EEA Permit. 2 Refusals!! Complicated caseHELP!

nixyboy · Post by **nixyboy** » Wed Jul 29, 2009 12:07 pm

Hello Guys,

This is my very first time asking for some advise on any sort of forum. Here is what I am into.

I was in the UK for more then 3 years. Last year I had applied through an agent for a PSW extension. Apparently that agent forged some documents and applied through a Bogus college and in January this year I got the refusal from Home Office accusing me of using deception in my case and sending forged documents. I had been living in Europe and UK for 6 years and never had any problem and I was really shocked to find myself in this terrible situation. I had no time to appeal coz I had to come back to India for my sister's wedding. At that time I was living with my girl friend in London.

So we decided for me to come back and after attending sister's marriage I apply for Fiance visa as she is EU and is working in the UK from last 3 years.

After 6 weeks waiting British High comission called me for an interview. I tried to explain them that I never went to that Bogus college and an agent had forged some documents for some money involved for him. The interviewer said she will have to Deffer my case to Home office.

4 weeks later I recieved this:
I am not satisfied that you meet the requirements of paragraph 290 of the immigration rules for the following reasons:

In october 2008 you applied to the home office for leave to remain as a tier 1 (post study work) migrant. Your application was refused under paragraph 322 (1A) of the immigration rules because you submitted false documents (academic refferences) from a college, the cambridge college of learning. In fac you have never attended that establishment. You were warned that you had committed a criminal offence and that further action might be taken by the UK border Agency. You did not appeal again this decision and left the UK.

Submission of false documents such as this seriously damages any future application you may make. I am not satisfies therefore that you are genuinely seeking entry as a Fiance and that you and your proposed Fiance intend to live permanently with the other as spouses after the proposed marriage (pargraph 290iii)

I therefore refuse your application

Mine and my partners life has turned into living hell. We had so many financial committments tgther. And this distance is causing us awful pain and distress.

Now we are thinking of getting married and applying for EEA family Permit.

Do you guys think that British High Comission would approve my EEA Application. Our relationship is 100% genuine. We were working tgther for 2 years and then we also were living togther back in UK before I had the refusal from Home office. She has also visited me in India twice and we have whole lot of emails, chat, pictures, tickets, phone bills, our rental deed back in uk, council tax bill on both of our name, hotel bills on our names to back up our true relationship.

I highly appreciate all your suggestions and advise. Please contribute as much as you can. Specially if any one of you has been or going thru same problems.

Thanks all.

Rozen · Post by **Rozen** » Wed Jul 29, 2009 12:14 pm

nixyboy wrote:Hello Guys,

This is my very first time asking for some advise on any sort of forum. Here is what I am into.

I was in the UK for more then 3 years. Last year I had applied through an agent for a PSW extension. Apparently that agent forged some documents and applied through a Bogus college and in January this year I got the refusal from Home Office accusing me of using deception in my case and sending forged documents. I had been living in Europe and UK for 6 years and never had any problem and I was really shocked to find myself in this terrible situation. I had no time to appeal coz I had to come back to India for my sister's wedding. At that time I was living with my girl friend in London.

So we decided for me to come back and after attending sister's marriage I apply for Fiance visa as she is EU and is working in the UK from last 3 years.

After 6 weeks waiting British High comission called me for an interview. I tried to explain them that I never went to that Bogus college and an agent had forged some documents for some money involved for him. The interviewer said she will have to Deffer my case to Home office.

4 weeks later I recieved this:
I am not satisfied that you meet the requirements of paragraph 290 of the immigration rules for the following reasons:

In october 2008 you applied to the home office for leave to remain as a tier 1 (post study work) migrant. Your application was refused under paragraph 322 (1A) of the immigration rules because you submitted false documents (academic refferences) from a college, the cambridge college of learning. In fac you have never attended that establishment. You were warned that you had committed a criminal offence and that further action might be taken by the UK border Agency. You did not appeal again this decision and left the UK.

