PR refused as an family member of eu national because of previous immigration history

[Skp123]

Hi all,


I am non eu nation happily married to eu national who is exercising tratt rights since 13 years.

We got married in 2013 and got my residence document As an family member of eu national in 2014.

But now when I applied my PR after completing 5 years Home office said

:You have applied for PR as an family member of eu national who is exercising treaty rights here.


You have mentioned in marriage certificate in 2013 that you are single however previously you have stated that you are married to Pakistani national but you didn’t not provide any adequate document or divorce certificate so that’s why you were not free to marry in 2013. So your application has been refused and you can submit new application with evidences it can appeal.



I have appealed and then home office has sent me bundle and also to court.


That bundle says that in 2006 when I first applied for UK for tier 2 work permit I mentioned my spouse name there and also during interview when they asked me question that do I have family in Pakistan and I said married but no kids.


They sent both document to me in the bundle as an evidence to show me.


I remember during interview when he asked me question regarding family I told him I have family because we have joint family system like mum dad , brother sisters and he wrote it there I said I am married.

I got consultant services that time and I don’t how he mentioned my spouse name there as I wasn’t married.


Because I applied for visa many times between 2009 to 2013 and I have stated in all these applications that I am single.


So I don’t know what to prepare and what to say in court to prove that I wasn’t married and I am married here with my eu wife more than 5 years and we both living together and working.


How can I prove that those documents are not genuine or not based on truth?

Is anyone can help me or anyone have experience the same situation before ?


Is any one can advice or help me here to get out of this trouble as I have hearing date coming next year Feb?


I should be grateful to you and everyone here who could help me out please?


Kind Regards
Skp123

[Skp123]

Hi all,


I am non eu nation happily married to eu national who is exercising tratt rights since 13 years.

We got married in 2013 and got my residence document As an family member of eu national in 2014.

But now when I applied my PR after completing 5 years Home office said

:You have applied for PR as an family member of eu national who is exercising treaty rights here.


You have mentioned in marriage certificate in 2013 that you are single however previously you have stated that you are married to Pakistani national but you didn’t not provide any adequate document or divorce certificate so that’s why you were not free to marry in 2013. So your application has been refused and you can submit new application with evidences it can appeal.



I have appealed and then home office has sent me bundle and also to court.


That bundle says that in 2006 when I first applied for UK for tier 2 work permit I mentioned my spouse name there and also during interview when they asked me question that do I have family in Pakistan and I said married but no kids.


They sent both document to me in the bundle as an evidence to show me.


I remember during interview when he asked me question regarding family I told him I have family because we have joint family system like mum dad , brother sisters and he wrote it there I said I am married.

I got consultant services that time and I don’t how he mentioned my spouse name there as I wasn’t married.


Because I applied for visa many times between 2009 to 2013 and I have stated in all these applications that I am single.


So I don’t know what to prepare and what to say in court to prove that I wasn’t married and I am married here with my eu wife more than 5 years and we both living together and working.


How can I prove that those documents are not genuine or not based on truth?

Is anyone can help me or anyone have experience the same situation before ?


Is any one can advice or help me here to get out of this trouble as I have hearing date coming next year Feb?


I should be grateful to you and everyone here who could help me out please?


Kind Regards
Skp123

[Obie]

essentially they are saying you have never had right of residence under the EEA regulation, that you are a bigamist, if their assertion is correct. That seems like a bit of a serious matter.

Can you get a certificate of no impediment from Pakistan.

[Skp123]

Hi,

Thanks for your reply.


Yes you are right that’s why they said that I was not free to marry in 2013 with eu national as I didn’t provide any adequate document or divorce certificate even though I wasn’t aware of that as I been writing single in my all previous applications since 2009 to 2013 many times.


I can get ceritificate of no impediment from Pakistan which will say that I have never married in Pakistan and it should be attested from council , Notary public and Foreign affairs.


This is what my solicitor advised to me like you are saying , is it same meaning you have please?


Regards

[Obie]

It is an extremely difficult case. It is not that you gave misleading information on an application, you did so in an interview. So you have a lot of work to do on credibility.

[Skp123]

Hi,

Thanks for your reply.


So I was asking that my solicitor asked me to get the certificate from Pakistan , he will also write statements from me , from my wife here, my parents statements.


You are right its not easy case and I agree with you.

So what do you think as we are in genuine relationship living together since 6 years and married more than 5 years and my wife is exercising treaty rights since 13 years and I am working too.

So with all these statements and evidence from back home can satisfy the judge?

When I got approval from Council for marry here then they got approval from Home office, also when I got my 5 years residence document it’s home office who has given me.

Judge has to see all these aspects that we are living together since 6 years and my wife will go with me in the court.



So what do you think what else we could do more please ?

What kind of documents or evidence can help me to get out from this difficult situation?

As I said befor if someone asks us about family in back home then we consider joint family , it’s different from Europe.


Any useful advice please? And any advice regarding certificate of single or unmarried from Pakistan?

Regards

[Skp123]

And also interviews that time in 2006 , they were not recorded like these days audio recording.


That time he was taking my interview and there was glass windows between us and mic on both sides and he was typing my answers in computer.

[Obie]

As you have a solicitor, I suspect he is best placed to answer that question, he has a much greater knowledge than me.

It seems from what you have written, that the interview question is whether you have a wife and you said yes you are married. That is different from saying I have extended family members in Pakistan. The responsibility for your application form lies with you and no one else.

However good the relationship is, if you were married to someone else, then the consequences is that a right under the EEA regulations has never existed.

The tribunal is likely to believe the interviewer record than you, as not only was this on the interview record, but you wrote the same on your application, therefore how can you say the interview transcribed your answers inaccurately.

[Skp123]

Your advice is big help for me Regards to my scenario.

And I can see that I am in big trouble but I am always hopeful and pray to God as I never lose hope.

You are straight forward person and knowledgeable.

I will definitely discuss with my solicitor and during interview or on the form which he has sent to me and to court the question says that do you have family in Pakistan? And he wrote my reply that I said yes married but no kids.


So on the interview paper It doesn’t say that he asked me that do I have wife or are you married.

And also there is blank paper says marriage date none completely blank and registration of marriage is blank , nothing is there.

[Asherkhawaja]

Hi there..As already advised by Obie, your solicitor is well placed to advise and represent your case at this time! The issue here is you had an interview in 2006 where (allegedly) you confirmed you were married! and your spouse's name was on Tier-2 application as well. The legal adviser who did Tier-2 application on your behalf and subsequently the Home Office (in their interview record-taking), both apparently had no reason/interest to record incorrect information about your marital status! (Understandably, it had no bearing on merits of points based Tier 2 application at the time). Hence, if you're trying to prove BOTH the legal adviser and HO had incorrectly considered you were married, you will have to tread carefully! The Home Office can request information/documents from your legal adviser concerning your marital status as well!!
You could provide loads and loads of proof about your 'happy' and genuine relationship with your EU spouse over 6 years BUT this will not address the primary reason/question of refusal whether you were free to marry in 2013 or not??
If your legal adviser made a mistake on Tier 2 application, you should contact your previous advisers and obtain a valid letter/representation from them which should state that they have reviewed the contents of Tier 2 application which was submitted on your behalf and they have found they made an error on confirming your marital status. They could also state that applicant (You) had advised you were single at the time and that you did not provide any document confirming you were married before!
If you are able to register your UK marriage with your EU spouse in Pakistan, this could also prove that you are solely married to EU national and have not been married before! You need to check this in Pakistan with authorities, how you could obtain such registration and proof!
As Obie rightly advised you should also obtain a certificate of No Impediment which confirms that in 2013 you were free to marry without any restrictions and that you have never married before!
On a serious note, I completely fail to understand why HO will ask you about any extended family and why you were supposed to answer them something on lines of shared family stuff! Do not complicate things!!!!

[Skp123]

Hi Asherkhawaja,

Thanks for your reply.

I remember when I went last time to renew my Pakistani passport in London Pakistan embassy and after looing at my residence documents visa they asked me who you married with and I told them with eu national and then they have saved or typed my wife country and her name in their system.

It’s Nadra who does passport and I’d services for us.


Do you think if I speak to them and they can give me a certificate or any paper saying that according to their records I am married with eu national?

And yes I will also get single status certificate from Pakistan.


Regards