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EEA 2 REFUSED with right to apeal ADVICE NEEDED PLEASE

Posted: Tue Nov 20, 2012 2:28 pm
by misscam
i am

Posted: Tue Nov 20, 2012 6:43 pm
by Obie
Which country was this proxy marriage conducted?

If you have been living with him for two or more year or you have a child together, or joint financial arrangement, that can prove durable relationship.

How come you have up to 23/12 to appeal. Is this an EEA family permit appeal from abroad, or a Residence Card appeal from the UK?

If you have not got documentary evidence to prove your relationship, but friend and family or religious organisation can attest to it, then your best bet is to appeal, where oral evidence can be taken into consideration. Also, them may also address the validity of the marriage.

hi

Posted: Tue Nov 20, 2012 9:22 pm
by toni34
but you can apply as an unmarried partner of an eu national.you dont need to be married to get eea2.but you need to prove the relationship is real.and you must be living together in a marriage like relationship for two years.that is what i did 2 years ago and mine was granted 3 months later.

Posted: Wed Nov 21, 2012 9:20 am
by misscam
ye

Posted: Thu Nov 22, 2012 5:13 pm
by Kitty
You do not have to send your supporting documents with the appeal notice. You can state that they will be provided at a later date (there is a box for this on the form).

Are you sure about the deadline for your appeal? 23 December is a Sunday. However, 23 November is a Friday. What is the date on the decision letter? Are you certain that it is a decision letter and not a request for further documentation?

Are you still instructing your solicitor? What does he/she say (given that he probably knows the case best)?

Posted: Thu Nov 22, 2012 5:28 pm
by Obie
You have not answered my question, what country was your proxy marriage conducted?

I am not sure the deadline for your appeal, but it is 10 days from the date the decision was served on you. So you have to be pretty quick if you have not already sent the notice of appeal to tribunal.

I am confident it is not 23-12 that the deadline elapsed. I believe you mean 23-11. That will be tomorrow, so you better send it. However this could be what kitty said, a request for further document, although the UKBA have ceased to do that, the most recent practice is to return application and advice applicate to apply when they have got the necessary document.

Durable relation is a community law term, which involve a thorough examination of the relationship, and taking into account factors like, the length of relationship, whether there are any children, joint financial committment, and evidence from mutual friend and relatives, or members of the community, future plans, can all persuade a judge that a relationship is durable.

I am not really sure the requirement for registering a marriage, but i believe the requirement to seek permission from UKBA no longer exist.