Richard W, thank you for your message with such detailed answers.
Did the ECO give any other reasons for the refusal? You were worried earlier that what you wrote in the application would not be true when it was read.
From what you have written, the ECO appears to be wrong in law. To be genuine and subsisting, a marriage does not need to be affectionate. (Sad, but true.) More to the point, the marriage does not need to be subsisting, though there are plans to overrule this court ruling when the UK government reports that the people of the UK have voted to remain in the UK. I also believe that, in law, he needs to argue that your marriage was a marriage of convenience for you to move to Bulgaria. A marriage that is not a marriage of convenience at the beginning does not, in current EU law, become a marriage of convenience 7 years later.
The funny part of all this is that I was afraid that something about my husband arrival date to the UK can be a problem, as I stated in all my emotional messages before, and the actual problem came from the direction I did not expect at all.
My first reaction was a big shock, then a thought that 23 June is approaching and this fact could make ECO's more suspicious to all non-EEA applicants.
No, there was no any other reasons for a refusal, as it was explained in my application additional info field and in my husband's support letter his arrival to the UK and that by EU law he has the 3 months of initial residence in the UK (with the articles of law that cover that right, which as I think now maybe I should not write), therefore no work and accommodation info is provided in the application.
In the refusal letter is written that I have provided only a marriage certificate as the evidence of my relationship, that I have not provided any photos showing me and my husband together before or after I got married him.
The other exact words are :
"It is reasonable to expect that in a genuine subsisting, suportive and affectionate relationship, that there would be significant evidence of regular contact, signs of companionship, emotional support, affection and an abiding interest in each other's welfare and well-being. Given the lack of supporting evidence of your relationship, I am not satisfied that you have genuinely formed a genuine and durable relationship with outward signs of affection and companionship. You have also not demonstrated 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 relationship with your sponsor is genuinely subsisting.
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."
Noone contacted me to ask for any supporting documents to break their suspicions.
What reasons did the ECO give for claiming that the marriage is a marriage of convenience? He is legally obliged to give you an opportunity to dispel his suspicions. From what you write, he has not done this.
I hope someone who knows procedure better than you can advise on what to do, but I believe the Entry Clearance Manager (ECM) should have reviewed the challenge, and that you may be able to point out the apparent errors. However, some posts make consistent legal errors, and it can be very difficult to correct them.
I believe your tactics should be:
1) Informally challenge the ECM on the decision.
2) Appeal unless the previous action works a week before the deadline.
3) Resubmit your application. You may now be able to apply on the basis that your husband is now exercising his treaty rights, though you also have the right to join him before he has been in the UK for 3 months. Include evidence that your marriage is subsisting.
I decided first to reapply as if I dont do it now, the next available appointment date will be very far from now, as the visa center in Bulgaria works 1 or 2 times a month depending on how busy is a season, so I will apply again with additional documents for our own apartment that we bought on our names in Bulgaria, our photos , email logs so on. And if I will get a refusal again, then I just dont see sense of reapplying, only appeal.
Other thoughts are:
4) Consider the overland route accompanying your husband, as was suggested in an earlier thread.
I can't risk doing this as I read in internet forums they have all visa refusals in the system at the border and when they see a refusal on the grounds of a marriage not proven to be genuine, then I have almost zero chance to enter the UK and get a residence card there.
5) You are entitled to apply directly to the British Consulate. This may be quicker than going through VA
C.
I really do not know how to apply directly to the British Consulate in Poland, there is a lack of official explanation even on how to reapply at all. As I understood that they will not take my documents unless I made an appointment on the VAC site, I believe I saw this when I was submitting my first application, if I knew some faster route-I would not wait whole month just to go for an appointment. If someone know how legally to submit FP application without using VAC, please share.
However, better advice may be provided by later posters.
BritishAccent wrote:I read in internet that an appeal procedure can take more than 6-8 months and doesn't guarantee anything and I just not going to want anymore to go to the UK if I have to stay separated with my husband for such a long period of time, and e will also want to resign his job there and to come back to Bulgaria((...
Then that is a victory for the policy aim of reducing immigration!
You are right, of course, its a desperation and emotions from my side...
BritishAccent wrote:Its written that I can appeal within 28 days after I got the refusal letter. However instead of that I would like to reapply again to the visa center. If I enclose all the proof they want-purchase contract of an apartment together with my husband in Bulgaria, we have hundreds of photos together for 7 years, so on- can they change their decision without me applying for an appeal. In other words, do they check did I apply for an appeal when they get a second application from the same person after the refusal been made by them?
Can I apply again right after I have been refused?
If yes, do I have to write in a new application that I have been refused and attach my refusal letter? Or just to make a new application without any explanations with additional documents proving that my marriage s genuine?
You can apply again. It would be a good idea to explain what is different in your application. For example:
1) Your original plan was to travel with your husband before he started work.
2) Your husband is now exercising his treaty rights. (I may be wrong about making this point. Let us see further advice.) You will therefore be travelling on your own to join him in the UK. If he intends to meet you at the airport, it may be worth saying so. If he doesn't, don't. I can imagine your FP being unofficially made conditional on his meeting you at the airport. Treaty rights are totally irrelevant if your husband will be travelling with you to the UK - you two will then have the right of unconditional initial three month stay.
3) Your understanding is that the ECO should have asked you for evidence that your marriage was not a marriage of convenience. However, for some reason, you did not receive such a request. You are now supplying such evidence.
Yes, even though my husbands still has his 3 months of the initial residence he started his work already there, has an accommodation proof but do I have to provide any proof of this?
I don't have to do it by the law but in the light of my refusal I am not sure that I believe in law any more...
BritishAccent wrote:How strange is that EU law allowing people with a residence permit of a family member to go to the UK without any visa - like as if this words on a card prove the genuine marriage of a couple (even if they just got married) , and to those who got a permanent card in the home country of their EEA national-visa to the UK can be easily refused...
I can well imagine a belief that Bulgarian Immigration is no better than British Immigration at detecting marriages of convenience, and I suspect British Immigration fear they are not very good at it. They therefore do not trust the Bulgarian decision, and assess you again. From what you write, Bulgarian Immigration suspected your marriage. To the grounds for suspicion, one can now add 7 years without children.
No, Bulgarian Immigration did not have suspicions on our marriage and issued me a permanent residence card even though after 5 years we did not have kids together.
I am not sure even how the absence of children is relevant to my family permit? There are so many reasons in the modern world why a couple do not have kids, not all reasons are pleasant to talk about them and therefore they should be a private matter of a couple, in my opinion.
I will also add that the British government does not like this EU law. They wanted to do their own checks, and were only stopped by a judgement from the European Court, supplied for the case of Sean McCarthy.
I am confused and frustrated also by the fact that I do not know is there is an actual law out there that can protect a married couple to prove twice the same legal matter in 2 different EU countries.
Thanks again,
Richard W.
Pro tip: bring an umbrella (<<< English humour)