MY CURIOUS CASE

[Drizzy]

I applied for EEA 2 in mid-October 2012 and got my COA four days after with right to work , And today I have just receive an email from the ukba asking my wife and I to attend an interview in Liverpool next month.

Here's the complication , we got married in August , a day before the wedding I receive a call from someone claiming to be from the ukba saying they are aware I am about to enter into a sham marriage bla bla bla , that I should come to the ukba office in london bridge with my partner that failure to do so that they will turn up the next day at my wedding and arrest my wife and me for sham marriage etc . I told him I didnt know what sham marriage he was talking about that my partner and i are getting married that they should come to the registry if they wish and arrest us for loving each other.

The next day we went to the registry , we got married and everything went well and the people we invited turned up and there was no sign of ukba staffs none of their people turned up at the wedding or anything.

Few days after my wedding I receive a letter asking us to come to London bridge again but this time I decided to show my lawyer the letter and told him about the call before the wedding , he told me to ignore the letter that the particular branch of ukba they are asking me to come mostly deal with asylums cases etc .So I haven't heard from them since after receiving my COA until the email today.

I applied on basis of economic self-sufficient because my wife is not working or permanently living here yet because she completing her university degree in Germany and only come here when she get holiday from University to be with me but will be moving here finally after she complete it later this year.

I doubt if anyone on this forum have for him/herself in this kind of situation before but any advice and contribution is welcomed and very much appreciated . What should we expect from the interview in Liverpool , what do we need to do etc ... advice please.

[Obie]

If she is not living in the UK, then you are technically not entitled to either.

When she finishes he course and relocate to the UK, then you will be entitled to reside as her spouse.

[ravii]

Can you please let us know,more about your case,i.g,your and your wife age at the time of marriage?your status in the uk?details of your documents submitted with your application etc etc?thx

[Greenie]

I am a bit perplexed as to why a loving newly married couple would choose to live in separate countries in the circumstances you describe. Why aren't you living will her in Germany? I also don't understand why your solicitor has advised you not to attend the interview with ukba.

[sheraz7]

without the actual existence of your wife inside the uk its impossible to demonstrate the eea national is excercising its treaty rights to support eea2 application.

[wolf123]

its straightaway sham marriage case in the eyes of UKBA...since she does not live here and not exercising treaty rights ..

Marriage is meant to be together this is the basic principle and you got to be together ...

this is how ukba interpret the marriage

[nidaulhaque]

YOU NEED TO MOVE TO GERMANY WITH YOUR WIFE... NEEDS TO APPLY RESIDENCE PERMIT FOR GERMANY,

THE GOOD THING IS THEY NOT REFUSED YOUR APPLICATION AND IF THEY FIND OUT AT INTERVIEW SHE IS NOT LIVING WITH YOU, YOU MAY GET TROUBLE

[Drizzy]

Thanks every one for the contribution , I did make a research before applying because I had an option to apply for a post study visa and use that to buy time till she move here permanently before I apply for a RC , but from my findings I saw on the ukba website that if your spouse is away from the country due to studies and can prof it that its possible for you to get a RC card so that's why we decided to go ahead and apply for the RC.

[sheraz7]

Being away of country must have been temporary generally 6 months in a year to maintain the residency requirement rather than living out of uk permanently.

[yogsmith]

In my case we are in country (UK) but we are not living together. We live in different cities because our jobs are in different cities. Though we meet often. Currently I have Tier 1 psw visa which is valid till may 2014.

Will there be any trouble for my RC?

[ravii]

Yogsmith!if you are living in different cities then how you are husband and wife?atleast you should have one permanent address..

[Juss]

Hi im nearly in your situation
me and my wife are not living at same address now.
we lived together for nearly 1 and half year but now because of job she moved to different address but she is exercising treaty rights as self employed.

will it effect as im in appeal process and HO may call us for interview as a part of reconsideration.



please shaer your experience.


thanks

[Juss]

Hi im nearly in your situation
me and my wife are not living at same address now.
we lived together for nearly 1 and half year but now because of job she moved to different address but she is exercising treaty rights as self employed.

will it effect as im in appeal process and HO may call us for interview as a part of reconsideration.



please shaer your experience.


thanks

[SouthWest1]

different cities but same country should not be a problem as along as you can justify it ( From my personal Experience with Permanent Residence).

there is a court judgement ( can not recall its name) states that each marriage has its own merits and living in two different cities should not automatically be called Sham Marriage or so. the court ruled in favour of the applicant.

may be one of the gurus can recall the judgement?

[sheraz7]

Hi im nearly in your situation
me and my wife are not living at same address now.
we lived together for nearly 1 and half year but now because of job she moved to different address but she is exercising treaty rights as self employed.

will it effect as im in appeal process and HO may call us for interview as a part of reconsideration.



please shaer your experience.


thanks

It will not affect as long as eea national is exercise treaty rights but make an effort to keep address unchanged than yours (if possible).

[Juss]

thanks for prompt replies


Gurus what is court judgement inn this regards.


thanks

[EUsmileWEallsmile]

thanks for prompt replies


Gurus what is court judgement inn this regards.


thanks

Diatta case