EEA2 REFUSAL PLEASE ADVICE ME

[medhardy8as]

Hi, my wife is an EEA national studying in the Swansea while I work in Scotland. We got married in Edinburgh in January 2014. I sent my application to the Home Office in January ensuring I included all the documents required including, AVIVA comprehensive insurance cover, letter from my wife's bank showing she had sufficient funds, letter from her uni, marriage certificate, my bank statement showing sufficient funds and a cover letter which i thought was crucial concerning my address. Because, I had a job that required me travelling and relocating across the UK, I did write a clear letter informing the HO about it. Thus, I informed them to send all correspondence to my wife who had a stable address in Swansea as a student.

I did receive the COA at my wife's address in February. I moved to Glasgow due to my job in February. In July, I came back to Edinburgh but in a new address. Immediately, I wrote a letter to the HO about it and informed them that my wife is pregnant now in her late trimester. When the six month period elapsed, I called the HO to make a follow up. All i was told was that my application was on hold.

Yesterday, I got the refusal letter after seven (7) months from HO stating that:
They made a pastoral visit to my old address (used on the application) and there was no sign of me and my wife, though, they know that my wife is in Swansea studying. Also, that they sent an invitation for an interview with my wife which we never honoured. Finally, though, they received a letter from me in August about my new address and my wife's pregnancy, no pregnancy evidence was provided. So, on these, grounds, they deem that our marriage is that of convenience.
I need advice please as what to do. Appeal or what? Getting solicitors seems very expensive. Any suggestions getting one at a reasonable rate. No mention in the refusal letter that any document was missing. One more thing, the HO whether deliberate or not did not return the letter I wrote to them about my change in adress due to my job. I dont know why and what steps to take. Any advice is welcome please. Sorry for the detailed insight into this case. Thanks in advance

[Obie]

Well it is open to you to both appeal and reapply. I know from experience that appeal are listed much quicker in Scotland than the UK.

I think you need to explain the situation clearly, and explain why you were not at that address and, provide evidence of a genuine relationship.

A doctors letter about her pregnancy, will be helpful.

Under EU law, you are not required to live together all the time, so you cannot be penalized for that.

[Imshzd]

If both of you are not living together and HO visited on your old address then in both cases refusal is wrong and illegal.
There is no legal requirement to sent the proof of pregnancy reports..So. This refusal point is also illegal.
If first interview invitation letter was not honoured then HO should have to sent another invitation letter to you.So this refusal ground is also wrong and not enough to claim your marriage is one of the convenience.

[medhardy8as]

Thanks so much for the quick response. I did explain to the HO in clear writing regarding my address that would be changing due to nature of my job that required relocation. I told them that all correspondence should be sent to my wife's address in Swansea. They claimed that the invitation letter was sent but we did not show up. This is untrue honestly as we did not receive any letter from the HO other than the COA. Like you rightly mentioned, they should have send another invitation letter but none of that happened.

I want to appeal this decision asap as my wife is due to deliver any time. I never knew the HO needed proof of pregnancy otherwise, I would have provided it. We provided all the documents they required in the original application. The only reason they refused it was that they came to my old address and could not see me. I updated my new address online and even sent a letter which they acknowledged but they just decided not to come to this new address. However, when I requested my passport they did send it to this new address. If they were in any doubt, I assume they should have come to this new address or maybe call or email me.
Any suggestions of a good solicitors that are reasonable to get please? Any advice please is welcome. What more evidence should I present to the tribunal to convince them? Thanks.

[Obie]

Well they cannot send another invitation unless they have a positive evidence that one sent was not received.

[medhardy8as]

Thanks Obie. The HO purported that they sent me an invitation letter but I did not receive it. Can I ask how does one show a positive evidence that the invitation was not received? How do I prove that please? Any idea how long the appeal process takes? If my solicitor proves that our marriage is genuine, what happens next? Will the HO issue the residence card immediately? Thanks.

[Obie]

I believe you will be fine, based on your circumstance.

[medhardy8as]

Thank Obie. By God's Grace, I will appeal.