Immigrationboards.com

Peace be upon everyone in this forum.
I have just been Refused a residence card by the UKBA. I am well educated and know very well about the grounds on which A person could be refused or "should not be refused". However, i still felt like sharing my situation for those of you who might be interested and for the benefit of the people who visit this forum in the future. So my story is that:
Me and My wife got married in The last week of October 2012.
I applied for residence card on the last day of October 2012.
According to UKBA, they issued me with a certificate of application on 23 November 2012. However, none was recieved.
After complaianing and involving my MP I recieved a certificate of application on 12 Jan 2013, dated 9 Jan 2013.
on 25 Jan 2013 I recieved the refusal letter dated 22 Jan 2013. My passport retained by them.
Reasons for refusal was that your wife is not excercising treaty rights in the United Kingdom. They further claim that they wrote me on 2 Jan 2013 asking for more info, i never recieved this letter.
A little background on my application:
My wife is a romanian national and I applied on the basis of her being self sufficient.
What documents did i attach with my application?
My wife Romanian ID card, her Romanian passport and her UK driving license.
Aviva comprehensive sickness insurance cover for both of us.
My bank statement covering more than 2 months, holding more than £3000
Our marriage certificate.
My passport.
A covering letter explaining that my wife has been in the UK since 2010 and she never claimed any public funds.
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They never mentioned why do they think that my wife is ot excercising treaty rights.
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Well, having said the above, i think any reasonable person with an understanding of EEA regulations might think that my wife is self sufficient.
As far as I am concerned, i believe that they have refused me because the funds were held in my account and not in my wife's account. However, I am going to argue in front of the judge, that if i would have paid the same funds in my wife's account, then UKBA might have wondered that if my wife is not working, how did she manage to get £3000 in her account. UKBA would definitely ask this from us and we have a common law duty as citizens to tell them the truth that I paid these funds in her account. Having said that, any reasonable person would suspect that ours is a marriage of convenienece and in thata case, it would have been very hard to explain that why i could not show the same funds in my account or in a joint account and why did i have to pay them in my wife's account.
And the refusal letter does states that insurance cover has ben considered by the UKBA.
Secondly, i would use the fact and evidence of my lost Certificate of application against UKBA to tell the judge that thier post system is definitely weak as they often lose posts. I shall even point out towards evidence of my certificate of application being lost to argue that if they could lose one post, then thier is a genuine chance that they could even lose second one.
I hope the judge shall see my reasoning and agree with me.
At the moment, i am not planning to get legal advice.
I shall keep you all updated and remember me in your prayers.
God bless you all good people (even the bad ones lol )

Well things are not black and white. You were married in October, sent your application at the end of October. Provided bank statement of 3000 with your application, did not show evidence that you wife has access to these funds, did not show the source of this funds and the frequency with which you will get it. Whether it will derive from lawful employment or investments.
That funds is not sufficient for a family of 2 to live on for more than 2 months in some part of the UK especially in London. Taking into accounts rent, living cost, bills and council tax.

Some may argue the refusal was sort of justified. I have also changed the font size of your post, as bold post is not allowed.

thanks a million for that thoughtfull reply.
I shall be sure to address this at my hearing.
Secondly the concerns you have riased were definitely in my mind. I mean of course we need to show where thses funds are coming from and we mentioned this in the covering letter. And especially about the part of my wife not having access to these funds is definitely credible.
I will be sure to address these matters and believe me I already have the reasons for this. Not just reasons, but evidence that my wife does has access to these funds.
However, aren't we a couple now? I mean UKBA did not claim marriage of convenience and anything like that, that means they accept our marriage is genuine (it actually is!!!) and therefore we are a couple and we could access each other's funds

They tend not to lay all their eggs in one basket.

Furthermore it is only if someone will be entitled to Residence Card, that marriage of convenience is used.

If in their view, a person is not qualified, they dont use marriage of convenience.

thats well said.
However, during the immigration appeal, i am only required to address those matters which have been raised by the refusal notice.
Secondly, our marriage is not one of convenience, and we can prove that, therefore, we have nothing to fear regaring that.

You are right, but this does not fetter the SOS from raising other issues.

The Judge can, of his own motion raise an issue of the genuine nature of a marriage too.

What will amount to an error of law, is if they dont allow you time and the opportunity of providing further evidence to rebut a claim.

I am no insuniating your marriage is convenience, just saying you should prepare for all eventuality.

Hi,
i sent my appeal yesterday using the Royal Mail special delievery.
CAN ANYONE ADVICE ME HOW LONG WILL IT TAKE FOR THE TRIBUNAL TO PROCESS PAYMENT AND ISSUE A HEARING DATE?
and what would be the next step? will I get a confirmation of appeal lodged or will i get a hearing date straight away
Thanks

Obie wrote:You are right, but this does not fetter the SOS from raising other issues.

The Judge can, of his own motion raise an issue of the genuine nature of a marriage too.

What will amount to an error of law, is if they dont allow you time and the opportunity of providing further evidence to rebut a claim.

I am no insuniating your marriage is convenience, just saying you should prepare for all eventuality.

I was hoping you would reply to my previous question, as you are an old member of this forum and seem to be knowledgable on this subject

familymemeberBR5 wrote:Hi,
i sent my appeal yesterday using the Royal Mail special delievery.
CAN ANYONE ADVICE ME HOW LONG WILL IT TAKE FOR THE TRIBUNAL TO PROCESS PAYMENT AND ISSUE A HEARING DATE?
and what would be the next step? will I get a confirmation of appeal lodged or will i get a hearing date straight away
Thanks

HEy there i saw your post and im just writing to find out about your timeline....How long does it take the tribunal to get back in touch with you... also secondly can you please let me know if your passport was held while you were refused