Wife tried to sponsor another person

[Jayjay2017]

Hi, happy new year to you all. I recently applied for my EEA4 permanent residency.

However, I had discovered prior to my application that my EEA national wife tried to sponsor another man’s EEA2 application using a proxy marriage. This was although she was still married to me and we were not formally divorced.

Once I found out, I proceeded to initiate divorce proceedings. This was after almost 8 years of marriage and 5 years of my wife exercising treaty rights in the U.K.

I’d like to add that I only found out about my ex wife’s proxy marriage to the other individual only because of an ilr application I made under the uk long residency rules. This application was refused and one of the reasons was because of my ex’s failed EEA2 application for the other man.

In light of all of this, the Home Office subjected me to reporting conditions and took away my right to work (this has now been re-instated).

I was however wondering if there’s any way I can get out of the fortnightly reporting; as this is greatly affecting my chances of being employed.

I’ll appreciate any other advice that is given regarding my case.

Thanks

[Obie]

Very strange, so your wife tried to get married to another person and you were put on reporting, without any revocation of your EEA Residence card.

Very strange. There must be more to it than that. Have you got a revocation decision with a right of appeal?

[Jayjay2017]

Hi obie, thanks for your reply.

My understanding is that my residence card was revoked. As I later discovered following a subject access request that the Home Office tried to retrieve my ex spouse’s employment record from the HMRC. For some reason, they were not able to obtain the information and they consequently concluded that my sponsor was not exercising her treaty rights.

The long residency ilr refusal stated that I could not work and I was given an out of country appeal on the basis of what I have stated.

I tried to go via the judicial review route; however this was unsuccessful.

Following which I submitted an EEA4 application; following which the COA stated that I have a right to work.

However, I have still been reporting following the terms under my original long residency ilr refusal.

[Obie]

The Long Residence decision may be right, but you still need are entitled to a right of appeal unless it is certified. You also need to make a challenge on revocation basis if a revocation decision was never communicated to you, as a revocation decision is an EEA Decision.

You do have many challenges ahead, indeed.

[Jayjay2017]

Hi Obie, the Long residency decision was certified.

Also, just in terms of progress on my case; I have since submitted an EEA4 application with my ex wife’s 5 year employment history (HMRC letter and P60s).

I have also finalised my divorce from my ex and I submitted the decree absolute along with my application.

Any further thoughts on my case? Particularly as you stated that there may be potential challenges on the road ahead.

Thanks

[Obie]

It is likely they will question the genuineness of the marriage, the treaty rights, the credibility of your ex.

They will argue that your relationship was never genuine that it was an arrangement for financial gain, that your partner is not averse to marriage of convenience and criminality, by seeking to marry 2 people, that her desire to provide her employment evidence are further proof of this conduct.

That you must have been aware which was why you did long residence to avoid scrutiny, when it did not work, you revert to PR to gain appeal rights.

In my experience , they usually make a big deal on these cases.

[Obie]

The main question for me is, did she seek to marry another person or not?-

When you got those documents from her, did she deny it, and will she come to court to deny the allegations?

[Jayjay2017]

Wow, sounds scary. Thanks obie.

My only reason for pursuing the long residency route was because it was the quicker route for me in terms of time. I guess that was a mistake on my part.

Also, in terms of my ex spouse’s criminality. It’s unfortunate that has had an effect on me.

I’m sure it’ll all work out at the end of the day though. Thanks once again

[Jayjay2017]

The main question for me is, did she seek to marry another person or not?-

When you got those documents from her, did she deny it, and will she come to court to deny the allegations?

She never confirmed or denied what the Home Office stated.

Also, as things stand she has been unresponsive to all my messages. So there’s really no chance of her appearing in court to refute that allegation.

[Obie]

Well we are not sure if she did it. It may well not be her, unless of course she told you she did, or she denied the allegations and prepared to defend herself at the tribunal.

Furthermore, it was alleged she was not a qualified person before your visa was issued, were these evidence that she had been exercising treaty rights available before the checks were undertaken, in which case Home Office were wrong, or did they become available after.

If she is able to contact you to assist with payslips and possibly give you her ID in support of the EEA application, why did she not do so, to get a divorce, before contracting a marriage to another person and seeking to sponsor a residence documents.

Therefore she may have lied to registry office, and possibly on the EEA application.

It may well be the case that this was all a misunderstanding on the part of the Home Office, if it was not, then keeping a distance from this person may well be a wise move.

