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EEA Application Refused.

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

pageup
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Joined: Mon Dec 19, 2011 11:03 am

EEA Application Refused.

Post by pageup » Mon Feb 04, 2013 11:21 pm

I applied for a resident card, on nehalf of being married to a eu national. my marriage is geniune. all the documents along with the photos of the marriage was sent to ukba, after 6 months ukba replied, we do not share a dureable relationship, therefore application is refused, and i should leave. ..I understand my marriage is not registered in uk, only (Islamic marriage, Nakkah) done. This what i sent to home office. now i have court hearing for this matter in last week of february. what is your advise on this? my wife will be with me, who is french, along with my other relatives. i have been in uk for last 11 years, from the age of 13 to 24. attented school, college,univeristy, is that going to make postive affect on my eu application.

my question, will i get the permission to register my marriage from judge, if i can prove marriage is geniune, and home office got my passport since 2006.my immigration history is very complicated. so please advise me on eea application on marriage basis. please advise me.

nidaulhaque
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Posts: 252
Joined: Tue Oct 28, 2008 1:26 am
United Kingdom

Post by nidaulhaque » Mon Feb 04, 2013 11:33 pm

Did u marry here in uk? Do u have marriage certificate issued in uk? If not how did u Marry??? Is it proxy marriage? When did u marry? What was your status at the time of eea application?
Is your wife working??

He can't give u permission to marry, best to apply for Coa and get permission from home office then u can register here after this will be no problem with your rc

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Mon Feb 04, 2013 11:34 pm

You dont need permission to conduct a marriage in the UK, even if you do, an immigration judge does not have the power to grant such right.

Well you conducted an Islamic Marriage in the UK, which is not valid according to UK law. You will therefore need to show you are in a durable relationship with this woman.

How long have you been in a relationship for, and do you have any child yet?

Since as you have spent nearly half of your life in the UK, that might play a role in the Article 8 assessment, which will undoubtedly be weighed against you immigration history as a whole.

Best of luck.
Smooth seas do not make skilful sailors

pageup
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Posts: 384
Joined: Mon Dec 19, 2011 11:03 am

EEA application.

Post by pageup » Tue Feb 05, 2013 12:10 am

she is working paying taxes. no child yet. she is my cousin, it was kind of love marriage, we have known eact other for last 4 years but got married (islamic marriage done april 2012, made application april 2012 to ukba. geniune marriage, i try to register my marriage but they want to see my passport.

any tips how i should present myself in front of judge?

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Tue Feb 05, 2013 12:16 am

As you have been in UK since adolesent age, and spent nearly half your life hear,you can speak english. That is a start.
You may need to prepare a bundle, and decide how you will fight your case. And get statement from those supporting your application.
Smooth seas do not make skilful sailors

nidaulhaque
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Joined: Tue Oct 28, 2008 1:26 am
United Kingdom

Post by nidaulhaque » Tue Feb 05, 2013 12:52 am

What was your status at the time of marriage?? Don't u have any kind of Id? Which country r u from? They do accept driving licence from your home country instead of passport

ukforever
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Re: EEA application.

Post by ukforever » Tue Feb 05, 2013 5:17 am

pageup wrote:she is working paying taxes. no child yet. she is my cousin, it was kind of love marriage, we have known eact other for last 4 years but got married (islamic marriage done april 2012, made application april 2012 to ukba. geniune marriage, i try to register my marriage but they want to see my passport.

any tips how i should present myself in front of judge?



hi,did anyone told u that u can't have a passport to get married with??
as a matter of fact,u could have just gone to see a solicitor so he can sort out this issue..!!u wonder how?? well as i've done it myself so no one can say its not true or i'm just making stuff up :shock:

first u need to go with your wife to a register office to make a notice of marriage,they will give a date(an appointment for the notice) then u take that piece of paper and show it to the solicitor,

then he will write a letter to the consulate of the country where u are from(i've done it through my consulate) to ask them to issue u a new passport because u are getting married..(valide for 1 year)

then go to the consulate give them the letter of appointment notice of marriage,solicitor letter,some paper work to prove your identity to the consulate,maybe a copy of your wife's passport(it doesn't matter but they may ask u to provide it,as a proof u are getting married,not just trying to get a passport)

then when u get your passport in lets say 15 to 20 days then u can get married..well u need to make sure u don't book anything in advance,u need just to make sure u space up time of booking between each event(between notice of marriage-solicitor letter-applying for passport-book your marriage ceremony)

easy pizzy like a lemon squizzy 8)

:lol:
Last edited by ukforever on Tue Feb 05, 2013 5:33 am, edited 2 times in total.
UK------++++-------****

wiggsy
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Location: Warwickshire, UK

Re: EEA application.

