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Family Member of EEA Applied EEA FP no sign of replay

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

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EUfamilymember
Newbie
Posts: 39
Joined: Thu Jul 25, 2013 7:43 am
Location: Oxford/Dhaka

Post by EUfamilymember » Fri Sep 06, 2013 6:53 pm

thnx for your response. we already checked (in embassy) and decided which certificate is going to be more convenient and reliable for us. but we are still facing unsolved problems, shall my husband go to poland to my parents and stay with them for a while then reapply for uk or wait couple of months and apply straight to uk? what can happen if he gets refusal also this time?


to settle down in uk seems to be impossible.


EUfamilymember's wife

EUfamilymember
Newbie
Posts: 39
Joined: Thu Jul 25, 2013 7:43 am
Location: Oxford/Dhaka

Post by EUfamilymember » Mon Sep 09, 2013 10:50 am

EUfamilymember wrote:thnx for your response. we already checked (in embassy) and decided which certificate is going to be more convenient and reliable for us. but we are still facing unsolved problems, shall my husband go to poland to my parents and stay with them for a while then reapply for uk or wait couple of months and apply straight to uk? what can happen if he gets refusal also this time?


to settle down in uk seems to be impossible.


EUfamilymember's wife

does anybody know what shall we do right now? any help much appreciated.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Sep 09, 2013 1:44 pm

What are your constraints? What would you really like to do right now?

EUfamilymember
Newbie
Posts: 39
Joined: Thu Jul 25, 2013 7:43 am
Location: Oxford/Dhaka

Post by EUfamilymember » Thu Sep 12, 2013 1:48 pm

Directive/2004/38/EC wrote:What are your constraints? What would you really like to do right now?
thanks for your reply. My wife safely arrived in uk. We really cant decide which going to be a good and better step. how we prove this marriage is genuine. if anyone want to see my refusal letter i will PM them. we both in really bad health condition because of this unexpected trouble we are facing and so our parents.

We are trying to get as much as evidence we can arrange.

Im not really sure about subsisting evidence...

looking for replies... thanks alot.. you guys are really so helpful.

EUfamilymember
Newbie
Posts: 39
Joined: Thu Jul 25, 2013 7:43 am
Location: Oxford/Dhaka

Post by EUfamilymember » Mon Sep 30, 2013 5:56 pm

Hello friends,

here is my refusal letter:

Starting on the refusal letter they talking about a decision ( https://tribunalsdecisions.service.gov. ... ions/38238 )

pointed out some of the Judges decision.

In assessing I need to take into consideration your previous immigration history. You applied for a Tier 4 general student application on */*/2010 which was issued for a year. I then note that you were granted an extension as a student. The Home Office received confirmation from the establishment that you had not been attending your course and curtailment was considered for no attendance. Your leave to remain was then curtailed with no right of appeal with your leave due to expire on 30/07/12. I also note that you state in your application form that you were working continuously in the united kingdom from may 2012 to December 2012 and from February 2013 to march 2013. ( Well this is my wife's working history she state this on her cover letter with my application and we also provided her payslips, P45, bank statement. but they are saying this is mine ) You have provided no explanation as to how you supported yourself during your period of purported study or what you were doing instead of attending your course, In light of the above, this diminished that credibility of your account that were only employed continuously for the period you state. you then came to light when u attempted to marry your sponsor an EEA national on April 2013, when you were arrested by the Police and served papers as a defacto overstater. You were then detained by the UK authorities for a period of 44 days and during this detention period made an in country application for leave to remain outside the rules which you later withdrew prior to your voluntary departure from detention back to Your country. Then you married you sponsor in Bangladesh one week later. ( yes because she came to Bangladesh with visitor visa for 30 days and i have to extend her visa under family visa )

You state that you met your sponsor in august 2012 after your curtailed leave to remain expired and that you have been living in a relationship or permanently together since November 2012.( We met the first day she came to uk cause she stayed with my another polish friend and we state on our cover letter that we were in relationship from august 2012 then we moved mine during October and November) Although you have submitted pictures of you together and with family, both here and in the united kingdom, you have submitted no evidence that you have been living together permanently as a couple prior to your departure from the united kingdom. ( We submitted 25 photos from uk, 27 photos from Bangladesh in total 53 photos, bank statement in same address from December. )

Further more local checks with the representative of Association of marriage and divorce register office, as carried out here and detailed in a DVR( document verification report ) have confirmed that your marriage certificate is non genuine.