Submission of false documents such as this seriously damages any future application you may make. I am not satisfies therefore that you are genuinely seeking entry as a Fiance and that you and your proposed Fiance intend to live permanently with the other as spouses after the proposed marriage (pargraph 290iii)

I therefore refuse your application

Mine and my partners life has turned into living hell. We had so many financial committments tgther. And this distance is causing us awful pain and distress.

Now we are thinking of getting married and applying for EEA family Permit.

Do you guys think that British High Comission would approve my EEA Application. Our relationship is 100% genuine. We were working tgther for 2 years and then we also were living togther back in UK before I had the refusal from Home office. She has also visited me in India twice and we have whole lot of emails, chat, pictures, tickets, phone bills, our rental deed back in uk, council tax bill on both of our name, hotel bills on our names to back up our true relationship.

I highly appreciate all your suggestions and advise. Please contribute as much as you can. Specially if any one of you has been or going thru same problems.

Thanks all.

Wow! This is a tricky one! When you say your partner is an EU citizen, which country are we talking about?

nixyboy · Post by **nixyboy** » Wed Jul 29, 2009 12:18 pm

Hey Rozen. She is from Netherlands!!

I know it's quite complicated and absolutely messed up. Got no clue when will it end. Seems like love is just not enough for 2 people to live together just about a normal life!!!

nixyboy · Post by **nixyboy** » Wed Jul 29, 2009 1:28 pm

Come on guys contribute plzz. Would highly appreciate sincere advise of you people.

Thanks

Plum70 · Post by **Plum70** » Wed Jul 29, 2009 1:35 pm

nixyboy wrote: Seems like love is just not enough for 2 people to live together just about a normal life!!!

Not quite. You could live happily ever after in India for instance.

Anyways, I do not think that this is a done and dusted case. You have a couple of options:

1. Meet up with your g/f outside the UK, get married and apply for a EEA Family permit from the BHC. In your application, pay close attention to the points that warranted the fiancee visa refusal and divulge relevant information where requested. You may also want to take up legal representation re the forgery. Also provide credible and conclusive evidence to show that the r/ship is genuine, durable and subsisting.

2. Appeal the current refusal (preferably with legal representation), also providing sufficient evidence to assist in wiping the slate clean. However, where the EEA Family permit in option 1 will be issued free of charge (as you would be the family member of a union citizen), I am uncertain if the fiance visa is same.

Wanderer · Post by **Wanderer** » Wed Jul 29, 2009 1:36 pm

I think you both more patience and a good immigration-savvy solicitor.

nixyboy · Post by **nixyboy** » Wed Jul 29, 2009 1:39 pm

Thanks Plum70.

I wish I could just settle down here. That was the sole reason of asking my partner to come and visit different places, but fact is she just doesn't like it here!!!

So now it comes down to either leaving my green country or leaving her .. lol

Rozen · Post by **Rozen** » Wed Jul 29, 2009 1:50 pm

nixyboy wrote: So now it comes down to either leaving my green country or leaving her .. lol

Or looking for a really good solicitor?:idea: All that forgery business, whether you knew about it or not, has really screwed things up for you. You really need to get a specialist to help you sort everything out. Good Luck... You're gonna need it!

nixyboy · Post by **nixyboy** » Wed Jul 29, 2009 1:50 pm

@ Plum70..

thanks again for ur advice. Although the appeal time has passed now. The rejection was given 2 months ago back in may.

Now the plan is to get married in holland. her family has invited me and we r going to have a small marriage ceremony in holland where her family lives.

we do have loads of stuff to prove our legit relationship.

For instance the rental deed of our studio flat back in london, council tax bill on both of our names, trips tgther, her tickets to visit me in india, online conversation, emails, pictures, other utility bills back in london, prrof that we were working tgther at the same place for 2 years, hotel bills on both of our names and ofcourse would have marriage certificate from holland before i submit an EEA application.

what do you think are my chances in such a scenario of obtaining an EEA permit?

