EEA2 Refusal - need help

[Samelamin]

Hi

Our MP just sent us a letter stating that our refusal was rejected and that our documents were sent out yesterday

I have a right of appeal

At the moment we still didnt receive our rejection letter.

I still have no idea why they rejected it, we got married in London, we posted all the needed documents including our marriage cert.

I could only think that it is due to the case worker thinking our marriage is on of convenience because we sent it our around 12 days after our ceremony and my tier 1 visa expires on the 15th of July


It really is unfair as the least they could have done is give us an interview to validate their concerns but we were never given a chance to prove our relationship

What should I do? I know we dont know anything for certain about the refusal but if it is because of the above reason then how do we prove it? we have been together for over 2 years now and we have loads of pictures to prove it.

Any help will be appreciated

[pageup]

Do not worry too much, I know it can be painful, I am on the same boat as you, they asked me to send my wife payslips,our utility bills, waiting for their reply, marriage is geniune, same religion, same culture, same background, do you in your view see any reason for refusal, obviously i have not done registration under UK law, I sent my islamic (muslim) marriage certificate. my wife is french, What is your view on my case?

second, i have been in uk from the age of 14 to 24 years old now, my application to leave has been refused many times, now my case is in High court, got my barrister now, i have strong family connection in UK, as you can imagine, i went school, college, univeristy in UK, no criminal record, Any luck in your view, i wil lsuccede in High court, KEEPING it in Mind, my Judicial review refused. your views on my both situations.

I wish you good luck, I think within a year you should have case completed with a visa, my best wisges are with you, do give your view on situation. thanks.

[stetois]

[quote="Samelamin"]Hi

Our MP just sent us a letter stating that our refusal was rejected and that our documents were sent out yesterday

I have a right of appeal

At the moment we still didnt receive our rejection letter.

I still have no idea why they rejected it, we got married in London, we posted all the needed documents including our marriage cert.

I could only think that it is due to the case worker thinking our marriage is on of convenience because we sent it our around 12 days after our ceremony and my tier 1 visa expires on the 15th of July


It really is unfair as the least they could have done is give us an interview to validate their concerns but we were never given a chance to prove our relationship

What should I do? I know we dont know anything for certain about the refusal but if it is because of the above reason then how do we prove it? we have been together for over 2 years now and we have loads of pictures to prove it.


i m so sorry for your refusal and i can feel your pain because my first application was refused as well but it took them 2.5 months to take a decision,no COA was issued and my second one is still pending and will hit 4 months in a couple of days. having to get the COA and wait 6 months to be denied RC is quite not easy to swallow but there is a fact. i understand it makes you sad but if you really got refused you have to wait for your refusal letter and see what reason reason the case worker gave, find the solutions and decide whether to appeal or resubmit, don t just guess. in both ways don t plan any holidays abroad they are the least important when applying for a stay because your job is to apply for RC but theirs is to cut down the number of people receiving it.

EEA1 and EEA2 sent 24/02/12. HO received 27/02/12
EEA1 received 25 april date 04 april 12
COA received the 16 june date 06 june ( requested but they told me they issued one in april but i never received it)
RC still waiting.

[sheraz7]

What mode of eea treaty rights you showed while applying. Have you written any explanation/covering letter.

[Samelamin]

What mode of eea treaty rights you showed while applying. Have you written any explanation/covering letter.

We applied as a married couple which was done here in London, my wife is in full time employment and we attached an official letter from her employer and 2 payslips


The guidelines did not indicate they need proof of the relationship prior to the marriage and we were advised by members of this forum not to submit too much information as it might seem fishy.

We really feel harshly done by and we dont know whether to appeal or re-apply?

Ofcourse we are still assuming as we dont know the reasons for rejection but the only logical guess it the marriage issue

So what do you think, is there a point of re-applying if an appeal will do ?

if the rejection is because of their doubts of our marriage then we have sufficient proof to convince a judge

[sheraz7]

As you said that your eea national wife is working and it is the most superior mode of excercising eu treaty. Better to re-apply again with strong cover letter. Perhaps attaching latest bank statements of both or utilitiy bill end their doubt about relationship despite it really does not need for legally married couple.

[Samelamin]

As you said that your eea national wife is working and it is the most superior mode of excercising eu treaty. Better to re-apply again with strong cover letter. Perhaps attaching latest bank statements of both or utilitiy bill end their doubt about relationship despite it really does not need for legally married couple.

Its heartbreakingly sad but we attached utility bills under her name for the whole year( water bills are for a whole year) and electricity not to mention bank statements and pay slips

We provided everything I could think of except for proof of living together prior to the marriage which isnt indicated as needed in the guidlines

[Samelamin]

Should I appeal or re-apply, I dont see why I should not appeal as we have the proof needed

is there a particular reason people re-apply instead?

I believe if the case involved my wife being self employed or some missing documents then perhaps appealing isnt an option but in my case it is

any advice guys?

[ikidunot]

Why do you believe they might have rejected you on the basis of your marriage?

[Samelamin]

Why do you believe they might have rejected you on the basis of your marriage?

Because we applied 2 weeks after the ceremony. we dont have the rejection letter yet as I am not home and it should have been received today so will confirm when I get home later this evening

Other than the marriage I cant see why they would reject it because we supplied all the necessary documents

[kamransh]

I doubt they can just refuse an application when its done 2 weeks after getting married. If UKBA thinks its a marriage of convenience then they have to provide concrete evidence and timing is just not it.

I think they have refused it on some other silly ground (as they do).

