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im an eu citizen, got married 3 months ago to a pakistani, he applied for staying visa, and one week ago HO officers payed us a visit at home, while i wasnt there, im still in vacation in europe. they asked my husband to come once a week to their office, to sign. what does this mean?
i have my flight ticket to return to uk in one month time, as i said im in vacation. is it really necessary to cancel my vacation and return as soon as possible? why they asked him to go and sign once a week? what this procedure means? I would really appreciate some opinions.

Thank you very much

Hi
When did you apply for Spouse visa?
Was your spouse overstayer?

Godott wrote:Hi
When did you apply for Spouse visa?
Was your spouse overstayer?

we applied 5-6 weeks ago. he was on a sudent visa, which expired and he didnt renew it after sending the certificate of aproval, that was in feb 2010. we got married in march 2011.

io_anca, I totally sympathise with you.

We had a similar experience, not at home but at... our wedding - my non-EU (now) wife and myself, right before our wedding were interviewed by a Border Agency Officer - our wedding was allowed to go on, and we did get married but soon after she received this letter warning her she's liable for detention and removal and asking here to report weekly.

If you are married, there is nothing to worry about and regardless of what the immigration past of your non-EU partner, after the wedding EU law applies and not UK immigration law.

We will be seeing our solicitor soon to advise us on further action - I suggest

PS: I forgot to mention that all that happened in June, while we have an EEA2 application (under durable relationship but we have now changed to married) outstanding.

Just another effort from the bozos in UKBA to show that they are doing something by threatening people uneccessarily. Talking about waste of space...

See here for full details of our story: http://www.immigrationboards.com/viewto ... 096#508096

mastermind72 wrote:io_anca, I totally sympathise with you.

We had a similar experience, not at home but at... our wedding - my non-EU (now) wife and myself, right before our wedding were interviewed by a Border Agency Officer - our wedding was allowed to go on, and we did get married but soon after she received this letter warning her she's liable for detention and removal and asking here to report weekly.

If you are married, there is nothing to worry about and regardless of what the immigration past of your non-EU partner, after the wedding EU law applies and not UK immigration law.

We will be seeing our solicitor soon to advise us on further action - I suggest

PS: I forgot to mention that all that happened in June, while we have an EEA2 application (under durable relationship but we have now changed to married) outstanding.

Just another effort from the bozos in UKBA to show that they are doing something by threatening people uneccessarily. Talking about waste of space...

See here for full details of our story: http://www.immigrationboards.com/viewto ... 096#508096

sorry to hear about that, have u received an answer for your EEA2 application?
in my case, if its the EU law that applies, is there any risk that my husbant can be be threatened to be deported?

We have not yet received an answer for our EEA2 application (so this is why they did ask him and my spouse to report, until it is decided what happens with their case).

So long as you are married, an application cannot be refused.

And as long as you are married, she is lawfully here in the UK regardless of prior immigration history. Just follow the process through until you get a response on your application, and if you can afford it speak to a qualified solicitor - I think you can appeal the decision, but I do not know details yet.

mastermind72 wrote:And as long as you are married, she is lawfully here in the UK regardless of prior immigration history.

The marriage has to be genuine.

86ti wrote:The marriage has to be genuine.

and being on holiday separately so soon after marriage doesn't help to convince

The OP must also be exercising treaty rights. If a student (or self-sufficient) separate comprehensive sickness insurance must be held.

fysicus wrote:

86ti wrote:The marriage has to be genuine.

and being on holiday separately so soon after marriage doesn't help to convince

Not necessarily.
My husband went to Greece for short holidays regarding family visit few times without me ( even though I have been invited of course). I could not move out of here until my application has been decided so I think it is inevitable for us to go together anywhere until they decide to issue me with a RC.
But, yes I do agree the marriage m u s t be the marriage rather than a favor.
As long the EEA spouse stands for you that means it is a genuine marriage, and as long as you provide the adequate documentation you must be fine.

ok, as confirmed today via our solicitor after speaking to a Senior Immigration Officer at the 210 Old Street Immigration centre.

My non-EU spouse, with our EEA2 application outstanding, should not have been issued the reporting restrictions, and should not have been even issued with a removal liability letter, while the application is on progress.

The SIO said that this was the mistake of the IO who actually served us with the letters.

And also something else: the absence of the EU sponsor on a trip abroad, etc has nothing to do with whether your wedding is valid or not. This is totally unrelated; so long as you are married, there is no problem, the burden of proof for a sham mariage lies with UKBA not you.

They have just lost the plot completely now that the Certificate of Approval is finished, and they are exceeding their powers to make people feel threatend - do not bow to such attitude.

86ti wrote:The OP must also be exercising treaty rights. If a student (or self-sufficient) separate comprehensive sickness insurance must be held.

Sorry, i dont really understand, what kind of insurance is that? he is not a student anymore, since 1year.
concerning your previous post, i think after working 2 years its normal to get a vacation, it was planned with friends, therefore the timing did not depend on me only. as far as i know he cant travel abroad at this stage, or am i wrong?

Is it required that i end up my vacation and return to uk to join him whenever he goes to sign?

