Hi all. I am new here and I would like to share my story and perhaps get some advice from you guys as what to do next?
I am Polish citizen married to an Indian since October 2011. We have been together since the end of 2007 and we were living and working in UK before. I was in UK for 5 years and my husband was even longer, about 8 years.
My husband applied 3 times for EEA Family Permit in India. First time in Chennai on January 2012. The refused without interview him or me. First refusal in Chennai :
You have applied to join your wife who is an EEA national residing and working in the UK. Your application has been assessed against the EEA regulation requirements for direct family members.
You have provided a copy of your wife’s EEA national passport which I note has not been endorsed by a Polish Embassy in the country of application or endorsed by the passport issuing authorities or
Polish consular services in the UK.
I also note you have not provided a copy of your wife’s Home Office registration. This is a requirement under EEA regulations and following such registration your wife would be given an EEA residence permit card for the UK.
Taking into account your circumstances, based on the information you have provided and considering your application as a whole, I am not satisfied that you meet the requirements for non
EEA national spouse of an EEA National applying for an EEA Family Permit.
I went to Polish Embassy in UK and endorsed my passport copy. However I never registered myself in Home Office.
No one never told me that I have to do it. Since 2007 I was legally working in UK and also I am Polish so I thought I do not need any residence card for the UK.
My husband got sent to Mumbai due to work. We
had right to appeal but instead we did mistake and reapplied in Mumbai. We gave as many documents as we could including pictures of us starting from 2007.
For the second refusal everything came even worse :
You were interviewed by this office on 30 May 2012. I acknowledge that during the interview you demonstrated a good knowledge of your sponsor; however I am also aware that such information
could just as readily be rehearsed prior to lodging your application; furthermore, friends for example would also have a similar knowledge of each other.
I also acknowledge that you have now had a copy of your sponsor’s passport certified by the relevant authority;
however, you have failed to provide a copy of your sponsor’s Home Office registration as highlighted within the previous refusal notice.
This is a requirement under EEA regulations and following such registration your sponsor would be given an EEA residence permit card for the UK.
You have provided a marriage certificate dated 25/10/2011;
however, I am aware these are readily available in India and I have other concerns regarding this as detailed below.
You state that you met in October 2007; that your relationship began in December 2007, and that you have resided together in the UK from September 2008 to January 2011.
You also state that you lived together whilst your sponsor was in India. You state that you maintain regular contact by telephone.
However, you have provided no evidence to show that she was in India at the time of the stated wedding (25/10)2011). There are no photographs of the wedding;
I am aware that the vast majority of settlement type
applicants are able to provide photographs of what should be a very important day.
There is no evidence of you residing together in the UK or India during the times you state.
There is no evidence of the regular contact by phone that you state you have with your sponsor.
The web chats/e-mails you have provided could be manufactured on any home computer and are therefore not reliable.
You have provided some photocopies of photographs;
however I am aware that copied
documents cannot be relied upon as they may be manipulated during the copying process.
You stated that you were doing your Masters in UK.
However you have provided no evidence to show that you attended any study in the UK for the full period that your study visas covered.
Your application has not been refused for the reasons covered in this paragraph but this
does indicate your disregard for UK immigration Law, which in turn brings into doubt your reasons for applying at this time as well as other aspects of your current application as detailed above and
below.
All of the above casts doubt upon the claims made concerning your relationship.
Given the above and in particular the lack of evidence regarding the time you state you have spent together (in the
UK and India) and the lack of evidence regarding the personal contact you state you have by telephone, I am not satisfied that you have genuinely formed a relationship or that your marriage is
subsisting.
You have therefore failed to demonstrate satisfactorily that both you and your sponsor intend to live permanently with each other as his or her spouse or that there is any affection and support between you.
You have also failed to demonstrate that there is any substance to the
marriage and this gives rise to suspicions that your marriage is one of convenience to facilitate your entry to the UK.
I am therefore not satisfied that you meet the requirements of Regulation 2(1) of
the Immigration (European Economic Area) Regulations 2006.
On the evidence you have presented and considering your application as a whole, I am not satisfied that you meet the requirements as the spouse or partner of an EEA National as defined by
the Immigration (European Economic Area) Regulations 2006.
I have also taken account of article 8 of the Human Rights Act. I consider that refusing this application is justified and proportionate in the exercise of the immigration control.
I do not believe that refusing this application will interfere with family life, for the purposes of article 8 (1), as you can continue to enjoy that in India.
During interview my husband explained that I had mobile on "Pay as you Go" so I could not provide history of calls and we also contacted each other on Skype camera. He also explained that we were renting room in our landlord's house and we were paying him cash monthly and also the landlord was paying all bills by himself.
We also had the right to appeal but we did another mistake and reapplied again in Mumbai.
That time my husband gave original pictures of us (around 90 pictures) and it was another refusal with the same words as in the second letter. ECO added only that we look like friends on the pictures not like couple, even thou we gave very very personal pictures of us and also pictures with our families and friends.
I also would like to add that all the time I was in UK and my husband was applying by himself in India. I never got any phone call from UKBA and they never called our families or friends to verify our marriage.
I am sorry that I've posted so much. I hope someone can advice me what to do next? This was last year and after third refusal I left my job and life in UK and I joined my husband in India.
Regards, A.
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