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Hi, I have a question may be you guys could help me out.
I came in uk in 2009 on a student visa now recently I have applied for Non EEA family permit. So If I receive this permit I can stay 5 more years. That means around after 4 and hallf year I will be eligible for ILR. What If i get divorced before that and still continue to live for 4 and half year without applying for ROR? Will I be still eligible for applying ILR on my own? Please advice me.

hi,

I applied for eea2 in februrary as married. In july they asked me to attend an interview. In the interview some answers between me and my wife did not match however we both said correct. Then they detained from in the end of interview with not in country appeal right.
After they refused my ticket they handed me ticket to Bangladesh. So I put Judicial Review to cancel my ticket. Since then they have not released me yet.

Now I am thinking to go back Bangladesh and make a fresh application there.
But I am not sure whether it is gonna be accepted or not as they refused my application once already and claimed its a shame marriage. However my wife is ready to travel with me to my back home.
I have got a solicitor but he does not seems honest and its too late for me to change him. He made my appeal application already for in country even I have got not in country appeal right.

So I would like to know from all gurus here what would be the best thing to do now from my position.

Many thanks

If you are married with eu national then why are you thinking to go back Bangladesh? I think ukba staff thinking that it's marriage of convenience but if you are living together with eu national and have proofs then you may show it. I think your solicitor is unprofessional/inexperienced who is not handling the case correctly.

Dear rajib4u,

The UKBA HUNTER is exactly right, but they do not have the right to send you back unless you provide fake documents. Would you mind for telling me which documents you sent along with your EEA2? Before you apply for eea2, were you on Family permit or other visa?

Hi again,
I have provided all our bank statements for 5 months, tax letters,my wife's payslips and all our photographs since our dating to wedding day.

Yes they thought it is a sham marriage and refused my application on the basis of the marriage interview with not in country right appeal.

Now it has been one month I have been detained. So now I am thinking to go back home and make a fresh application as my wife has agreed to travel with me.

In that case whats the possibility to reconsider my fresh application?

Sham marriages v Sham interviews: which is the greater evil?
New Home Office policy document on investigating sham marriages.

Your solicitor could request a bail if they don't release you.

thanks obie for your reply. My solicitor tried to release me on bail but due to some surety issues judge refused my bail. On the next next day HO handed me ticket for back home. Later I put JR and cancel the ticket. Now I am fade up staying in detention centre and decided to go back home.

Does any one here any experience like my case applying from back home? please share thankss

Well I do not think it would work out if you agree to go back to your country because you know if you go back yeah your immigration status will be like deported and Home office side will become more stronger as they have claimed it is sham marriage.
could you tel me where did your marriage take place? and before you apply for the EEA2 were you on a visa or not?
Even if you go back to your country you will definitely have to clear them that it is not sham marriage then only they will give you the visa so ask your solicitor to make an appeal on your bail decision or make another appeal with proper supportive documents. Also ask your wife to go see the CAB regarding your marriage and your case they may give some ideas.

hi thanks for your advice. But I think appeal would be much longer process. I am planning to apply from back home as EEA FM visa. Does any one has any experience after being called marriage of convenience in uk and applying from back home again?
I am also considering to apply for a different eu country for the same visa then apply again for uk?

If you do not fight your case it'd be bad . Why are you so keen to go home ? Are you not worried about your partner ? What will she do ? . I don't think they will approve any further applications made if you go home without fighting this decision.

rajib4u wrote:hi,

I applied for eea2 in februrary as married. In july they asked me to attend an interview. In the interview some answers between me and my wife did not match however we both said correct. Then they detained from in the end of interview with not in country appeal right.
After they refused my ticket they handed me ticket to Bangladesh. So I put Judicial Review to cancel my ticket. Since then they have not released me yet.

Now I am thinking to go back Bangladesh and make a fresh application there.
But I am not sure whether it is gonna be accepted or not as they refused my application once already and claimed its a shame marriage. However my wife is ready to travel with me to my back home.
I have got a solicitor but he does not seems honest and its too late for me to change him. He made my appeal application already for in country even I have got not in country appeal right.

So I would like to know from all gurus here what would be the best thing to do now from my position.

Many thanks

What sort of questions answered incorrectly that trigger you being detained?

I would suggest you fight it with the help of good legal representative and prayers. And of course if u are in a genuine relationship you have a chance to win the appeal .

I agree that you should stay and fight this. If this is not a sham marriage, then going back would weaken your case.

But I don't think you should count on prayers to help you - they won't, and giving that as advice on this forum is ridiculous and dangerous.

I got married in uk while my visa was valid. then applied for eea residence card on the same month we got married. before i applying for eea 2 we had proof of 3 months living together and 6 months of relationship. then in july they called me for interview. after interview i got detained. then i left uk voluntarily. My wife is coming to visit me soon and i am planning to apply for Family permit from Bangladesh. Since they have moved the visa decision office I have been advised to submit duplicate copies of all original submitted documents which i am not clear.Does it means i have to submit all the photos twice? and whats the possibility of getting family permit visa. Thanks

hi any idea any one? I am completely confused.

