family permit refused

[family member]

Hello,

I would like to ask a question about my problem which I had with my application for EEA family permit to be admitted in the UK together with my wife. I went to the Embassy to apply together with my wife and I was told that my visa will be processed in Warsaw within 21 days. within this period of time I| got a call from the embassy in Bucharest that my passport arrived. After this I saw that my visa was refused with a refusal form stating that my marriage is one of convenience. They got to this conclusion because I| didn't put on my application pictures of me and my wife to prove our relationship, although on their site it was not written that I need to prove my marriage since I have already a Romanian residency card valid for 5 years. In the note was written that I can appeal this decision to UK tribunal, which I did, by sending there evidences that my marriage is a real one.
I sent this appeal in the right term and I got the confirmation from postal services. After 1 week they too the court fee from my account and after that I didn't hear from them. I don't have a file number or any other means to track my case. I asked this by email and I got a general reply that I shouldn't ask anything and I will get my answer within 10 days. The 10 days passed already and I still got no answer.
Was anybody in the same situation and can tell me how I can find out what is happening with my case?
In the mean time Romanian authorities told me that I can travel with my ID card without visa since I travel together with my wife. I should take this risk? Was anyone refuse to enter UK on arrival for similar situations?

[batleykhan]

The Appeal Process is a long and enduring. It can take up to 28 weeks before your appeal may be decided.

After lodging your appeal, it is unlikely that you will hear anything till the EC Manager at the post you were refused have had the opportunity to review your circumstances in view of what you have stated in (and sent) in your Appeal Notice.

This can take up to 3 months.After teh ECM has reviewed your file, he may decide to overturn teh original decision in which case you will be granted visa. If not then it will go to an hearing which could take another 3 months before it is heard. Here your fate will be decided by an Immigration Adjudicator.

As only a few weeks has elapsed as yet, I would just sit tight and IAT will contact you with any development on your appeal. You can not track what is happening with your appeal unlike teh initial application

[family member]

batleykhan, thank you very much, please tell me something about this also, is it good for me and my wife to go ahead and travel? would they refuse my entrance as my wife also has been employed there in the uk and have the working contract signed in few days now, please any idear on what we can do on this situation?

[vinny]

Hello,

I would like to ask a question about my problem which I had with my application for EEA family permit to be admitted in the UK together with my wife. I went to the Embassy to apply together with my wife and I was told that my visa will be processed in Warsaw within 21 days. within this period of time I| got a call from the embassy in Bucharest that my passport arrived. After this I saw that my visa was refused with a refusal form stating that my marriage is one of convenience. They got to this conclusion because I| didn't put on my application pictures of me and my wife to prove our relationship, although on their site it was not written that I need to prove my marriage since I have already a Romanian residency card valid for 5 years. In the note was written that I can appeal this decision to UK tribunal, which I did, by sending there evidences that my marriage is a real one.
I sent this appeal in the right term and I got the confirmation from postal services. After 1 week they too the court fee from my account and after that I didn't hear from them. I don't have a file number or any other means to track my case. I asked this by email and I got a general reply that I shouldn't ask anything and I will get my answer within 10 days. The 10 days passed already and I still got no answer.
Was anybody in the same situation and can tell me how I can find out what is happening with my case?
In the mean time Romanian authorities told me that I can travel with my ID card without visa since I travel together with my wife. I should take this risk? Was anyone refuse to enter UK on arrival for similar situations?

[John]

is it good for me and my wife to go ahead and travel?

If you do, my question is how? That is, what mode of transport would you use?

Refused EEA Family Permits? In my view not a good idea to appeal ..... much better to put in another application, with the necessary proofs that they require?

How long have the two of you been married? Lived together? Any children together?

[Jambo]

What is your nationality? Do you require a visa to travel to the UK as a visitor?

The UK doesn't recognise Residence Card from other countries so you can't travel using that. The airline will most likely not allow you to board the flight.
if you manage to board the flight, you should be able to enter the UK if you prove you are married.

With a refused stamp in your passport, you should be prepared for questions at the border if you travel without a visa.