[Obie]

The main question for me is, did she seek to marry another person or not?-

When you got those documents from her, did she deny it, and will she come to court to deny the allegations?

She never confirmed or denied what the Home Office stated.

Also, as things stand she has been unresponsive to all my messages. So there’s really no chance of her appearing in court to refute that allegation.

Well it would have helped if you had managed some explanation and seek to distance yourself from the conduct of that person before you applied.

This person is really seeking to put a dent on your immigration history .

Not sure how someone could do this really.

[Jayjay2017]

Well we are not sure if she did it. It may well not be her, unless of course she told you she did, or she denied the allegations and prepared to defend herself at the tribunal.

Furthermore, it was alleged she was not a qualified person before your visa was issued, were these evidence that she had been exercising treaty rights available before the checks were undertaken, in which case Home Office were wrong, or did they become available after.

If she is able to contact you to assist with payslips and possibly give you her ID in support of the EEA application, why did she not do so, to get a divorce, before contracting a marriage to another person and seeking to sponsor a residence documents.

Therefore she may have lied to registry office, and possibly on the EEA application.

It may well be the case that this was all a misunderstanding on the part of the Home Office, if it was not, then keeping a distance from this person may well be a wise move.

Hi obie, the Home Office we’re wrong On the point of refusal that she was not exercising treaty rights. As the subject access request I made proved that the checks were not carried out.

Further to this, because I submitted evidence of her exercising treaty rights till 2015 in my ilr application. The Home Office concluded she was not exercising treaty rights after 2015 because I did not submit the evidence.

Just to add, the evidence of treaty rights post-2015 was not requested from me before my ilr refusal.

I was however able to get her employment records for my recent EEA4 application. However, I have been unsuccessful in my attempts to get her ID.

[Obie]

Why year was your marriage? How long was she a qualified person for?

The caselaw on marriage of convenience indicates that the burden is on Home Office. However the conduct of the lady is gradually shifting the burden on you.

The difficulties is if a person act dishonestly in one matter, there tend to be a reasonable inference that they may have lied in.everything else.

[Jayjay2017]

Our marriage was in July 2009. Divorce proceedings were initiated in April 2017.

She was a qualified person for five continuous years.

[Obie]

If that is the case, then you qualified for PR in 2014, there was no need to apply under Long Residence.

Furthermore if what you are saying is correct, I am rather puzzled as to why your JR failed.

Unless the issue is more than just treaty rights, then you ought to have succeeded.

You may have also been entitled to compensation for loss of earnings.

[Jayjay2017]

Hi obie, thanks so much. She actually started exercising treaty rights continuously in her job from April 2012 till June 2017.

So I qualified for PR in April 2017.

My solicitor did not make the most appropriate arguments in the JR. He emphasised that my human rights will be breached if removed from the country. There was no mention of the fact that I was a family member of an EEA national. Therefore the JR failed.

[Obie]

Hi obie, thanks so much. She actually started exercising treaty rights continuously in her job from April 2012 till June 2017.

So I qualified for PR in April 2017.

My solicitor did not make the most appropriate arguments in the JR. He emphasised that my human rights will be breached if removed from the country. There was no mention of the fact that I was a family member of an EEA national. Therefore the JR failed.

I hope he is not taking your forward in this matter, because his failure would have led to you paying home office cost for their acknowledgement of services.

[Jayjay2017]

I had to get rid of him (my solicitor). Thanks again for taking time to respond Obie. Wish you a great year ahead.

[Jayjay2017]

Hi obie, thanks so much. She actually started exercising treaty rights continuously in her job from April 2012 till June 2017.

So I qualified for PR in April 2017.

My solicitor did not make the most appropriate arguments in the JR. He emphasised that my human rights will be breached if removed from the country. There was no mention of the fact that I was a family member of an EEA national. Therefore the JR failed.

I hope he is not taking your forward in this matter, because his failure would have led to you paying home office cost for their acknowledgement of services.

Please is there anything I can do with regards to the reporting though?

[Obie]

You need to challenge the revocation that was not communicated to you and also the Temporary admission that follows. If there was not a lawful revocation, there cannot be a lawful temporary admission.

Your new lawyer should be able to address that.

As you will be aware, EEA appeal are not suspensive, and as your human right claim was certified, it is sensible to challenge it so you do not go to report one day and never return home.

[Jayjay2017]

Hi obie, many thanks for your advice.

Just to clarify your earlier point, are you saying that in the event of my residence card being revoked, that i should have automatically been given in country appeal rights?