Spouse visa refused after 6 years of Marriage

Kitty · Post by **Kitty** » Tue Feb 15, 2011 11:19 pm

batleykhan wrote:
: in your case, can prove marriage to EEA national, in a subsisting r/ship,
Correct me if I am wrong but was it not for this specific reason you were refused????.

If you couldn't prove this for your spouse visa, then how are you going to do for the EEA route?

Just a thought

The requirement for the Family Permit is that they are married and that he intends to join his EEA family member in the UK. The "subsistence" of the marriage isn't a reason for refusal.

IIRC, they can supply a marriage certificate, evidence of recent contact (maybe even saying "gosh, I can't wait until we're together again in the UK"

), and the OP is named on the tenancy agreement for the place where they intend to live together in the UK.

The only hitch I can foresee is that an alert ECO might now decide to find that theirs is a "marriage of convenience", although given the date when they married, it seems unlikely that it could have been entered into solely for immigration purposes...

daddy · Post by **daddy** » Wed Feb 16, 2011 12:37 am

Never have a checky mind, push forward on your EEA route, you are on the right part, never let some negetive advices pull you down, ride on bro!
I only ask that you never forget to write us about your success, promise?
Enjoy.

Plum70 · Post by **Plum70** » Wed Feb 16, 2011 7:21 am

Zebedey wrote:I am certainly hoping that between the photo's I am sending from over the years and the continued daily corrospondence through skype (45 pages and counting).The letters from a police officer and the mayor of the town we resided in whilst in America along with the things we had before (marriage cert. tennancy agreement from before I returned to america with both our names on it) with the document from the US government addressed to both of us that this should be enough. Also sending a booking referance from a year ago showing us travelling together. Also printing of the paypal account with our addresses matching on it. A few cards from our family to both of us (dated). Other than that I don't think we could find another document. We have searched on both sides of the pond and this is what we have come up with.

Really, this is more than enough evidence to show that your your r/ship is genuine as well as subsisting for extra measure. The 'marriage of convenience' angle should not rear its head in your case simply because of the quality of time you both have spent together. I strongly think, from the supporting docs you have (which are over and above what is required under EU law), that the EA Family permit will be granted smoothly.

Post by **batleykhan** » Wed Feb 16, 2011 8:27 am

Plum70 wrote:
Zebedey wrote:I am certainly hoping that between the photo's I am sending from over the years and the continued daily corrospondence through skype (45 pages and counting).The letters from a police officer and the mayor of the town we resided in whilst in America along with the things we had before (marriage cert. tennancy agreement from before I returned to america with both our names on it) with the document from the US government addressed to both of us that this should be enough. Also sending a booking referance from a year ago showing us travelling together. Also printing of the paypal account with our addresses matching on it. A few cards from our family to both of us (dated). Other than that I don't think we could find another document. We have searched on both sides of the pond and this is what we have come up with.

Without wanting to muddle this thing up anymore I agree the above evidence shoud now be sufficient to win on an appeal.

I thinks it best to let OP dceides what he thinks is the best route and let him pursue it without anymore inputs into this topic............... poor lad, I bet he never thought so many people were interested in his problem.

Nice to see some good advice coming in to help him

Zebedey · Post by **Zebedey** » Wed Feb 16, 2011 8:20 pm

Thanks again for all advice given. Like I said at this point we are going forward with the EEA route. I am going to do a cover letter for this application. Should I mention anything about the previous refusals?
What kind of points should I be making in this letter. I had one ready for appeal but its not any good now. I am going to have her send her passport over as well. I expect to have all of her stuff to me early next week. Once I have all of my documents together I will ask any questions I need to. Just to be clear though I need to do this application online again? It looks like I will also have to do Biometrics (for the 3rd time).
I am glad that so many people are interested in my problem. I thank you all for your continued guidance.