[family member]

is it good for me and my wife to go ahead and travel?

If you do, my question is how? That is, what mode of transport would you use?

Refused EEA Family Permits? In my view not a good idea to appeal ..... much better to put in another application, with the necessary proofs that they require?

How long have the two of you been married? Lived together? Any children together?

would use air transport, before i found this sit, we have already applied in defence of our marriage, we married since 12/2/2011, and since then living together in the same house, intervewd by romanian immigration also they visited my house and checked our belongings to see if we live together, after all this they issued me 1year resident card which expired after 1year and renewd another one valid for 5years which i used in applying for the eea fp.

[John]

Your nationality? Are you a so-called "Visa National"? That is, you require a visa to enter the UK? If that is the case, the airline will not allow you to board the aircraft unless you have a suitable UK visa or permit.

So you have proved to the Romanian immigration authorities that the marriage is real. You just need to do the same to the British Embassy. Submit another application for EEA Family Permit, and this time supply lots of evidence that the marriage is real, and not a marriage of convenience.

[family member]

What is your nationality? Do you require a visa to travel to the UK as a visitor?

The UK doesn't recognise Residence Card from other countries so you can't travel using that. The airline will most likely not allow you to board the flight.
if you manage to board the flight, you should be able to enter the UK if you prove you are married.

With a refused stamp in your passport, you should be prepared for questions at the border if you travel without a visa.

my nationality is nigeria, married to a romania citizen which has the same right as any other eea citizen, JAMBO there's no stamp there, thanks anyways.

[family member]

Your nationality? Are you a so-called "Visa National"? That is, you require a visa to enter the UK? If that is the case, the airline will not allow you to board the aircraft unless you have a suitable UK visa or permit.

So you have proved to the Romanian immigration authorities that the marriage is real. You just need to do the same to the British Embassy. Submit another application for EEA Family Permit, and this time supply lots of evidence that the marriage is real, and not a marriage of convenience.

yes we both proved our marriage even before the 1year was issued to me, nationality: i need a visa, as eea family member i do not, Under Directive 2004/38/EC, thanks

[John]

my nationality is nigeria

That being the case, an airline will not let you board a plane bound for the UK, unless you have an EEA Family Permit in your passport.

[family member]

my nationality is nigeria

That being the case, an airline will not let you board a plane bound for the UK, unless you have an EEA Family Permit in your passport.

thanks anyways

[John]

Another possibility, and the risk is all yours, is to get to say Paris, and then try to use the Eurostar train to get to London. The point is that the UK immigration for such a train is in Paris, so if you manage to convince the UK immigration authorities in Paris, and they allow you to board the train, you will have succeeded in your aim.

As you realise, you have Treaty Rights, it is just a question of convincing UK immigration that is the case.

[EUsmileWEallsmile]

...my visa was refused with a refusal form stating that my marriage is one of convenience. They got to this conclusion because I| didn't put on my application pictures of me and my wife to prove our relationship...

You are not the first applicant to be refused on these grounds. Perhaps you could share what the actual stated.

Please read the following threads, which contain information that may be of assistance.

http://www.immigrationboards.com/viewto ... sc&start=0

http://www.immigrationboards.com/viewto ... onvenience

[family member]

my nationality is nigeria

That being the case, an airline will not let you board a plane bound for the UK, unless you have an EEA Family Permit in your passport.

Well....indeed I couldn't board together wirh my wife because of airline. She was prepared with all possible documents, CE directive, UK border manual, but I couldn't get to UK immigration to convince them. since they refused my visa on June, I can apply again now for the same visa?
Of course while putting this time also evidence of our relationship.
Thanks.

[Directive/2004/38/EC]

What is the actual exact wording of this refusal?

When were you previously refused? What did you apply for then?

Your wife has a job arranged in the UK?

[EUsmileWEallsmile]

...my visa was refused with a refusal form stating that my marriage is one of convenience. They got to this conclusion because I| didn't put on my application pictures of me and my wife to prove our relationship...

You are not the first applicant to be refused on these grounds. Perhaps you could share what the actual stated.