All of the above casts doubt upon the claims made concerning your relationship. Given the above and in particular the lack of information and evidence and the lack of personal contact i am not satisfied that you have genuinely formed a relationship., that you have been in regular contact, and that your marriage is valid. genuine and subsisting. You therefore failed to demonstrate satisfactorily that both you and your sponsor intend to live permanently with each other as his or her spouse or that there is any affection and support between you. You have also failed to demonstrate that there is any substance to the marriage and this gives rise to suspicions that your marriage is one of convenience to facilitate your entry to the UK. I am therefore not satisfied that your meet the requirements of regulation 2(1) of the Immigration ( EEA ) regulations 2006.

On the evidence you have presented and considering your application as a whole, I am not satisfied that you meet the requirements as the spouse or partner of an EEA national as defined by the Immigration ( EEA ) Reg 2006.

and same again

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the regulation 12 of the Immigration EEA reg 2006.


Sorry guys such a long post. please share your idea's for this refusal. thanks again

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Post by askmeplz82 » Mon Sep 30, 2013 6:29 pm

EUfamilymember wrote:Hello friends,

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the regulation 12 of the Immigration EEA reg 2006.


Sorry guys such a long post. please share your idea's for this refusal. thanks again

Sorry to hear your refusal "Deshi Bhai" some forum members family permit refused 2/3 times for the same reason . I see Home office look at previous immigration history very carefully even in EEA case.

i know someone who's EEA family permit refused 3 times but later he got it somehow.

he is in the UK but again his EEA2 application refused 2 times already. He is now fighting again with the Home office with EEA2

don't give-up fight for your right
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

EUfamilymember
Newbie
Posts: 39
Joined: Thu Jul 25, 2013 7:43 am
Location: Oxford/Dhaka

Post by EUfamilymember » Tue Oct 01, 2013 9:50 am

askmeplz82 wrote:
EUfamilymember wrote:Hello friends,

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the regulation 12 of the Immigration EEA reg 2006.


Sorry guys such a long post. please share your idea's for this refusal. thanks again

Sorry to hear your refusal "Deshi Bhai" some forum members family permit refused 2/3 times for the same reason . I see Home office look at previous immigration history very carefully even in EEA case.

i know someone who's EEA family permit refused 3 times but later he got it somehow.

he is in the UK but again his EEA2 application refused 2 times already. He is now fighting again with the Home office with EEA2

don't give-up fight for your right

thanks for your reply. we are trying our level best. as far as i read in guru's post they cant refuse me based on my previous history and its been also confirmed from solvit. Solvit said they cant count my previous immigration history on EEA application.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Oct 01, 2013 12:33 pm

Keep pushing back.

You can point out when they have made an error of law, or when they have gotten their facts incorrect.

swordfish
Junior Member
Posts: 69
Joined: Tue Jan 29, 2013 11:56 am
Bangladesh

Post by swordfish » Tue Oct 01, 2013 12:52 pm

i was deported from cyprus and then we married in bangladesh. i got eea fp in first chance after 9-10 days of application. i think they they focused on your marriage certificate. btw why they says again that your marriage certificate is not genuine? did u attested from bd ministry and her embassy?

EUfamilymember
Newbie
Posts: 39
Joined: Thu Jul 25, 2013 7:43 am
Location: Oxford/Dhaka

Post by EUfamilymember » Mon Oct 07, 2013 6:25 pm

Directive/2004/38/EC wrote:Keep pushing back.

You can point out when they have made an error of law, or when they have gotten their facts incorrect.
thanks and also sorry for late reply. what do you think they made an error of law on my refusal? Shall i re submit our application with our new marriage certificate (attested from law and foreign ministry) my wife's new job payslips, letters from our friend and family that we were living together in uk. our joint bank account statement in bangladesh, our skype and facebook convo, sms, emails, facebook tags screenshot, our mobile bills, my birthday wish card from my mother-in-law and some other stuff we got.

I also have official invitation from polish government that sponsoring me to go poland.

Im also keeping all the post envelopes and parcel packages. if we need to submit with our application.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Oct 08, 2013 12:29 am

What facts did they get wrong in the refusal letter?

scorpio1
Member
Posts: 132
Joined: Fri Nov 11, 2011 9:02 pm

Post by scorpio1 » Tue Oct 08, 2013 2:39 pm

I also have official invitation from polish government that sponsoring me to go poland.
Little confusion on this matter, how come Government can sponsor you to visit Poland?
OR do you mean a sponsorship from your wife side?

EUfamilymember
Newbie
Posts: 39
Joined: Thu Jul 25, 2013 7:43 am
Location: Oxford/Dhaka

Re:

Post by EUfamilymember » Tue Apr 08, 2014 9:37 am

Directive/2004/38/EC wrote:What facts did they get wrong in the refusal letter?
Hi Directive, Sorry mate was away for awhile from this matters. Yes they are few facts they got wrong like about my previous immigration history and i applied for leave to remain illegally etc etc.

Now my wife is in UK. its been hard to get job that time, but thanks to god its ok now. shes working for council. Just wondering its almost 1 year since i left uk.

I and my wife really thankful for the help, support, information getting from here. such a nice and good forum. keep it up guys.
scorpio1 wrote:
I also have official invitation from polish government that sponsoring me to go poland.
Little confusion on this matter, how come Government can sponsor you to visit Poland?
OR do you mean a sponsorship from your wife side?
Sorry for late reply! This is a invitation (Sponsor) letter from my Parents-in-law, its been issued from Polish Immigration or something office. if you need any further information about getting that letter please let me know.

EUfamilymember
Newbie
Posts: 39
Joined: Thu Jul 25, 2013 7:43 am
Location: Oxford/Dhaka

Re: Family Member of EEA Applied EEA FP no sign of replay

Post by EUfamilymember » Sat Apr 26, 2014 4:42 am

Hello Everyone,

Yesterday I got refused for EEA family permit. with same reason lack of evidences and they also state that i haven't submitted any new evidence with my this application. Its seems like they not going to give me anything. they kept all my old bank statements from UK( corresponding proof that i and my wife lived together since November 2012), they also kept Facebook print screen, Skype call list, Mobile call list and bills.
Whilst I have considered your current application afresh. You have not sent any new evidence with your new application to satisfactorily address the concerns raised. You have again submitted photographs, but these were available in your last application. You have also submitted evidence of contact in the form of phone bills, Skype printouts and money transfers but these all appear to post date the previous decision and I cannot discount the possibility that they have been produced for the sole purpose of this application. You have still not provided any documents to show that you lived together in uk as claimed. I am aware that you have submitted numerous letters purportedly from various people who know you confirming that you cohabited. But those are self serving, and its not clear why you have not submitted any evidence from any independent or official sources.

You state that you were unaware of the curtailment of your last leave to remain. I’m not satisfied however that you have provided satisfactory evidence to substantiate this claim. In addition, only after you were detained at public expense and removal directions set, did you submit a further application for leave to remain, this time in a permanent capacity outside of immigration rules. It is not clear why such an application had not been made sooner if it genuinely held any merit. I also note that you subsequently withdraw this application and returned to Bangladesh, and I am not therefore satisfied that the leave to remain application was genuine. Furthermore whilst I accept that you voluntarily returned to Bangladesh. This was purely to reapply to return to the UK following your claimed marriage to a polish national.

I also note that you provide no satisfactory explanation for submitting a false marriage certificate. You state that you were not aware that the document was false stating that your representative was fraudulent. Your explanation is not credible and it is not clear why you would not have obtained the marriage certificate yourself when you registered your marriage. You have submitted a notary document as evidence that you were not aware of this but its not a legal document and is based on your own statements and is therefore self serving.
All of the above damages your credulity and I’m not satisfied therefore that you related as claimed or that marriage is genuine. Given this and given your failure to address the concerns raised, on the evidence you have presented and considering your application as a whole, I am not satisfied that you meet the requirements as the spouse or partner of an EEA national as defined by the Immigration ( EEA) regulations 2006
I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the immigration (EEA) Regulations 2006
They kept my original evidence and saying i haven't submitted any new evidence. Can i ask for return my original documents ? and what would be best step to take?

Thanks for helping us. Thanks a alot.

chaoclive
Diamond Member
Posts: 1599
Joined: Wed Jul 24, 2013 7:49 pm
Ireland

Re: Family Member of EEA Applied EEA FP no sign of replay

Post by chaoclive » Sat Apr 26, 2014 6:14 am

I'm not sure what else you can do but I think it's ok to at least ask for your original bank statements/phone bills/pics etc back. I think they should give them back.

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