[sheraz7]

Under eu law it does not matter when after wedding you apply eea2 permit as you can do it any time even your visa expired as long as your eea spouse is excercising eu treaty rights.
But now you talking about self-emplyoment. Before you said that your eea national wife is doing full time employment.

[Samelamin]

Under eu law it does not matter when after wedding you apply eea2 permit as you can do it any time even your visa expired as long as your eea spouse is excercising eu treaty rights.
But now you talking about self-emplyoment. Before you said that your eea national wife is doing full time employment.

She is under full employment, i was indicating she isnt under self employent

[kamransh]

Under eu law it does not matter when after wedding you apply eea2 permit as you can do it any time even your visa expired as long as your eea spouse is excercising eu treaty rights.
But now you talking about self-emplyoment. Before you said that your eea national wife is doing full time employment.

She is under full employment, i was indication she isnt under self employent

I think best thing is to be calm and wait for the refusal letter. Ultimately if your marriage is genuine then you shouldn't worry about anything.

[Samelamin]

I doubt they can just refuse an application when its done 2 weeks after getting married. If UKBA thinks its a marriage of convenience then they have to provide concrete evidence and timing is just not it.

I think they have refused it on some other silly ground (as they do).

Thats the thing though , I cant think of any other reason other than the fact that we sent it right after our ceremony plus my visa is running out mid July


I dont know if this has to do with anything but I also had problems getting a visa prior to me getting my tier 1

basically my tier 1 psw got rejected twice because of a mix of reasons but it was granted back in 2009

so im thinking maybe my visa history together with the marriage being so close caused a rejection

I know it seems like im looking for any excuse to figure out why it got rejected but what else can I do till the refusal letter comes back

[Samelamin]

Under eu law it does not matter when after wedding you apply eea2 permit as you can do it any time even your visa expired as long as your eea spouse is excercising eu treaty rights.
But now you talking about self-emplyoment. Before you said that your eea national wife is doing full time employment.

She is under full employment, i was indication she isnt under self employent

I think best thing is to be calm and wait for the refusal letter. Ultimately if your marriage is genuine then you shouldn't worry about anything.

I am not worried about me not getting my RC because I know I will get it, I am trying to figure out what my next move should be as my Tier 1 expires July 15th. So I need to plan to make sure I have legal right to work afterwards, otherwise I will be let go from my work

[Samelamin]

The immigration advisor asked us to call back tomorrow with our refusal letter


She also informed us that we should appeal if it the application was refused due to the home office believing our relationship was a sham

she said it would really help my case if we can get her sister to come from ireland to support us in court, alongside many of our friends which can be done

[kamransh]

The immigration advisor asked us to call back tomorrow with our refusal letter


She also informed us that we should appeal if it the application was refused due to the home office believing our relationship was a sham

she said it would really help my case if we can get her sister to come from ireland to support us in court, alongside many of our friends which can be done

so is it actually refused based on the relationship?

[Samelamin]

The immigration advisor asked us to call back tomorrow with our refusal letter


She also informed us that we should appeal if it the application was refused due to the home office believing our relationship was a sham

she said it would really help my case if we can get her sister to come from ireland to support us in court, alongside many of our friends which can be done

so is it actually refused based on the relationship?

I have not seen our refusal letter yet, but will do later on today and update everyone this evening

[ikidunot]

How long after a marriage is it acceptable to submit an EEA2 application? My partner and I will be doing a civil partnership shortly and we wouldn't want there to be the accusation on our part of having a civil partnership of convenience.

Nonetheless, isn't the burden of proof on the UKBA and not the applicant?

[Samelamin]

you would think so yes but apperantly according to an immigration lawyer with 10 years exp in era applications , the home office are rejecting most applications made by couples of Asian/African and eastern European decent

we unfortunately fall in this category so we got rejected

she says although unfair, most sham marriages fall under those couples and as such are rejected by default so that the validity of the relationship is confirmed during the appeal process

it is really unfair but I can see how it makes sense

she did urge us to appeal rather than reapply to put a curb on these rejection letters , make an appeal not just for me but for all Afro/Asian partners who are or will go through the same problems

[ikidunot]

That would clearly be a severe abuse of the EEA Regulations. The Regulations state that the treaty rights of non-EEA family members of EEA citizens ought to be applied irrespective of nationality.

[Samelamin]

That would clearly be a severe abuse of the EEA Regulations. The Regulations state that the treaty rights of non-EEA family members of EEA citizens ought to be applied irrespective of nationality.

True but how do we prove it, i doubt the home office will release information as to nationalities of rejected eea2 applications


Well the refusal letter hasnt arrived today so it should come in tomorrow

[ikidunot]

Do you have a previously adverse immigration history?

There's a document available from the UKBA about how they assess marriages of convenience. One of the criteria they consider is this, in addition to whether the couple appears not to have a common language (although this is Europe where everyone has a different language).

[Samelamin]

Do you have a previously adverse immigration history?

There's a document available from the UKBA about how they assess marriages of convenience. One of the criteria they consider is this, in addition to whether the couple appears not to have a common language (although this is Europe where everyone has a different language).

Yes I have had two tier 1 psws rejected because once the letter from university wasnt enough to prove my course ended and the next time is because my balance went down by £3 (min £800) for 2 days


trivial i know but the third time I got it and I was under a valid visa - still am - when we applied.

I dont see it as reason of a dodgy immigration history because the rules state that if you had a visa rejected then applied for eea then its more fishy

Besides according to the forum, immigration history doesnt come into play if you have a valid visa