Are you exercising a treaty right?

Wanderer wrote:Are you exercising a treaty right?

yes my wife is excising her treaty rights

Hi,
I am very sad to say that my eea family permit got refused on some stupid reasons. My wife was divorced but later her husband died. But the register put her as a window in the marriage certificate. However we got the divorce and death certificate. We got married in UK later I got detained ar the eea residence interview after that I left UK voluntarily. My wife came to see me and my family in Bangladesh. I have provided all the proofs. It is worth to mention the case worker suggested me to live with my wife in India but I am not an Indian national. Also it stated there were only two guests at the the wedding. That is also a lie. There were 8 guests at the wedding which took place at a council hall and photos were provided in the application. I am really upset with this refusal. I have provided all the proofs and everything but seems like nothing was considered by that careless case worker.
I am confused should I reapply now or lodge an appeal? I

Thanks
[img=http://s3.postimg.org/ts31ry7pr/DSC_0009.jpg]

Well your only hope is to appeal. By returning without fighting the refusal, you make it entirely difficult to succeed without an appeal.

Thanks Obie. I think you tight and it was big mistake taking decision to leave UK. But I could not accept my life in a detention centre for more than 2 months period. Anyway I am preparing to lodge an appeal this time. But you must have noticed there some errors in that refusal letter which indicates the case worker was not careful to consider my application. I am a Bangladeshi national but they said to live in india with my wife. But I know next time they will find another excuse to refuse me.

There are errors in fact. The question is whether those errors were material to the outcome of your case.

However wrong they may be, saying your marriage is one of convenience, will not change the fact that they wrongly said you are an indian.

Dont get me wrong. You certainly can appeal, and be patient to wait for a hearing in 8-9 months time, and hopefully judge will find in your favour. You can apply again, but i believe they will simply refuse on similar basis

Yes this time I am going ahead with appeal. Might apply again after coming from Sweden spending holiday with my wife. Thanks Obie

Very sad to hear that but I think , as Obie and Vinny has suggested you should've appealed in order to clear the false allegations they made against you !!
May I ask you why were you detained? there must have been a serious reason?
Why didn't your wife bail you out...

Hi,
There were no serious allegations against me. Since I moved to UK 2009 I never had a single immigration breach. Always been on legal status. I done Ba hons and Masters in UK and extended my visa twice. Until interview day I was legally living in UK. But the interview guy was not so impressed with the documents I submitted. And I applied for it soon after getting married. So he was determined it is shame marriage. Our interview was very tough. When we were answering everything right he kept asking irrelevant questions. Later he told me to wait while he go and speak with the senior case worker. Then two officer appeared to me saying my visa has been refused and from now on I have no status in UK to live legally. Later I got detained. I was very naive with handling court and solicitor. I never had a solicitor in my life. Later somehow with help of some one i found a solicitor. He charged me a lot. He prepared my bail application with two guarantors. One my wife other one friend of mine. Friend of mine had less money in the account then he stated. But the stupid solicitor said it is okay. Later judge refused my bail indicating there is not enough money and since they do not believe in my marriage they can not accept my wife as a guarantor. My solicitor was not born here. I was not aware his English is not fluent what had a impact during the hearing. Later I withdraw my everything and left UK voluntarily. So yes I have one suggestion for every one who is dealing with UK immigration. Make sure you always know a reliable solicitor who can help you when you need. It is not easy to find a good one when you already in trouble. Thanks

rajib4u wrote:Hi,
There were no serious allegations against me. Since I moved to UK 2009 I never had a single immigration breach. Always been on legal status. I done Ba hons and Masters in UK and extended my visa twice. Until interview day I was legally living in UK. But the interview guy was not so impressed with the documents I submitted. And I applied for it soon after getting married. So he was determined it is shame marriage. Our interview was very tough. When we were answering everything right he kept asking irrelevant questions. Later he told me to wait while he go and speak with the senior case worker. Then two officer appeared to me saying my visa has been refused and from now on I have no status in UK to live legally. Later I got detained. I was very naive with handling court and solicitor. I never had a solicitor in my life. Later somehow with help of some one i found a solicitor. He charged me a lot. He prepared my bail application with two guarantors. One my wife other one friend of mine. Friend of mine had less money in the account then he stated. But the stupid solicitor said it is okay. Later judge refused my bail indicating there is not enough money and since they do not believe in my marriage they can not accept my wife as a guarantor. My solicitor was not born here. I was not aware his English is not fluent what had a impact during the hearing. Later I withdraw my everything and left UK voluntarily. So yes I have one suggestion for every one who is dealing with UK immigration. Make sure you always know a reliable solicitor who can help you when you need. It is not easy to find a good one when you already in trouble. Thanks

I must say your case is quite unique, I have never seen or heard something similar to this !!
but tell me what was the case workers argument to doubt your marriage ? he must have stated that .. did you get any questions wrong ? if yes what questions were they ?
You mentioned the case worker was impressed with your paperwork what do you mean by that?
How much money did your guarantor had to have ? Is there any specific conditions that the guarantor need to satisfy in order to bail you out?