Thank you all for the answers

mastermind72 wrote:ok, as confirmed today via our solicitor after speaking to a Senior Immigration Officer at the 210 Old Street Immigration centre.

My non-EU spouse, with our EEA2 application outstanding, should not have been issued the reporting restrictions, and should not have been even issued with a removal liability letter, while the application is on progress.

The SIO said that this was the mistake of the IO who actually served us with the letters.

And also something else: the absence of the EU sponsor on a trip abroad, etc has nothing to do with whether your wedding is valid or not. This is totally unrelated; so long as you are married, there is no problem, the burden of proof for a sham mariage lies with UKBA not you.

They have just lost the plot completely now that the Certificate of Approval is finished, and they are exceeding their powers to make people feel threatend - do not bow to such attitude.

I have been following this post, all i know is the Home Office are just trying to be awkward, they sound unprofessional regarding that, but they believe this may bring out a sham marriage if there is any, but it is not with accordance with the law.

Extenuating circumstances
53.4 Marriage to an EEA national

Marriage to an EEA national who is exercising Community rights gives a family member, such as a spouse, the same rights to live and work in the United Kingdom as the EEA national. This right to residence exists as a right; it is not necessary to hold a residence permit to prove this right.

in contrary:

A non-EEA spouse who is party to a marriage of convenience has no right to be treated as a family member. A marriage of convenience is a sham marriage undertaken solely for immigration purposes. The couple have no intention from the outset of the marriage of living together as man and wife in a settled and genuine relationship. It is not enough to say that the couple are not living together at any given time; it must be proved that they never lived or intended to live together.

But:

The right to residency should not be confused with leave to enter or remain. Residency is an automatic right upon marriage to an EEA national.

The court know this and the court know the procedure Home Office must use when trying to know if a marriage is sham. Apart from this, they are just been awkward to people because they want people to think they are working, if people start taking them to court and they start spending Tax payers money then they will know what they are doing is not under EU Law.

If you are a worker as you say you do not have to concern yourself with that sickness insurance (you are covered by NHS). You should, however, consider that the UKBA may insinuate a marriage of convenience. The questions asked to your partner may give you a hint.

I agree with Obie but insinuating and proving a marriage of convenience is extremely difficult for UKBA and the instructions say that a very detailed evaluation of all factors must be made by UKBA before they do prove this.

In essence, after the fact (wedding) I think it is very difficult to prove anything, so this is why they are so mad about causing problems before it has happened.

mastermind72 wrote:ok, as confirmed today via our solicitor after speaking to a Senior Immigration Officer at the 210 Old Street Immigration centre.

My non-EU spouse, with our EEA2 application outstanding, should not have been issued the reporting restrictions, and should not have been even issued with a removal liability letter, while the application is on progress.

The SIO said that this was the mistake of the IO who actually served us with the letters.

And also something else: the absence of the EU sponsor on a trip abroad, etc has nothing to do with whether your wedding is valid or not. This is totally unrelated; so long as you are married, there is no problem, the burden of proof for a sham mariage lies with UKBA not you.

They have just lost the plot completely now that the Certificate of Approval is finished, and they are exceeding their powers to make people feel threatend - do not bow to such attitude.

immigration law is different from criminal proceeding,the burden of proof lies on the applicant.you need o prove it is not a sham marriage.

toni34 wrote: immigration law is different from criminal proceeding,the burden of proof lies on the applicant.you need o prove it is not a sham marriage.

I dont think that statement is correct. I agree that the burden of proof for eligibility lies with the applicant, and it is assumed that burden is discharged by the applicant providing a valid marriage certificate and proof that the EEA national is a qualified person. Provided those document are genuine the burden is seen as having been discharged.

If the authority is seeking to withdraw rights, and making allegations, then the burden of proof is on that authority. Under civil law this is the case.

There is no burden on applicant to prove negative. They cannot be asked to prove their marriage is not one of convenience.

He who is alleging fraud or seeking to withdraw rights has to provide proof to substantiate their claim.

I am pretty sure that Obie is right. And I am sure there is ECJ case law to back it up.

All sorts of "odd things" are fine for families with an EU family member. You do not have to be together 100% of the time, and god knows what marriage would survive that! Under EU law, the onus is on UKBA to show it is a fraudulent marriage (for example, for them to produce an evidence that you advertized yourself as available for marriage in exchange for a cash fee), and not on you to prove that the odd things that married couples do are legitimate.

CHAPTER 8 - ENFORCEMENT ACTION TAKEN AGAINST EEA NATIONALS AND FAMILY MEMBERS

3.2 Release from detention/altering reporting instructions

Where an EEA national is exercising Treaty Rights in the United Kingdom his family members (who may not themselves be EEA nationals) are afforded the same rights to free movement and residence. Accordingly that family member should not be detained or placed on reporting restrictions.

If a person who has been arrested and detained on suspicion of being an immigration offender subsequently claims to be the family member of an EEA national it will normally be appropriate to release the person from detention if we have seen:

1) Evidence of EEA sponsor’s nationality (e.g. a valid ID card or passport)

2) Evidence of the relationship (e.g. marriage or civil partnership certificate, birth certificate)

3) Evidence that the EEA sponsor is exercising a Treaty right