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HELP!!refusal EEA family permit,entry clearance under320(11)
Posted: Fri Mar 30, 2012 11:37 pm
by mamagrazi
Hi im EU sitezen living in a Uk 8 years. I have got marred with non- EEA national, before he aplied for a fiancee visa and had a refusal under320(11) si i went there to get marry, we going to try apply again but im so afraid that he will get again refusal under same act. we been together now 6 years and only recently got marred. is there is anything to overcome this roul? Please help.
Posted: Sat Mar 31, 2012 1:49 am
by vinny
Posted: Sat Mar 31, 2012 12:29 pm
by mamagrazi
Tank you for your replay could you please clarify its not aplicable because sircumstances changed from fiancee to spous?
Posted: Sat Mar 31, 2012 1:08 pm
by vinny
Posted: Sat Mar 31, 2012 2:15 pm
by Obie
320(11) is applicable if someone is applying for a fiance visa under the immigration rules.
The EEA regulation dont start to apply until after the marriage.
However if the fiance of an EEA national is refused under this provision, they could argue that the discretion under that provision should not have been exercised in their case, as it will hinder the EEA nationals free movements right. Depending on the circumstance and nature of their relationship and the planned marriage, they could argue their relationship is durable, as durable partners dont necessarily have to live in the same household to qualify. A committment for future marriage could indicate a durable relationship.
Seen as you are now married, i believe the issue under 320(11) is purely academic to your situation, as the EEA regulation is now fully applicable as Vinny correctly pointed out.
Posted: Sat Mar 31, 2012 5:36 pm
by EUsmileWEallsmile
You are together six years. That's a long time. You are married. You should have no problems under the EEA route. If you can show evidence of a long standing relationship, it will be even easier.
Posted: Mon Apr 02, 2012 12:44 am
by mamagrazi
EUsmileWEallsmile wrote:You are together six years. That's a long time. You are married. You should have no problems under the EEA route. If you can show evidence of a long standing relationship, it will be even easier.
thank you all of you for an info!!! now i can be sure that my husband soon join me here in uk n finaly we can be together! )))))
Posted: Mon Apr 02, 2012 8:29 am
by Directive/2004/38/EC
What do you do in the UK? Are you working?
Where does your spouse live presently?
Posted: Mon Apr 02, 2012 6:01 pm
by mamagrazi
Directive/2004/38/EC wrote:What do you do in the UK? Are you working?
Where does your spouse live presently?
yes i do work in a uk non stop since i came in a uk, my spouse unfortunately have been removed from uk in 2009 due to overstay, n now we got marred i had to go abroad to get marry because they have refused fiancee visa under 320(11), n unfortunate for me he is non-EEA national