Post by wiggsy » Tue Feb 05, 2013 5:27 am

ukforever wrote:i try to register my marriage but they want to see my passport.

any tips how i should present myself in front of judge?
hi,did anyone told u that u can't have a passport to get married with??
as a matter of fact,u could have just gone to see a solicitor so he can sort out this issue..!!u wonder how?? well as this i've done it myself so no one can say its not true or i'm just making up stuff :shock:
first u need to go with your wife to a register office to make a notice of marriage,they will give a date(an appointment) then u take that piece of paper and show it to the solicitor,then he will write a letter to the consulate of the country where u are from(i've done it through my consulate) to ask them to issue u a new passport because u are getting married..then with this letter u go to the consulate give them the notice of marriage,some paper work to prove your identity to the consulate,maybe a copy of your wife's passport(it doesn't matter but they may ask u to provide it,as a proof u are getting married,not just trying to get a passport) then when u get your passport in lets say 15 to 20 days then u can get married..well u need to make sure u don't book anything in advance,u need just to make sure u space up time of booking between each event(between notice of marriage-solicitor letter-applying for passport-book your marriage ceremony)
easy pizzy like a lemon squizzy

:lol: 8)[/quote]

u say your immigration history is ... well not too great?

what is your current leave to remain?

ask the home office for a certified copy of your passport... they MUST supply this, and most places will accept it as ID. (since its issued by a govt body)

do you have any id issued by the home office (my wife used her IS96 photo Temp admision as proof of ID to get married - ( although- thinking back, she may have also supplied a fully stamped, but in date passport too. - although it had 'not valid' stamped in indonesian)

ukforever
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Posts: 370
Joined: Sat Jan 12, 2013 5:37 am

Re: EEA application.

Post by ukforever » Tue Feb 05, 2013 5:35 am

wiggsy wrote:
ukforever wrote:i try to register my marriage but they want to see my passport.

any tips how i should present myself in front of judge?
hi,did anyone told u that u can't have a passport to get married with??
as a matter of fact,u could have just gone to see a solicitor so he can sort out this issue..!!u wonder how?? well as this i've done it myself so no one can say its not true or i'm just making up stuff :shock:
first u need to go with your wife to a register office to make a notice of marriage,they will give a date(an appointment) then u take that piece of paper and show it to the solicitor,then he will write a letter to the consulate of the country where u are from(i've done it through my consulate) to ask them to issue u a new passport because u are getting married..then with this letter u go to the consulate give them the notice of marriage,some paper work to prove your identity to the consulate,maybe a copy of your wife's passport(it doesn't matter but they may ask u to provide it,as a proof u are getting married,not just trying to get a passport) then when u get your passport in lets say 15 to 20 days then u can get married..well u need to make sure u don't book anything in advance,u need just to make sure u space up time of booking between each event(between notice of marriage-solicitor letter-applying for passport-book your marriage ceremony)
easy pizzy like a lemon squizzy

:lol: 8)


sorry mate it wasn't me with the initial thread,its was *pageup*
it was my mistake in replying and not coating his name on the reply
:oops:
UK------++++-------****

Graham Weifang
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Location: Cheshire, UK
Mood:
China

Re: EEA Application Refused.

Post by Graham Weifang » Tue Feb 05, 2013 1:30 pm

pageup wrote:I applied for a resident card, on nehalf of being married to a eu national. my marriage is geniune. all the documents along with the photos of the marriage was sent to ukba, after 6 months ukba replied, we do not share a dureable relationship, therefore application is refused, and i should leave. ..I understand my marriage is not registered in uk, only (Islamic marriage, Nakkah) done. This what i sent to home office. now i have court hearing for this matter in last week of february. what is your advise on this? my wife will be with me, who is french, along with my other relatives. i have been in uk for last 11 years, from the age of 13 to 24. attented school, college,univeristy, is that going to make postive affect on my eu application.

my question, will i get the permission to register my marriage from judge, if i can prove marriage is geniune, and home office got my passport since 2006.my immigration history is very complicated. so please advise me on eea application on marriage basis. please advise me.
.
.
I think the problem is that it is not an officially UK recognized marriage, and is a NON UK marriage,

This is not valid in UK Law.

vette

Graham Weifang
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Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

Re: EEA application.

Post by Graham Weifang » Tue Feb 05, 2013 1:34 pm

pageup wrote:she is working paying taxes. no child yet. she is my cousin, it was kind of love marriage, we have known eact other for last 4 years but got married (islamic marriage done april 2012, made application april 2012 to ukba. geniune marriage, i try to register my marriage but they want to see my passport.

any tips how i should present myself in front of judge?
.
Can't see that going down to well either to be honest.

