife? Is she working?

The ECO subsequently concluded that im not her family member in accordance with Regulation 7 of the 2006 Regulations & Regulation12 of Immigration

What exactly did the ECO say?

ECO said I (appellant) don't have meaning full savings plus my pocket as my (salary) money is lower than uk's minimum wage ,and that my wife is 3 year older than me so i am satisfied that u are a part of marriage of convenience

[Directive/2004/38/EC]

Where is your EU citizen wife? Is she working?

[Alik8]

Where is your EU citizen wife? Is she working?

She's in UK and working full time

[EUsmileWEallsmile]

I've taken your posts to mean that you are outside the UK and your EU wife is in the UK working.

If she is working in the UK, your savings are not relevant.

[EUsmileWEallsmile]

and that my wife is 3 year older than me so i am satisfied that u are a part of marriage of convenience

What? This is no basis for concluding this.

In order for us to help you, please consider posting all the information pertaining to your refusal. Where you were refused; what information you'd supplied; your nationalities, etc.

[Alik8]

and that my wife is 3 year older than me so i am satisfied that u are a part of marriage of convenience

What? This is no basis for concluding this.

In order for us to help you, please consider posting all the information pertaining to your refusal. Where you were refused; what information you'd supplied; your nationalities, etc.

I am Pakistani national and my wife holds norwegian passport so We first applied with marriage certificate and with a copy of her passport , they refused , applied again with all the relevant documents including council tax,bills,bank statement,her wage slips,accountants letter, Employers letter,Phone bills and history since she went to uk ,


Here is ECO's wording

I Note that the tradition is Pakistan is for marriages to be arranged by parents within the extended family , between person of the similar age, with no previous marriages you and your sponsor are unrelated outside marriage and that your sponsor is three years older then you and she is a divorcee. Your sponsor may fully intend to live with you in subsisting marriage but it is your intentions that must be paramount in deciding application, i have considered your financial circumstances in KSA, you are under the sponsorship of your father, you claim to work for your father and receive SAR 4000-4200 (666-700 Pounds) per month as pocket money which is low than uk's minimum wage , i am therefore satisfied that you do not have ownership of any fixed financial assets or meaningful savings in the KSA.

Pakistani cultural normal practices and given your doubtful full financial circumstances in the KSA. I am satisfied that you are a party to a marriage of convenience.

You are therefore not the family member of an EEA national in the accordance with Regulation 7 of the immigration (European Economic Area) Regulations2006. I therefore refuse your EEA family permit application because i am not satisfied that you meet all of the requirements of Regulation 12 of the immigration (European Economic Area) Regulations2006

[Directive/2004/38/EC]

I am Pakistani national and my wife holds norwegian passport so We first applied with marriage certificate and with a copy of her passport , they refused

For the first application, why did they refuse? What exactly did they say?

How long have you been married? Have you lived together since marrying?

[Alik8]

For the first application, why did they refuse? What exactly did they say?

How long have you been married? Have you lived together since marrying?

For the first application we have submit Marriage certificate, copy of her passport and just a latter from her employer ECO was not satisfied cuz divorce certificate was missing , ECO state that i am not satisfied that she was free to marry me when we got married and there is no prof that EEA national is exercising treaty rights in Uk

We got married in NOV 2011 and lived together for 2 months ,

[Directive/2004/38/EC]

Here is ECO's wording

I Note that the tradition is Pakistan is for marriages to be arranged by parents within the extended family , between person of the similar age, with no previous marriages you and your sponsor are unrelated outside marriage and that your sponsor is three years older then you and she is a divorcee. Your sponsor may fully intend to live with you in subsisting marriage but it is your intentions that must be paramount in deciding application, i have considered your financial circumstances in KSA, you are under the sponsorship of your father, you claim to work for your father and receive SAR 4000-4200 (666-700 Pounds) per month as pocket money which is low than uk's minimum wage , i am therefore satisfied that you do not have ownership of any fixed financial assets or meaningful savings in the KSA.

Pakistani cultural normal practices and given your doubtful full financial circumstances in the KSA. I am satisfied that you are a party to a marriage of convenience.

You are therefore not the family member of an EEA national in the accordance with Regulation 7 of the immigration (European Economic Area) Regulations2006. I therefore refuse your EEA family permit application because i am not satisfied that you meet all of the requirements of Regulation 12 of the immigration (European Economic Area) Regulations2006

I should not be providing any information about your financial situation. It is 100% not relevant to an application.

Did they ask to interview you? Did they ask about your time living with your wife?

[Alik8]

I should not be providing any information about your financial situation. It is 100% not relevant to an application.

Did they ask to interview you? Did they ask about your time living with your wife?

Yes ECO did call me for interview , and it went great until his last question, he just asked me when did u got married and some random dates like when we got married , when she went to Uk , when did u first met, and where she works how much hours she works , and about her siblings after that he asked me that will your wife will come and live here with u if he refuse this application.


After driving 1235Km in a night i was like who the heck is this IDIOT when he asked me his last question How many savings do u have, and do u have any English language certificate

So i politely explained that this application is under EEA Regulations 2006 so i don't have to show how much savings i have , and as a EEA family member i don't need to submit English language certificate , He skipped for while and said oh yes u don't need that , but he was keep saying that i have to show how much saving we have, even as an EEA Family Member , after that he said ok we will make decision and let u know .

[Alik8]

I've taken your posts to mean that you are outside the UK and your EU wife is in the UK working.

If she is working in the UK, your savings are not relevant.

Today i just Received a call from British embassy and they want my Passport with appeal withdrawal form , is there any form for that , what should i do?

[keffers]

If the Home Office has withdrawn from the appeal, the tribunal will issue and send to you a Notice of Withdrawal (IA52) confirming that they have withdrawn. If the HO has withdrawn, it is this document that the Embassy is requesting.

You should receive it within two weeks of the withdrawal (assuming normal postal facilities apply).

Make a copy before sending.

[Alik8]

If the Home Office has withdrawn from the appeal, the tribunal will issue and send to you a Notice of Withdrawal (IA52) confirming that they have withdrawn. If the HO has withdrawn, it is this document that the Embassy is requesting.

You should receive it within two weeks of the withdrawal (assuming normal postal facilities apply).

Make a copy before sending.

Thanks for reply, thing is that someone called me from embassy and he said Send your Passport through VAC , and u will find that appeal withdrawal letter from VAC [VFS] so im confused because from what i understand they want me to sign a withdrawal letter first

[keffers]

If the Embassy issue a visa/permit while an appeal is outstanding there is an internal proceedure to follow for advising the Tribunal etc. I would not sign anything to indicate you are withdrawing from the appeal.

If you are entitled to a permit it cannot be conditional upon withdrawing from an appeal.

[Jambo]

I agree. Never trust something you have been told over the phone without having a written proof.

[Alik8]

I agree. Never trust something you have been told over the phone without having a written proof.

So i've got an email from British Embassy this is what they said.

Please be advised that you appealed against the decision made at AIT on 28 November 2012. The case was reviewed and subsequently your appeal has been overturned by Post (British Embassy). Therefore, you have been invited on 29th Jan 2013 to submit your passport to the Visa Application Centre as soon as possible.