Immigrationboards.com

family member · Junior Member Joined: 26 Jul 2012 Posts: 13

Hello,

I would like to ask a question about my problem which I had with my application for EEA family permit to be admitted in the UK together with my wife. I went to the Embassy to apply together with my wife and I was told that my visa will be processed in Warsaw within 21 days. within this period of time I| got a call from the embassy in Bucharest that my passport arrived. After this I saw that my visa was refused with a refusal form stating that my marriage is one of convenience. They got to this conclusion because I| didn't put on my application pictures of me and my wife to prove our relationship, although on their site it was not written that I need to prove my marriage since I have already a Romanian residency card valid for 5 years. In the note was written that I can appeal this decision to UK tribunal, which I did, by sending there evidences that my marriage is a real one.
I sent this appeal in the right term and I got the confirmation from postal services. After 1 week they too the court fee from my account and after that I didn't hear from them. I don't have a file number or any other means to track my case. I asked this by email and I got a general reply that I shouldn't ask anything and I will get my answer within 10 days. The 10 days passed already and I still got no answer.
Was anybody in the same situation and can tell me how I can find out what is happening with my case?
In the mean time Romanian authorities told me that I can travel with my ID card without visa since I travel together with my wife. I should take this risk? Was anyone refuse to enter UK on arrival for similar situations?

batleykhan · Posted: Sat Jul 28, 2012 10:44 am Post subject:

The Appeal Process is a long and enduring. It can take up to 28 weeks before your appeal may be decided.

After lodging your appeal, it is unlikely that you will hear anything till the EC Manager at the post you were refused have had the opportunity to review your circumstances in view of what you have stated in (and sent) in your Appeal Notice.

This can take up to 3 months.After teh ECM has reviewed your file, he may decide to overturn teh original decision in which case you will be granted visa. If not then it will go to an hearing which could take another 3 months before it is heard. Here your fate will be decided by an Immigration Adjudicator.

As only a few weeks has elapsed as yet, I would just sit tight and IAT will contact you with any development on your appeal. You can not track what is happening with your appeal unlike teh initial application Wink

family member · Junior Member Joined: 26 Jul 2012 Posts: 13

batleykhan, thank you very much, please tell me something about this also, is it good for me and my wife to go ahead and travel? would they refuse my entrance as my wife also has been employed there in the uk and have the working contract signed in few days now, please any idear on what we can do on this situation?

vinny · Moderator Joined: 25 Sep 2007 Posts: 12061

John · Posted: Wed Aug 01, 2012 6:36 am Post subject:

Jambo · Guru Joined: 02 Oct 2009 Posts: 6092

What is your nationality? Do you require a visa to travel to the UK as a visitor?

The UK doesn't recognise Residence Card from other countries so you can't travel using that. The airline will most likely not allow you to board the flight.
if you manage to board the flight, you should be able to enter the UK if you prove you are married.

With a refused stamp in your passport, you should be prepared for questions at the border if you travel without a visa.

family member · Junior Member Joined: 26 Jul 2012 Posts: 13

John · Posted: Wed Aug 01, 2012 8:26 am Post subject:

Your nationality? Are you a so-called "Visa National"? That is, you require a visa to enter the UK? If that is the case, the airline will not allow you to board the aircraft unless you have a suitable UK visa or permit.

So you have proved to the Romanian immigration authorities that the marriage is real. You just need to do the same to the British Embassy. Submit another application for EEA Family Permit, and this time supply lots of evidence that the marriage is real, and not a marriage of convenience.
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family member · Junior Member Joined: 26 Jul 2012 Posts: 13

family member · Junior Member Joined: 26 Jul 2012 Posts: 13

John · Posted: Wed Aug 01, 2012 8:47 am Post subject:

family member · Junior Member Joined: 26 Jul 2012 Posts: 13

John · Posted: Wed Aug 01, 2012 9:00 am Post subject:

Another possibility, and the risk is all yours, is to get to say Paris, and then try to use the Eurostar train to get to London. The point is that the UK immigration for such a train is in Paris, so if you manage to convince the UK immigration authorities in Paris, and they allow you to board the train, you will have succeeded in your aim.

As you realise, you have Treaty Rights, it is just a question of convincing UK immigration that is the case.
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EUsmileWEallsmile · Moderator Joined: 07 Oct 2011 Posts: 4545

family member · Junior Member Joined: 26 Jul 2012 Posts: 13

Directive/2004/38/EC · Posted: Tue Aug 07, 2012 11:42 pm Post subject:

What is the actual exact wording of this refusal?

When were you previously refused? What did you apply for then?

Your wife has a job arranged in the UK?
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Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog

EUsmileWEallsmile · Moderator Joined: 07 Oct 2011 Posts: 4545

family member · Junior Member Joined: 26 Jul 2012 Posts: 13

family member · Junior Member Joined: 26 Jul 2012 Posts: 13

Directive/2004/38/EC · Posted: Wed Aug 08, 2012 2:32 pm Post subject:

Well, if I were refused, I would definitely reapply. I would not want to be away from my wife for so long.

You can also appeal the original refusal.

If you can please privately send me the initials of the ECO who refused the application. I am curious!
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog