Rejected because not provided evidence of divorce

toves · Post by **toves** » Wed Nov 30, 2011 4:17 pm

Hi

My husband got his application rejected today, explanation:
As evidence for your marriage with"name" you have submitted your marriage certificate dated ddmmyyyy which shows that you were both married in Ikeja. The certificate states that your sponsor was previoulsy married, however you have not precented documentary evidence to satisfactory establish that your sponsor has undergone a divorce that is recognised under United Kingdom law and that the previous marriage has been dissolved. I am therefore not satisified that the marriage you have contracted is valid.

What is that? I cant find any place that says that he need to provide evidence that my previous marriage is dissolved.

It is also a not from the vica centre saying that the applicant has demanded to submit the application even though he doesnt have any TB certificate, in according to the guide lines you dont need a TB ceritificate in order to receive a EEA family permit for 6 months, the note also say: Information provided by applicant is not enough eg NO uk address and no statement from a UK bank.

I dont need a UK bank statement, we are going there together to settle, so we applied for him to travel together with me.
we providede the job offer I have got and accepted in UK

We have provided that we will go to UK together and a flight ticket in our names. Bank Statements from our banks in Nigeria and Ghana is provided.

The conclusion from the UKBA is:
On the evidence you have presented and considering your application as a whole. I am not satisfied that you meet the requirements as the spouse to an EEA national as defined by the Immigration( EEA) Regulations 2006

Can someone give me an advise?
Will it be enough to provide a divorce statement?
Based on what can they demand this as long as the marriage is legal in Nigeria?

Kitty · Post by **Kitty** » Wed Nov 30, 2011 9:19 pm

Ordinarily a divorce certificate would be requested by an ECO to confirm that the marriage is not invalid because it is polygamous (if polygamy is against the domestic law in the country where the marriage was contracted).

However, the relevant guidelines for European casework also say:

It will be a matter for the ECJ whether all of the spouses to a polygamous marriage should be treated as family members under the Directive. We should perhaps discuss this type of case.

So the first question is: if one of you is previously married, are you actually divorced? If so, you can produce the divorce certificate.

If one of you is still married to another person, then is polygamy legal in the country where you were married? If it is not legal then your marriage is not valid and you are not a "family member" under the European Directive.

If the marriage is polygamous but contracted in a state where polygamy is legal, then you may succeed in obtaining a family permit, but presumably only after testing the law in court.

toves · Post by **toves** » Thu Dec 01, 2011 12:34 am

Hi Kitty

Thank you,

I have been married before and yes my marriage was dissolved according to Norwegian law. Polygami is prohibited by law in Nigeria so what you say make sense. Only one thing I can imagine might be a problem, the original certificate of divorce was handed in to the court in Nigeria and we never got it back, so I only have a copy which is not certified. I can imagine the UKBA are strict on copies. My fear is that it will take rather long time with an appeal, I guess it will be easier to apply again and ask them to prioritize the application.

The service provided from VFS is terrible, they first denied to accept to submit the application because my husband does not have a TB certificate even though the UKBA web site state its not necessary for a stay less than 6 months. They also told him that he could not apply for an EEA Family permit from Ghana unless he is a resident. He is a Nigerian resident, but have legal visa to Ghana.

Post by **Directive/2004/38/EC** » Thu Dec 01, 2011 12:37 pm

I am a little confused:
where were you originally married?
where did you divorce?
where were you remarried and when?
where did you apply for the visa?

Is there anything particular about the information you submitted which might cause them to ask for evidence you are divorced?

Was there any reason for them to think that the EU citizen was already resident in the UK?

the note also say: Information provided by applicant is not enough eg NO uk address and no statement from a UK bank.

Who is this note from? VFS? Or from the visa section of the embassy?

toves · Post by **toves** » Thu Dec 01, 2011 2:10 pm

Hi
I was married in Norway to an Icelandic citizen
I divorced in Norway

I re married in Nigeria and I provided my original divorce decreet to the court.

We got married in february 2011.

The only thing is the marriage certificate says may status is divorced.

No, we have provided them with a fligth ticket in our names from Accra- London

And I clearly stated in the letter that we are going to UK together,

Post by **Directive/2004/38/EC** » Thu Dec 01, 2011 5:01 pm

toves wrote:the original certificate of divorce was handed in to the court in Nigeria and we never got it back, so I only have a copy which is not certified.

Why was the court involved?

So you are both now in Ghana, and he is from Nigeria (where you married).

Are you the EU citizen?

I am at a loss for why they are asking for certification of your previous divorce. You can give them a photcopy (do not worry that it is not certified). (Long term you might want to get another copy from the Norwegian govt).

toves · Post by **toves** » Thu Dec 01, 2011 7:04 pm

Hi Guru

We are both in Ghana yes, and I am the EEA citizen( Norwegian), he is Nigerian.
We married in court(maybe another english word is better, but thats the term they use in Nigeria. They wanted proof of my divorce before they would allow us to get married.

A staff member of VFS has written the note about UK bank statement and address in UK They also wrote a note that my husband demanded to submit the application against their advice. They tried to deny him because he didnt have a TB test and that he could not apply since he only have a visitors visa here in Ghana. The lack of knowledge is incredible.

We will apply again on Monday and I will write a letter stating the legal requirements and ask to get a visa asap.