Rozen · Post by **Rozen** » Wed Jul 29, 2009 1:55 pm

Getting married in The Netherlands is not that simple! Here's just one link to give you an idea
http://www.expatica.com/nl/health_fitne ... l?ppager=1

nixyboy · Post by **nixyboy** » Wed Jul 29, 2009 2:07 pm

@ rozen

I know!!

But we r almost there now. It took us lot of time and pain to obtain the official marriage deed from Hague. It took me lot of documentation translation and lot of appostile stamps from ministry of external affairs.

Well that all is done now. This Monday we received the official deed from Hague which is valid for one year. Her family has also send me the official invitation which has been approved by the municipality from the town where they live. So all is left for me to do is just get the tourist visa and go there and get it done.

Thanks again for your help. If you have anything else in mind which could help me .. I would highly appreciate it.

nixyboy · Post by **nixyboy** » Thu Jul 30, 2009 9:30 am

nixyboy wrote:Hello Guys,

This is my very first time asking for some advise on any sort of forum. Here is what I am into.

I was in the UK for more then 3 years. Last year I had applied through an agent for a PSW extension. Apparently that agent forged some documents and applied through a Bogus college and in January this year I got the refusal from Home Office accusing me of using deception in my case and sending forged documents. I had been living in Europe and UK for 6 years and never had any problem and I was really shocked to find myself in this terrible situation. I had no time to appeal coz I had to come back to India for my sister's wedding. At that time I was living with my girl friend in London.

So we decided for me to come back and after attending sister's marriage I apply for Fiance visa as she is EU and is working in the UK from last 3 years.

After 6 weeks waiting British High comission called me for an interview. I tried to explain them that I never went to that Bogus college and an agent had forged some documents for some money involved for him. The interviewer said she will have to Deffer my case to Home office.

4 weeks later I recieved this:
I am not satisfied that you meet the requirements of paragraph 290 of the immigration rules for the following reasons:

In october 2008 you applied to the home office for leave to remain as a tier 1 (post study work) migrant. Your application was refused under paragraph 322 (1A) of the immigration rules because you submitted false documents (academic refferences) from a college, the cambridge college of learning. In fac you have never attended that establishment. You were warned that you had committed a criminal offence and that further action might be taken by the UK border Agency. You did not appeal again this decision and left the UK.

Submission of false documents such as this seriously damages any future application you may make. I am not satisfies therefore that you are genuinely seeking entry as a Fiance and that you and your proposed Fiance intend to live permanently with the other as spouses after the proposed marriage (pargraph 290iii)

I therefore refuse your application

Mine and my partners life has turned into living hell. We had so many financial committments tgther. And this distance is causing us awful pain and distress.

Now we are thinking of getting married and applying for EEA family Permit.

Do you guys think that British High Comission would approve my EEA Application. Our relationship is 100% genuine. We were working tgther for 2 years and then we also were living togther back in UK before I had the refusal from Home office. She has also visited me in India twice and we have whole lot of emails, chat, pictures, tickets, phone bills, our rental deed back in uk, council tax bill on both of our name, hotel bills on our names to back up our true relationship.

I highly appreciate all your suggestions and advise. Please contribute as much as you can. Specially if any one of you has been or going thru same problems.

Thanks all.

nixyboy · Post by **nixyboy** » Fri Jul 31, 2009 8:16 am

I could do with some m

ore sincere advice guys!!! Please help me out.

Has anyone ever been in situation like mine???

[/quote]

Rozen · Post by **Rozen** » Fri Jul 31, 2009 8:38 am

nixyboy wrote:I could do with some m
ore sincere advice guys!!! Please help me out.

Has anyone ever been in situation like mine???

