EEA Family Permit Refused?

[marcopolo77]

Hi Team,
I've read a lot on the forum and decided to seek help.

Me:I'm Italian, living and worked in the UK for 9 years and have a PR card.
Wife: She's from Malaysia.

The EEA Family permit has been refused on the ground of "Marriage of convenience..." stating that we fail to show that we are in a durable relationship and therefore not satisfied that we are a genuine couple....

I met my (now) wife in december 2015, she was on a Tier5 Mob visa. her visa was expiring late december and she left the UK 1 week before her visa expired. I decided to join her for a 10 days travel trip in Europe before she went back to Malaysia. We kept in touch every day, I went to visit her in Feb 2016 for 13 days in Malaysia.
She then applied for a short-term student visa in May and entered the UK again mid July 2016. She moved with me and we stayed together until the end of her visa. We then got Married in Denmark in January 2017 and she went back to Malaysia 1 week before her visa expired. I went with her for 15 days.

We then applied for EEA family permit in March 2017 and she just got the refusal.

We provided all the necessary documents as well as:
- 72 pictures (wedding, family, friends, our travel together, engagement etc..)
- Whatsapp and Line/Facebook chats during the time we were not together.
- Copy of our travel tickets and hotel bookings etc.
- My financial situation (I am way above the minimum requirements if there was any....)
- We have bills and joint account for the 6 months we were living together.
- Statements from family and friends that we are together out of love.

Th refusal states that we fail to show this is a genuine marriage and that it is her 3rd attempt to re-enter the country and that we married so that she can have the rights to remain in the UK...

I don't understand how the ECO managed to get to this conclusion? I love my wife and cannot stand to have my country of adoption refusing my wife to join me...

What could I have done more? what would be the next steps?
Appeal would take months or maybe year... It is unbearable.
Re-apply yes, but what more can I provide???

Thanks..

[MrSlyFox]

Wife: She's from Malaysia.
I met my (now) wife in december 2015, she was on a Tier5 Mob visa.

Malaysian citizens are not eligible for a youth mobility visa, Is she a British overseas citizen?

[marcopolo77]

Wife: She's from Malaysia.
I met my (now) wife in december 2015, she was on a Tier5 Mob visa.

Malaysian citizens are not eligible for a youth mobility visa, Is she a British overseas citizen?

Sorry, forgot to say she is Taiwanese Malaysian and hold a Taiwanese passport as of 5 years ago. Thanks for the heads up I think that refusal letter got me nuts.

[MrSlyFox]

Have you had a look at the guidance for family members of EEA Nationals?
Page 33 has information about marriages of convenience:
https://www.gov.uk/government/uploads/s ... als-v4.pdf

[marcopolo77]

Yes we did, and our application has been reviewed by an immigration lawyer in the UK before we submitted. He doesn't really know how to explain either.

[Wise]

As they have pointed out that that is her third time of trying to re-enter UK and the HO always see that as being desperate, please can somebody tell me is that a crime/sin? i don't think so!

You have the right to write to them that your relationship is not fake and is their turn to proof it to you otherwise.

Not surprise at all as they are TESTING YOUR RELATIONSHIP on both sides (trust me). My advice for you is to re apply/represent it back with possibly additional proof of relationship but don't mind paying for the application fee though and through lawyer if possible.

That is one of the their tricks/way of refusing couple so that one will fed up and move on if they are not together.


Don't try to appeal if you do so they may put you both on a long green grass saying they have many applications to deal with and there will be nothing you can do. Good lawyer should know this anyway.

Good Luck.

[Wise]

Again for some lawyer it will look strange but for some you have already treated such cases like yours will know exactly what to do. I have seen many worst scenario that your and by challenging them they put their hands down at the end.

I wish you can just believed me. But if truly you're in love and married legally with each other then stand for your wife man! Don't forget even if your wife apply here in UK they can still come with these non sense reply as they have done to many people in the past. search the forum you may find some interesting story that will shock you and happy in the end.


Good Luck.

[marcopolo77]

Man I know. Believe me I'm completely speechless. Surely, yes, wanted to re-enter the Uk a 3rd time to be with you loved one shall not be considered a Crime.
Questionning the marriage is one thing, and with all the abuse those days, I understand.

But we have provided evidences for every single thing (except the obvious sexual relationship, talk to that..)

To be honest, we have 2548 pictures and almost 15MB worth of whatsapp records. I could print all the pictures and send them in a nice box to the HO but I am very very reticent to show all our messages I have with my wife to the HO officer I know nothing about.
I know with the Brexit stuff, I might be paranoiac, maybe they are really trying to get people out but surely this can't be legal? They are playing with people's life here. I have a job, my own company, several properties in the UK, what do I do? do I have to live without my wife now? Do I need to sell all I have, quit my job and leave abroad? I'm speechless, and in desperate need of advice.

[vinny]

Appeal and reapply.

[Youngbeard]

I think most of the cases would have to be taken to immigration court, unfortunately after the brexit saga started

[Wise]

I don't know if you have actually dealt with home office before in UK that's why i said am truly not surprise at all. Most time they do the same to British who is trying to bring spouse into the UK for the first time too and after appealing they get what they want,because the people who will judge the case they will decide on law and paperwork in front of them. Sometime they will even ask British to relocate to wherever their spouse is.

I am confident that in all western world of today they don't want to make things easy i .e immigration so that many people don't follow the same route and that's the key.

So calm down and do exactly what Vinny suggested and do it through lawyer and i don't know may be you can instruct any legal person from UK or get one from your wife country to assist over the case.

However, by doing so they may just choose not to waste time to come to the appeal with you and just consider your application. Again from many experience have seen so far it is not a fight for only you and your wife but i also believed in miracle.

Good Luck again.

[MrSlyFox]

I agree with Wise, I think they are living up to their name

[marcopolo77]

I'll take your advice and see how it goes. I've hired a lawyer to review the case again and see what we can do.
Will keep you posted..

[pb67]

marcopolo... did it work with the lawyer?