Post by **Obie** » Wed Feb 16, 2011 10:38 pm

In light of the nature of the refusal, i will advice OP to pursue the appeal.
They can still refuse you an EEA family permit on grounds of marriage of convenience, on the basis that your marriage does not seem to be subsisting. Also, they will have a stronger ammunition if you abandon your appeal and go for the EEA family permit route.

Had it been the time when you applied in the UK, then a residence card application under national rules, would have been the best option, as you will not be required to be in possession of a valid entry clearance before applying or required to apply from America.

If he is then refused an EEA family permit, he will have to go through the same procedure and wait for month.

Even though an EEA family permit is more straightforward, UK overseas post have been known to refuse application a lot, especially in cases were the subsisting nature of the marriage is in question.

Plum70 · Post by **Plum70** » Thu Feb 17, 2011 5:33 pm

Obie wrote:In light of the nature of the refusal, i will advice OP to pursue the appeal.
They can still refuse you an EEA family permit on grounds of marriage of convenience, on the basis that your marriage does not seem to be subsisting. Also, they will have a stronger ammunition if you abandon your appeal and go for the EEA family permit route.

This is simply not true. For what reasons can an ECO validly claim 'marriage of convenience' or 'non-subsistence'? On the grounds that the non-EEA family member is also utilising the EEA route to which he is fully entitled to join his EEA spouse in the UK? Or that he has ample evidence to show that his marriage is genuine going back many years?

Had it been the time when you applied in the UK, then a residence card application under national rules, would have been the best option, as you will not be required to be in possession of a valid entry clearance before applying or required to apply from America.

Pls get your wording/facts right - there is no such thing as a "residence card application under national rules", only a residence card under EU rules issued free of charge or a costly UK spousal via issued under the UK immigration rules.

If he is then refused an EEA family permit, he will have to go through the same procedure and wait for month.

Again, I do not see how he can be refused with all the evidence that points to him being married to a EEA national exercising treaty rights in the UK; wanting to join his EEA spouse as one would expect for a subsisting marriage and having excessive proof to a genuine r/ship over the years and currently! The ECO would have to pull something big out of the bag to counter such a strong position.

Even though an EEA family permit is more straightforward, UK overseas post have been known to refuse application a lot, especially in cases were the subsisting nature of the marriage is in question.

Your overall analysis is premature and unbalanced. Applications are judged on a case by case basis and not for the reason that it was made "overseas" or that a couple are living apart temporarily.

I think we should all just hush and let the OP make his decision... trusting that he will post back if he has any more questions.

Post by **batleykhan** » Thu Feb 17, 2011 8:54 pm

I think we should all just hush and let the OP make his decision... trusting that he will post back if he has any more questions

Yes thats right, let him pursue one or the other option. I suppose we will never know if the option that he did not choose would have had the same result as the option he chose in the end.

End of matter now and lets wait for outcome.As long as OP gets a good result either way, we should be glad for him

Zebedey · Post by **Zebedey** » Wed Feb 23, 2011 2:29 pm

Okay, my package from the UK arrived this morning.
I now have what I consider to be all of the documents I will need.

Payslips, Bank Statements, Letters from 12 people stating we are a couple that live together, 35 photo's of us (some with family), cards and letters sent from family members to both of us, letters and cards to one another for holidays aniversaries etc, some documents sent to both of us from the US gov., a booking reference with us travelling together, letter of invite from my wife, cover letter done by myself. Passport photo's of both of us, print out from paypal showing us to have the same address for 4 different places, rental agreement with both of our names on it. I think I should have enough now.
I was looking over the appeal form and there is nothing written as to how to abandon the appeal so I can start my EEA application. Does anyone know whom I would call or do I have to send/Fax something to them? If so would that be the consulate in New York?
Also will I have to do Biometrics again?
Thank you all for your help over the last 2 weeks. It has been a huge help to both of us. Not sure what we would have done.
I thank you once again for your continued assistance. I will certainly be posting again once I have my decision wether it be positive or negative.
Thank you again.