I think the cards are stacked against you.

vette

pageup
Member of Standing
Posts: 384
Joined: Mon Dec 19, 2011 11:03 am

advise needed

Post by pageup » Mon Feb 11, 2013 11:04 pm

hello again;

i got my court hearing for next week, any tips for me, i got my barrister sorted. marriage is geniune, relative will be there, wife will be there, as much evidence as possible is available, anything else i am missing.,

please see other post by me for furtehr info about my situation.

nidaulhaque
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Joined: Tue Oct 28, 2008 1:26 am
United Kingdom

Post by nidaulhaque » Mon Feb 11, 2013 11:23 pm

All the best this will be enoughdo share your experiance

pageup
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up date on my case.

Post by pageup » Mon Feb 18, 2013 10:38 pm

I got the provionail marriage date, on the condition, I can produce my passport by 2nd of march. the actual registration date is 18th march. so just 16 days before the registary date.

it has been confirmed my passport is expired since 2006 december and with the home office, registiry, marriage department contacted ukba. my actual date for hearing in court was fenruary 2013 thursday, because ukba refused my residence card application for the reson i am not in durable relation, and my marriage is not under english law. only islamic marriage certificate posted to home office along with application for resident card. my wife is working paying taxes, she is french national, we sharee the same langauage,culture, same background, same religion. bank statments, water bills, marriage photos produced to home office. but the home office stated only marriage is not done under english law and that our relationship is not in durable. it has not been 2 years since our relationship.

now, my solictor will send my provional marriage date letter to judge to find out whether i should come on the hearing or not on 21 feburaury 2013, all my family ready to come along with my wife.

what are the chances now? and what trick if possible ukba play to delay my resident card now? please help and guide, and sorry if my way of writing my immigration history not right. please help. and guide.

Help5
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Post by Help5 » Tue Feb 19, 2013 10:07 am

v
Last edited by Help5 on Tue Feb 19, 2013 1:57 pm, edited 1 time in total.

Help5
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Post by Help5 » Tue Feb 19, 2013 10:10 am

One thing i would mention is Please dont use Islamic marriage to use the the system in best way for yourself. Your wife deserve more respect then you are actually giving her for only immigration.

You should give your wife full right and Exact respect. Dont think about ahead put her back is system she deserve your money as much as you used her to get immigration status

Best Regards

pageup
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plase do advise

Post by pageup » Tue Feb 19, 2013 2:29 pm

What I should do now, what I can do now, my solictor say it is better to avoids hearing on ,21 Feb. Please do advise what my next step be.

pageup
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Joined: Mon Dec 19, 2011 11:03 am

please advise

Post by pageup » Tue Feb 19, 2013 2:37 pm

I am worried, plz guide me now ukba got my passport, do you think they will hold in to my passport in order to deport me, so please guide me now.vert worried

Help5
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Post by Help5 » Tue Feb 19, 2013 2:44 pm

Go for Hearing your solicitor is MAD trying to make do something so he can prolong you as a client.

Just go and tell them. You have a right to stay in Uk because you wife is french.
Don't be scared

It doesnt matter f your married or not at-least you stay in Same house.

Take all the documents. Bills combine bank staments Residence Pictures A Lot of pictures.

You will be alright and Change you solicitor

Help5
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Post by Help5 » Tue Feb 19, 2013 2:59 pm

IF you know what your doing is right then not going to hearing will be big back step

Help5
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Post by Help5 » Tue Feb 19, 2013 3:02 pm

Relax Breath. Forget solicitor


You are safe ! ok

Dont take pressure You can not be deported

pageup
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worried and streesed

Post by pageup » Tue Feb 19, 2013 5:01 pm

Very worried and stressed, because for the last 3 years I trusted my solictor. what action can the judge take against me, my marriage genuine, all the evidence I have. But solictor say we should avoids going to court, first we register marriage, because solictor say on the day judge will say the same thing. Please guide less then 48 hours before the hearing.

pageup
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thank you

Post by pageup » Tue Feb 19, 2013 5:16 pm

But now worried, how can I go against my own solictor, what can be the worst decsion on the day?

pageup
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my hearing

Post by pageup » Wed Feb 20, 2013 7:30 pm

My hearing is less then 14 hours away, please any final tips. Marriage genuine, got relevant evidence,please guide, I will make every one aware of outcome thanks

Greenie
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Re: worried and streesed

Post by Greenie » Wed Feb 20, 2013 7:52 pm

pageup wrote:Very worried and stressed, because for the last 3 years I trusted my solictor. what action can the judge take against me, my marriage genuine, all the evidence I have. But solictor say we should avoids going to court, first we register marriage, because solictor say on the day judge will say the same thing. Please guide less then 48 hours before the hearing.
your marriage may be genuine but it is not valid according to UK law and i don't believe you can prove you are in a durable relationship because your wife only recently moved to the UK. You are therefore not entitled to a residence card. Is your solicitor advising you to seek an adjournment tomorrow? If so just sounds like a sensible course of action to me.

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