Nixyboy, I have PM'd you a wealth of information to assist you, which you seem not to be reading, but have instead resorted to bumping up your thread at every opportunity!:roll: Your case IS complicated; and you obviously cannot sort this out by yourself! My final advice to you is go out and get a really good SOLICITOR, instead of wasting time here looking for assurances that you're not going to get! Nuff said. (sigh!)

nixyboy · Post by **nixyboy** » Fri Jul 31, 2009 8:50 am

@ rozen ...

I have checked every piece of information you have send me and thanks for the help.

But I am already past the stage of those information's. I have already got those documents sorted ..

Although it never hurt's to get more opinions and views from as many as possible. You don't have to participate anymore if you don't like.

but i believe it's a public forum and everyone has the right to involve themselves as much as they can to gather around useful information.

More information you have in hand better it is.

NUFF SAID

Rozen · Post by **Rozen** » Fri Jul 31, 2009 8:55 am

nixyboy wrote:@ rozen ...

I have checked every piece of information you have send me and thanks for the help.

But I am already past the stage of those information's. I have already got those documents sorted ..

Although it never hurt's to get more opinions and views from as many as possible. You don't have to participate anymore if you don't like.

but i believe it's a public forum and everyone has the right to involve themselves as much as they can to gather around useful information.

More information you have in hand better it is.

NUFF SAID

If my memory serves me correct, you are NOT past the stage of getting an Entry Clearance into The Netherlands! But I will leave you to it. Good Luck.

dima · Post by **dima** » Fri Jul 31, 2009 3:31 pm

nixyboy wrote:Hello Guys,

This is my very first time asking for some advise on any sort of forum. Here is what I am into.

I was in the UK for more then 3 years. Last year I had applied through an agent for a PSW extension. Apparently that agent forged some documents and applied through a Bogus college and in January this year I got the refusal from Home Office accusing me of using deception in my case and sending forged documents. I had been living in Europe and UK for 6 years and never had any problem and I was really shocked to find myself in this terrible situation. I had no time to appeal coz I had to come back to India for my sister's wedding. At that time I was living with my girl friend in London.

So we decided for me to come back and after attending sister's marriage I apply for Fiance visa as she is EU and is working in the UK from last 3 years.

After 6 weeks waiting British High comission called me for an interview. I tried to explain them that I never went to that Bogus college and an agent had forged some documents for some money involved for him. The interviewer said she will have to Deffer my case to Home office.

4 weeks later I recieved this:
I am not satisfied that you meet the requirements of paragraph 290 of the immigration rules for the following reasons:

In october 2008 you applied to the home office for leave to remain as a tier 1 (post study work) migrant. Your application was refused under paragraph 322 (1A) of the immigration rules because you submitted false documents (academic refferences) from a college, the cambridge college of learning. In fac you have never attended that establishment. You were warned that you had committed a criminal offence and that further action might be taken by the UK border Agency. You did not appeal again this decision and left the UK.

Submission of false documents such as this seriously damages any future application you may make. I am not satisfies therefore that you are genuinely seeking entry as a Fiance and that you and your proposed Fiance intend to live permanently with the other as spouses after the proposed marriage (pargraph 290iii)

I therefore refuse your application

Mine and my partners life has turned into living hell. We had so many financial committments tgther. And this distance is causing us awful pain and distress.

Now we are thinking of getting married and applying for EEA family Permit.

Do you guys think that British High Comission would approve my EEA Application. Our relationship is 100% genuine. We were working tgther for 2 years and then we also were living togther back in UK before I had the refusal from Home office. She has also visited me in India twice and we have whole lot of emails, chat, pictures, tickets, phone bills, our rental deed back in uk, council tax bill on both of our name, hotel bills on our names to back up our true relationship.

I highly appreciate all your suggestions and advise. Please contribute as much as you can. Specially if any one of you has been or going thru same problems.

Thanks all.

Oh!!!Why should the Home office hear your story!!!
Without your permission , agent can not send false docs...
I wonder... firstly some People say "Yes" for false docs , once they are rejected by the HO.. they say " its the mistake commited by the agent"!!!

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