In horrible positin (family member of EEA National)

[dgres]

My visa was expired in May but I married my girlfriend in the same month. Subsequently i posted eea2 residence card application to UKBA. UKBA officers burst in my home on 27th july and detained me in offence of overstaying my visa. I repeatedly told immigration officer that this is against the EU treaty laws. I offered phone number of my wife who is siting her sick father back home but officer refuesed to speak to her. But detained me under the offence of section 24(b)(i). I spoke to solicitor who says detention is illegal and she will go to court for me next week. I dont know what to do. Gross of injustice.

Anyone with expert advice, please help.

From Detention Center.

[kampk121]

From Detention Center.[/quote]
you need to tell more about ur back ground, like which kind of visa u had before it expired? and what nationality ur eu partner has?

[toni34]

mate hw convinient that ur partner is nursing her sick father.do you know hw many stories those immigration officers had heard.think of something else.

[Obie]

I sympathise with your situation, but i have to warn you, that simply being the spouse of an EEA national, does not confer on you any rights to be in the UK. You have to meet two requirements.

1. The marriage should not be a sham ( the burden of proof for this one is on the person asserting this) as long as you have provided a marriage certificate, you have more or less discharged that burden. If they want to assert that your marriage is a sham they will need to provide the proof

2. The person has to be exercising treaty rights in the UK.

You should firstly get the UKBA to provide you with a refusal letter, which will hopefully explain their reasons for their actions and hopefully give you are right of appeal. I will be very surprised if they haven't already done so.

You wife will also need evidence from her employer is she is a worker or evidence of her activity if she is a self-employed person, that she is residing in the UK

[dgres]

Thanx very much for your expert opinion Obie. My wife have already done arrangements for traveling to UK. Yes you are right UKBA have refused my EEA2 Residence Card application. They have faxed me the refusal letter which states the reason for refusal. They have given me the right of appeal, which i have to launch in next 5 working days.

These are two main grounds on which they refued my application:

1 - I applied Certificate of Approval (COA) with diiferent partner (I requested to withdraw this COA before i could marry with my wife. Although UKBA did not mention this withdrawl requests anywhere while explaining the reasons.)

2 - When they came in my home apparently they did not find belongings of my wife.

Now If my wife comes in and presents herself in court.
Does these above two reasons matter?

According to my solicitors they dont, As this proves she can go to any length to be with me.

Now i am wondering what will happen next. If i will appeal against the decision and if i appeal decision comes in my favour, will they give me RC straight away?
Can they keep me detained while my appeal is being processed?

[Jambo]

My wife is here in UK again

My wife have already done arrangements for traveling to UK

Just a friendly advice if you want to win the appeal, stick to one story which is the truth. If it would seem as if you are twisting the facts, it would be more difficult to prove your case.

[Qman]

You have not give us timelines for the COA application. It is possible they view your marriage as a sham marriage, seeing as you applied for a COA (which details the duration of the relationship, evidence and circumstances of your meeting your fiance) with another woman then from their point of view, as soon as the requirement for COA was removed you found, met, proposed and married your current wife.

It is not impossible that this may be the case but you have to admit, most marriages do not follow this course in such a short space of time. Common sense says you may need to prove a relationship with your wife.

I just read an article about a couple on Tyneside that just got arrested this week for a sham marriage after getting wed way back in February so do not think the UKBA are done with you once you are married.

I'd seek legal representation ASAP if I were you, and tell him the FULL story.

Good luck

[86ti]

It is not impossible that this may be the case but you have to admit, most marriages do not follow this course in such a short space of time.

Not to forget that the initial leave expired just in the same month the marriage took place.

I'd seek legal representation ASAP if I were you, and tell him the FULL story.

The OP just said in the post above yours that he already has a solicitor. The solictor obviously believes that those two concerns won't matter.

[Qman]

The OP just said in the post above yours that he already has a solicitor. The solictor obviously believes that those two concerns won't matter.

Sorry, I misread that. Solicitors will tend to say a lot of things, you just have to hope they actually have a lot of experience in these types of cases and not just doing the straightforward ones.

There is a line on how they define "suspicious" or potential sham marriages, and as 86ti said, if the marriage/relationship was entered into around the time leave was due to expire or after leave to remain expired.

It's a tricky one, it's all down to how genuine it is (plus evidence) and what they can prove.

[Obie]

I believe you would firstly need to apply for bail. As your removal is not imminent, as you have an appeal right, which you have a right to exercise in the UK, i believe there is a good chance you will be granted a bail.

You really need to come up with a good defence about these facts they are using against you. I accept also, that there may be perfectly reasonabe explanition for those reason they used for refusal.

I am a bit concerned with about the first reason. But you may have a good explanition for it.

The second reason would certainly not have carried much weight, without them adding the first.

What it seems they are trying to say is that this marriage is not genuine, on the basis that you proposed to marry two people within a quick succession, and the person you finally got married to is not in the country. I am sure you appreciate how a judge will view this evidence, in the absence of a strong defence to counter it .

Like i said, there may be perfectly good explanition for this, which would be accepted by the HO and the judge and your appeal may be allowed.

I wish you all the best for the future, and wish you well in your endeavours, in this particularly difficult time in your life.

[Punjab]

definately a confusing story

[vinny]

See also New bail guidance and AVID Handbook.