Post
by Pablito » Mon Feb 18, 2013 3:11 pm
I don't know if it was good thing for me to do but here is what response I sent to Entry Clearance Manager:
Dear Sir/Madam
I am writing to you to request that you kindly reconsider my application for EEA Family Permit and overturn the decision made by ECO.
Both with my husband we believe that decision made was unjustified and made solely out of prejudice to my previous immigration history.
ECO had concluded marriage of convenience on the mere facts of my husband’s family not being able to participate on the wedding ceremony and me not visiting them in Poland( My husband’s mom has serious health condition and travel to the Philippines is very long and its a health issue) We believe that these are far from any real criterias to decide genuine nature of our marriage. Moreover ECO did not even recognise all the evidence I provided to prove that our marriage is substantial, for example: proof of cohabitation in Mandaluyong City together with my husband we provided since the day of his arrival in The Philippines, visa stamps, certification from the Barangay that we have lived together since June 23, 2012.
Before I returned to the Philippines, both of us were in the relationship, we have provided photos which clearly show places in London, Blackpool, Edinburgh also there were photographs of my parents attending our civil wedding ceremony and my family. Along with the application form I had attached copy of my husband’s passport which clearly states that the passport was issued in Edinburgh the place where my student visa was granted and where I lived. ECO refused even acknowledging those facts in her refusal letter, but only stating that we should provide bank statements or tenancy agreement during our stay in UK, although at that time we were not even married and didn't see that as a necessity in our relationship.
It was also pointed out that my husband hasn’t secured his stay in the Philippines, this and the fact that we didn’t provide evidence of financial support. Under Directive 2004/38/EC, Article 6 both with my husband are not required to prove any financial sustainability for the purpose of travel to another member state for period not exceeding 3 months, nor my husband is required to apply for residence in the Philippines if we don’t wish to stay here. It is up to our personal choice whether we wish to stay here or exercise freedom of movement and my derivative rights from my husband.
During the period since I applied for EEA Family Permit, ECO had never even contacted me to request for any additional evidence regarding our marriage, nor anyone even requested for it during the call from the embassy when I was invited for an interview and I had to complain since the guidelines for application’s decision was already over 15 days. Both with my husband we live approximately 9km from the embassy, we would welcome The immigration officers to visit us here and find out that we live together, but sadly nobody ever came.
Both with my husband we also can’t understand suggestion made by ECO about my husband being in the Philippines long before we met and what has it got to do with anything or how it could affect our marriage being not genuine. My husband could visit Philippines long before he met me for his personal reasons like e.g tourism, and then to finally meet me and be happy for us being together and later get married with me and be happy. May I also note here that my husband and I have never been married before.
May I also refer you to UKBA’s internal guidance EUN 2.10 which states :
“The definition of 'spouse' and 'civil partner' in the EEA Regulations does not include someone who has entered into a marriage / civil partnership of convenience.
When a marriage / civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is
entitled to interview the applicant. Factors to consider include:
an adverse immigration history;
doubts about the validity of documentation;
application follows soon after the marriage / civil partnership;
no previous evidence of the relationship.
The ECO should not consider the following cases as marriages / civil partnerships of convenience where:
there is a child of the relationship;
there is evidence to suggest cohabitation.”
From this guidance it is obvious and i hope it could be easily recognised that ECO failed to acknowledge that burden of proof should be high, and deliberately omitted evidence of cohabitation to suit her own liking to determine marriage of convenience. As a matter of fact ECO completely disregarded evidence given as not relevant.
Please also refer to EUN2.4: “It is important not to test overall intentions in assessing applications for an EEA family permit. Also, there is an initial right of residence for 3 months, which means that an EEA national does not have to be exercising a treaty right immediately on arrival in the UK.”
Finally, I again kindly request you to overturn the decision on my application and granting me the permit. In case of your refusal please provide us with the names of persons handling my case. A refusal of this application will interfere with the free movement of my EU spouse and of our family.
Should you have any questions of law, please discuss it carefully with Euro Casework
If you refuse this , I will formally complain to the European Commission and Solvit, and will seek compensation.
Thank you for your timely and professional attention to this application.
Please find attached copy of refusal letter in this email.
