Genuine marriage declared marriage of convenience by judge.

[musa92100]

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[Obie]

Well, the judge has made an adverse credibility finding on you. If those findings are baseless, then you have to apply to the Upper Tribunal for Permission to Appeal to them. Failure to do so will result in the Home Office using this against you in future application.

If the finding was on things like the judge not satisfied your partner is exercising treaty rights, then you could have lived with that. But a finding on marriage of convenience should not be allowed to go unchallenged.

[musa92100]

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[Imshzd]

There are 2 different things.
Firstly as you said that ukba refused your application that your wife did not completed 12 months,
Secondly,you are still saying confusing words that marriage of convenience?
Did they refused you on the grounds of marriage of convenience??
Let us know

[spike_UK]

There are 2 different things.
Firstly as you said that ukba refused your application that your wife did not completed 12 months,
Secondly,you are still saying confusing words that marriage of convenience?
Did they refused you on the grounds of marriage of convenience??
Let us know

Imshzd is right, now we are confused instead of you!!!

[Directive/2004/38/EC]

Can you please type in exactly what was in the court ruling. That would help.

[musa92100]

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[Imshzd]

Well, the judge has made an adverse credibility finding on you. If those findings are baseless, then you have to apply to the Upper Tribunal for Permission to Appeal to them. Failure to do so will result in the Home Office using this against you in future application.

If the finding was on things like the judge not satisfied your partner is exercising treaty rights, then you could have lived with that. But a finding on marriage of convenience should not be allowed to go unchallenged.

That is best advice for you.

[Obie]

firstly the judge mentioned that my wife did not work for 12 months and later in paragraph she wrote that this marriage is, marriage of convenience and i am not the family member of EU citizen .So my appeal is rejected.

That is a clear error of law for which you will obtain permission to appeal.

There is no requirement for A8 national to have worked for 12 months. Even when the WRS existed, the family member of an A8 national could secure a FMRS for a year until the EEA national had worked for 12 months.

This judges does not seem to know the law.

Even if he/she was correct on the genuine nature of the marriage, the finding on the 12 months is sufficient to get that decision set aside, as marred by errors.

[EUsmileWEallsmile]

@musa92100, it might be worth returning to your previous post

http://www.immigrationboards.com/viewto ... ht=#560284

When and how did spouse manage to obtain the other nationality? Was it from birth, ancestry, etc? Was this obtained prior to the application for RC or not?

[Obie]

Thanks for bringing this post up. It has opened more question .

Firstly, how long did your wife work as an Au-pair?

Was the Judge aware of the Hungarian Nationality or did he simply ignored it?

[musa92100]

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[musa92100]

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[EUsmileWEallsmile]

To summarise then, the EU national applied on the basis of being Romanian, not Hungarian. The appeals were also on this basis.

A Hungarian does not require permission to work in the UK and so the application process would have been easier if that route had been taken.

[Obie]

Had she worked as an Au-pair for a complete 12 months, prior to your marriage?

You could apply using her Hungarian nationality now.

It could not be held against the judge that he failed to take account of her Hungarian nationality, if it was not mentioned to him in the first place.

You ought to have appealed. You could file in a late application notice, and if the case is compelling, you mau be granted permission to appeal.

If that failes, you could make another application, and provide more evidence of a genuine relationship, and if that fails again, and a right of appeal is denied, you could proceed with a Judicial Review claim.

In those circumstances, it could not be held against you, that all the evidence provided in your application, has been assessed by an independent judge.