refusal of eea family permit

[farooq12]

hi everybody i am indian married to polish national in india and applied for eea family visa but it was rejected.the grounds it was rejected are
1.i overstayed 5 years but i told them in the interview
2.they say that my marraige certificate is not genuine
3.in the occupation column it should be my spouse occupation but it was written housewife will it make any difference.
4.i worked illegally when i overstayed but i told them this as well.

finally they think it is the marraige of convineince but its not.they have given me a refusal letter and appeal form to appeal.
my question is can i get visa if i appeal and how long it takes because
we are going to have our baby next march she is in poland at the moment not in uk and not working now but she woked before in uk for 8 months.when i applied first time four months back in june 07 she was not pregnant.please advime me what to do can i go poland applying visa from here or should i appeal. i am desperate to join her.

[John]

There are a number of matters that concern me about this, not least that you are in India and your wife is in Poland, and you are applying to the UK for an EEA Family Permit. Frankly I am not surprised that you have been refused.

Firstly, can you join her? Haven't got a clue about whether you need a visa to travel to Poland, or if you do then how you go about getting that. But maybe someone else can help about that aspect? Anyone?

Secondly, you need to appreciate that the EEA Family Permit is to permit you to go to the UK, with your wife, the EU national, exercising her EU Treaty Rights in some way. But she is pregnant, so will not be working even if she does travel back to the UK? That is, she will be self-sufficient, one way of exercising her Treaty Rights. But what evidence did you produce to show that your wife can support herself even if she did travel back to the UK?

Marriage Certificate not genuine? Where did the marriage take place?

[avjones]

On what basis did you apply? What Treaty Right(s) was your wife going to exercise?

[vinny]

On what basis did you apply? What Treaty Right(s) was your wife going to exercise?

i.e. Is she a qualified person?

[nea200pl]

...can i go poland applying visa from here or should i appeal. i am desperate to join her.

Yes, you can definitely go to Poland applying for your visa in India. More information can be found here: http://www.polandembassy.in/consular.shtml
If your marriage was valid in Indian law there should be no problems for you in obtaining polish visa for longer stay than tourism. It does take a while, dough, as there are many documents needed but with your wife help you will be successful.

I think it is a very good idea, as in case of your appeal it will show them that you are serious in your marriage and want your family to stay together.
Good luck.