Will also write a complaint letter

Post by **Directive/2004/38/EC** » Fri Dec 02, 2011 5:36 pm

http://www.ukba.homeoffice.gov.uk/count ... gname=null

I would personally make a complaint. Gets them thinking about your application a little more closely.

tina79 · Post by **tina79** » Wed Dec 07, 2011 10:56 am

hi there,

i had my husband to go for 2nd interview today and just like yours he has been refused.

reason was, that they dont believe we are long Enoch together ( over 1year), not enough evidence for me ( i have attached everything showing im exercising my treaty right in UK and they even called my firm to confirm)
not showing on the form that he was married and divorced before ( on the online form there is nothing to say this)

please help, where can i complain as they were were nasty with him in Istanbul on consulate and he was there 1st time he told them everything then.

im extremly angry!

Post by **Directive/2004/38/EC** » Wed Dec 07, 2011 11:01 am

See http://eumovement.wordpress.com/2011/11 ... fectively/ As part of it is a link to the UKBA complaints page

toves · Post by **toves** » Thu Dec 08, 2011 11:55 am

Hi

We have written a complaint letter and delivered it at the UK embassy. We have also applied again just with all the same documents and in addition a copy of my divorce decreed, the copy is in Norwegian and its impossible to get a translation on a short notice, we asked a friend to translate it a submitted a copy of his passport attached to the divorce decreed. Dont know if it will help at all, but didnt have any ideas. We are trying to get hold of the original and will submit an appeal as well.
Still havent get in touch with any visa officer at all.

We submitted a copy of the complaint letter together with the new application. The answer is expected after 3 weeks...

toves · Post by **toves** » Tue Dec 13, 2011 11:57 am

Hi

I have the past days tried to contact the British High Commission on phone and finally got trough today, I addressed the issue and told them I have written a complaint letter and also an complaint e-mail. The only thing the lady could say is: I have written down your concerns on our system and we will contact the applicant when a decission is made.

My main complain was the priority, the first application took 15 working days and they told us the second application will have the same processing time.

The second application is exactly the same as the first one just one additional document to address the refusal: my divorce decreed, not a certified copy only a copy in Norwegian.

Told her that it seem unexxeary to check all the other documents again as they have already done it once without any remarks.

Will also try to contact solvit today, need to call them because the online complaint form require a Norwegian phone number which I dont have since I am living in ghana

Post by **Directive/2004/38/EC** » Tue Dec 13, 2011 3:12 pm

Have you submitted a complaint through http://www.ukba.homeoffice.gov.uk/about ... complaint/ ???

toves · Post by **toves** » Tue Dec 13, 2011 3:18 pm

Hi Guru

Yes sent an e-mail 5 days ago, no reply yet, delivered the letter in person a week ago. No reply

Post by **Directive/2004/38/EC** » Tue Dec 13, 2011 3:21 pm

Get on to Solvit. and see
http://eumovement.wordpress.com/2011/11 ... fectively/

I would expect you will hear from them soon.

toves · Post by **toves** » Tue Dec 13, 2011 3:32 pm

Hi

Thanks, will start working on the complain trough solvit now, we also consider to go to Nigeria and apply again there. The processing time is shorter and its important for us that he can travel together with me. He is the one that will support and help my daughter when she is goint to start school in beginning of January as I start working on the 9th.

Post by **Directive/2004/38/EC** » Tue Dec 13, 2011 3:36 pm

I would personally think twice before moving countries.

Focus on constructively complaining to get them to move their butts.

You should also tell them of your travel plans. You should also remind them that they have a legal obligation: "Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.".

toves · Post by **toves** » Tue Dec 13, 2011 3:41 pm

Hi

Thanks,

Do you have the exact law or paragraph I can use when it comes to the processing time? I have read on the UKBA web site that it should be processed as soon as possible.

They know the travelling plans, we provided a flight ticket in our names to prove that we are travelling together. Thanks for the advise

Tove

Post by **Directive/2004/38/EC** » Tue Dec 13, 2011 3:47 pm

Directive 2004/38/EC
Article 5 -- Right of entry
1. ...
2. [Where a visa is required...] Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.

The Immigration (European Economic Area) Regulations 2006
Issue of EEA family permit
12.— [...]
(4) An EEA family permit issued under this regulation shall be issued free of charge and as soon as possible.

EEA family permits version 2.0 (UKBA Modernized Guidance)

Considering an application for an EEA family permit

Under European Community law, applications for EEA family permits must be treated as a priority case.

Post by **Directive/2004/38/EC** » Tue Dec 13, 2011 3:50 pm

For the Solvit form, I would either put in your Ghana phone number as dialed from Europe (.e.g 00 233 abcdef) or just put in a dummy phone number like 00000

They will in any case contact you by email.

toves · Post by **toves** » Tue Dec 13, 2011 4:07 pm

Thanks Guru,i have written a new complain email adressing the processing time and the need for accelerated proccesong informing them about the flight ticket.

Post by **Directive/2004/38/EC** » Tue Dec 13, 2011 4:19 pm

I have updated my quotes of the law to include something from the "modernized guidance"

toves · Post by **toves** » Wed Dec 14, 2011 9:22 pm

Hi

Maybe it helped with the e-mails and yesterdays phone call after all, at least we got a sms saying the processed visa application is ready for collection tomorrow. Fingers crossed that they have made the correct decission this time.....if not I am at war

Post by **Directive/2004/38/EC** » Wed Dec 14, 2011 10:12 pm

Hope for the best. Prepare for the worst.

Somehow I wish I was in Ghana right now. I have a friend in Ivory Coast for a few months... I want adventure in my life too!

toves · Post by **toves** » Wed Dec 14, 2011 11:29 pm

We are exited but prepared for the worst,

One of my favourite qoutations: You want it, get a flight ticket

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Rejected because not provided evidence of divorce

Rejected because not provided evidence of divorce