Please read the following threads, which contain information that may be of assistance.

http://www.immigrationboards.com/viewto ... sc&start=0

http://www.immigrationboards.com/viewto ... onvenience

family member, did you read the links I'd provided for you? Do you have any comment on them? They may help answer some of the questions you are asking.

[family member]

What is the actual exact wording of this refusal?

When were you previously refused? What did you apply for then?

Your wife has a job arranged in the UK?

The reason for refusal was that I didn't give any proof that my marriage is a real one so they think I am in a marriage of convenience. For visa application I gave them our passports, her id card, my residence card and marriage certificate. Plus my statement of account on which my wife is also authorized to make operations. At this point they said that I am in a marriage of convenience and they refused me the visa.
1 month after this my wife got a job in the UK. Right now she is there and she will get yellow card these days. So my situation is changed and I wonder what should be the next step for me to get to her.

[family member]

...my visa was refused with a refusal form stating that my marriage is one of convenience. They got to this conclusion because I| didn't put on my application pictures of me and my wife to prove our relationship...

You are not the first applicant to be refused on these grounds. Perhaps you could share what the actual stated.

Please read the following threads, which contain information that may be of assistance.

http://www.immigrationboards.com/viewto ... sc&start=0

http://www.immigrationboards.com/viewto ... onvenience

family member, did you read the links I'd provided for you? Do you have any comment on them? They may help answer some of the questions you are asking.

Hi. I red everything and even more. I know I have the right to go to UK even without visa, but I can't board in the flight so my only chance is to have a visa. But since the first one was refused, I don't know if I should wait for the appeal to be finished (which can take months) or to apply again under the new conditions, considering my wife as my sponsor in UK. Would they give me this visa the second time, since now I will give them also photos before and after marriage, messages before and after marriage and also our rent contract in Romania which shows we lived here at the same address? Am I allowed to apply again 2 months after the refusal?
P.S. I know my rights but they are not respected (e.g. I have the right to reside wherever my wife is in Europe), which is why I search for advise from people that went through this before.

[Directive/2004/38/EC]

Well, if I were refused, I would definitely reapply. I would not want to be away from my wife for so long.

You can also appeal the original refusal.

If you can please privately send me the initials of the ECO who refused the application. I am curious!

[keffers]

As a matter of interest what identification should/is normal be given by the ECO in correspondence/refusals?

[family member]

Well, if I were refused, I would definitely reapply. I would not want to be away from my wife for so long.

You can also appeal the original refusal.

If you can please privately send me the initials of the ECO who refused the application. I am curious!

The funny part is that my refusal is not signed. Not even initials. There is only a numeric code which means either the embassy or the ECO.

[EUsmileWEallsmile]

The reason for refusal was that I didn't give any proof that my marriage is a real one so they think I am in a marriage of convenience.

If you've read the links and the case law I shared with you, you will see that the onus is on the ECO to demonstrate that the marriage is one of convenience (not the other way round). Should the ECO be able to bring evidence to bear, then the onus would be on the applicant to challenge it.

So, what evidence did the ECO present that led him to believe on the balance of probabilities that your marriage is one of convenience?
What opportunity were you given to challenge said allegations?

From your previous post, you appeared to have presented strong evidence of co-habitation from the Romanian authorities.

[family member]

So, what evidence did the ECO present that led him to believe on the balance of probabilities that your marriage is one of convenience?
What opportunity were you given to challenge said allegations?

From your previous post, you appeared to have presented strong evidence of co-habitation from the Romanian authorities.[/quote]

ECO presented no evidence. I know that the fact Romania gave me residence card for 5 years prove that my marriage was checked already but they refused me and now I am here, my wife is there and there is nothing I can do until she gets the yellow card and after that to apply again. And to hope I will be fortune this time

[EUsmileWEallsmile]

ECO presented no evidence. I know that the fact Romania gave me residence card for 5 years prove that my marriage was checked already but they refused me and now I am here, my wife is there and there is nothing I can do until she gets the yellow card and after that to apply again. And to hope I will be fortune this time

I would complain.