Zebedey · Post by **Zebedey** » Thu Feb 24, 2011 2:46 pm

Just got off the phone with the UK immigration people. They told me to just not appeal the decision and start the new application.
I will let you know how it all turns out.
Thank you so much for all of your help over the last few weeks.

Post by **batleykhan** » Thu Feb 24, 2011 4:40 pm

You are welcomed. I am glad we he have helped you in some way. We all wish you the best and keep us informed of the outcome of your case.

Good luck

Mk2010 · Post by **Mk2010** » Fri Feb 25, 2011 5:09 pm

Zebedey wrote:Just got off the phone with the UK immigration people. They told me to just not appeal the decision and start the new application.
I will let you know how it all turns out.
Thank you so much for all of your help over the last few weeks.

Hi Zebedey,

My wife settlement visa was recently been refused due to doubt to our marriage is genuine and subsisting.

We have submitted the appeal in Dec and currently we are in the process of waiting for hearing mostly.

This has been a frustrating time for us ...

You mentioned you've spoken to the UK immigration people.
Could you plz tell me how do you contact them?
On what basis that they advise you not to appeal but make a fresh application?

Thanks in advance

Plum70 · Post by **Plum70** » Sun Feb 27, 2011 11:06 pm

Mk2010 wrote: On what basis that they advise you not to appeal but make a fresh application?

On the basis that his wife is an Irish national and the OP therefore has two options through which he can settle in the UK - The national route and EU route.

He is abandoning his appeal via the national (UK) route to lodge a straightforward and free application for a EEA Family permit via the EU route.

Zebedey · Post by **Zebedey** » Mon Feb 28, 2011 12:19 am

I had to call England for this from the USA it is 011 44 845 6000 877
I asked them if I needed to abandon the appeal and they told me to just not fill in the paperwork and that would mean I am not appealing. Hope this helps.
To everyone else, I am having Biometrics tomorrow. I will be posting the whole lot off tomorrow as well. Again I will let you all know how it all turns out. Thanks again!

Zebedey · Post by **Zebedey** » Wed Mar 02, 2011 5:03 pm

Talk about record time! 3 hours after I got the email stating they received my package I got another email telling me that my visa has been issued!
Thank you all for your support over the last month. I am indebted to you all forever!

Plum70 · Post by **Plum70** » Wed Mar 02, 2011 11:24 pm

BRILLIANT!!!

I am well chuffed for you!!!

Now get packing...

ElenaW · Post by **ElenaW** » Thu Mar 03, 2011 5:24 am

Zebedey wrote:Talk about record time! 3 hours after I got the email stating they received my package I got another email telling me that my visa has been issued!
Thank you all for your support over the last month. I am indebted to you all forever!

Yay! Congrats.

Zebedey · Post by **Zebedey** » Thu Mar 03, 2011 2:50 pm

Okay, I received all of my documents today and noticed that my visa is post dated for the 4th of April. I gave a month from the application as I figured that it may take time.
My question is this. Is it possible for me to enter the UK as a visitor in the meantime and then leave re enter on the 4th of April.
So sorry to bother everyone again with this. Just want to know where I would stand in this regard.
Thank you once again.

Zebedey · Post by **Zebedey** » Mon Oct 17, 2011 8:21 pm

I wanted to update everyone who spent so much time responding to my thread that I have been issued a 5 year EEA Family Permit!
I want to thank everyone who took time out to help me.
It was one of the toughest times of my life and seeing the responses every day really helped me out (not just getting the visa).
Thank you all once again!

lijogk · Post by **lijogk** » Tue Oct 18, 2011 4:18 am

Just went through the whole thread . I am so happy for you . Hope now you are UK with your wife . Best of luck

Zebedey wrote:I wanted to update everyone who spent so much time responding to my thread that I have been issued a 5 year EEA Family Permit!
I want to thank everyone who took time out to help me.
It was one of the toughest times of my life and seeing the responses every day really helped me out (not just getting the visa).
Thank you all once again!

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Spouse visa refused after 6 years of Marriage

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