Eea4 refuse please help

[Mojo12]

Hi every body I m news here I follow this form last 3 years very useful I need urgent help please
I am non ee family members i wife i Polish I am Indian
I got married 2004
Got 5 years visa 2007
After 5 years expir apply eea4 2012
Got refused due to not send my wife full 5 years job documents
apply again with full documents 2013
Got refused again job gaps 1 years
Applied in court and dismissed
Apply for eea2 extinsion 2014
Now after 11 months They call me for interwive
We been married 10 years now
I m fad up all this shit and now had problems with my wife so
If we dovice and don't go for interwive .
So will be happend and what I can do
Please if any body can help give advise
I been to many lawyers but all just making mony don't what to say
Thanks wating for help

[Obie]

Well in Law, you are not required to be living together , nevermind in a subsisting relationship.

EU law is different in that aspect to domestic law.

[chriskv1]

Have you not had any kids in your marriage ?
That would have made your case seem genuine as well. To HO that is .

[Mojo12]

Thanks obie and chriskv1
No I don't any children
Please give me some advice what
I have to do now my all documents and my
Passport with ukba

[Obie]

What has your lawyer suggested.

I am really puzzled that of the 10 years she lived in the UK, you were unable to get a 5 continuous years.

[Mojo12]

Thanks obie again
She work since we got married but
Fist 4 years and then she got last one gape
Then she started work again it's 4 yars so
It's almost 8 yars work
My lawyer say you have to go for interview
If not ukba will arrest you

[Mojo12]

She work from 2007 to 2010 for 4 years
She got one year gap
Then again she started work 2011 till now

[Obie]

What was she doing during the 1 year?

[Mojo12]

She spend 4 month back home look after her
Hill mother and we provide her mother doctor letter in court
And rest month she was looking new job
But we havet got any prove she was looking for job

[Mojo12]

Obie brother
i am suffering from last 3 years
And still not any results I apply for another
5 years extion why thy call me interview and we don't go for interview and dovice then I can still for extion or eea4

[Obie]

It is a complete mess. An EEA national os entitled to be away for a year, for an important reason.

Her continuity of residence was not broken by that.

Your lawyer should not threaten thar you will be arrested. That is rubbish.

[Mojo12]

Thanks obie
So whst you suggest what we can do
Now

[Obie]

You lawyer should advise you on the next step, as that's what you paid him for.

As to interview , I have had 4 people who went for it and they were fine. 3 was retention and 1 was marriage, and so there is no reason why you should not be fine.

[Mojo12]

Thanks obie
I going to see my lawyer on Monday
Then give you update
If you got more advice for me please post me
Thanks you so much and take care

[rosebead]

I have to say I find it incredible that the Home Office could call both of you for a marriage interview when you have been married so long and provided them with many years proof of living together. I thought the burden of proof was supposed to be with the Home Office, that is they must have good reason to think that your marriage is sham, such as a separation not long after marriage, before they are allowed to question your marriage. You have no choice but to attend the marriage interrogation unfortunately, even if the Home Office are in the wrong, but I do find it absurd.

[Mojo12]

Hi rosebead
Thanks for reply
We both call for interview but
My wife is fad up all about this and
We had argument and she say I am not
Going for it .
We call on 29 this month if we don't go
And dovice so what will happened
We live together last 10 years happy life
But ukba broke our relationship
Last 3 years thy playing with us
I don't know what to do now

[chriskv1]

Hi Mojo ,
My sympathies are with you.
It's really bad that your wife would say that ,when she knows that your residence is at risk.
May I ask you , Were you in the UK on a valid visa when you married your wife ?

[Mojo12]

Hi chriskv
Thanks for reply
That time my asylum case was refused and my
Case was on Apple in court
But same time got married and withdraw asylum
Case and eea2 application

[Obie]

I see no reason why you should fail. If you have had a genuine marriage and are now seperate.

You are covered by EU law until the divorce.

Your problem is the poor legal advise you received.

It is hard to conceive how a lawyer could do an application when they know the person does not have relevant treaty rights, and them take it to an appeal, bearing in mind the extra cost that such a process entails.

[Mojo12]

Hi obie
I am not worry about interview
Problems is I had augment with wife
She dont want go for it and if I go my self
They will asked me why she don't come for
Interview so it will affect my decision

[UKBA HUNTER]

The only solution of your problem is to restore the confidence and believe of your EU national wife by putting aside for a while the immigration issues because usually EU people do not like such hassles because of being blessed with heavy privileges by EU directive. You should not let down yourself and your EU partner only because of UKBA attitude after having being lived for 10 years with EU wife rather try to fix the problems. Try to change your mood and topics with her, try to talk happily and buy for her flowers followed by taking assistance from EU national's elders like mother/father who may fix the issues. Try to organize small holidays even locally and take her to nice resturant regularly but donot speak frequently about ukba with her.
Try to primarily save your marriage because starting divorce in the circumstances which are undergoing now may drag you further towards hell and pain.

[Mojo12]

Hi ukba hunter
Thanks for reply you give good confidence
I m try see what will be happend
Thanks again if you got more info please
Post it for me
Thanks

[Boris89]

Have you not had any kids in your marriage ?
That would have made your case seem genuine as well. To HO that is .

Hi Chriskv1,

what is the questionnaire ? i received questionnaire as well and replied.

can you please explain how long this wil take for decision after my reply ?

best regards

[maxmelion]

Thete are two things i dont understand them .
how come u have soliciter nd u r seeking advice from form ?
,frm what are writing ur case straight forward . So there is something missin in ur case
If u live with ur wife nd she exercise nd ur merriage is genuine nd u hav a solicieter so why u havnt get pr yet .
I think u should find new lawyer mate but be carfull most of like ur lawyer . I would like seek an advice frm specialist.
This forum is the best for eu cases specially as urs . Obie is assiting my case nd mine is well hard case but he making it easy nd simple .

[chriskv1]

@Boris : It's the same questionnaire you got.in my case they called me for an interview. Check my timeline but you can expect something soon from them.

And Mojo , Honestly I have to call you out on this. Is your marriage genuine ? Because no adult would do something to the extend of not going to an immigration interview just because there was an argument . I'm not being offensive , but if UKVI rejected your EEA 4 there's something missing.