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EEA2 Refusal - need help

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

kamransh
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Post by kamransh » Thu Jun 21, 2012 9:12 pm

Samelamin wrote:you would think so yes but apperantly according to an immigration lawyer with 10 years exp in era applications , the home office are rejecting most applications made by couples of Asian/African and eastern European decent

we unfortunately fall in this category so we got rejected

she says although unfair, most sham marriages fall under those couples and as such are rejected by default so that the validity of the relationship is confirmed during the appeal process

it is really unfair but I can see how it makes sense

she did urge us to appeal rather than reapply to put a curb on these rejection letters , make an appeal not just for me but for all Afro/Asian partners who are or will go through the same problems
Although I understand according to UKBA marriages b/w asians/africans and europeans might be suspicious but they will not refuse an application based on the ethnicity of the applicants. If they are suspicious then they will either request for more documents or inquire further. Refusing an application on ethnicity is breach of EU LAW.

I have seen posts in this forum where UKBA has visited residence of applicants to verify if the marriage is genuine so as I said they can cannot refuse an application based on a assumption.

I think you should wait for your refusal letter and then work on a plan of action.

Samelamin
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Location: 161
Sudan

Post by Samelamin » Fri Jun 22, 2012 9:10 am

kamransh wrote:
Samelamin wrote:you would think so yes but apperantly according to an immigration lawyer with 10 years exp in era applications , the home office are rejecting most applications made by couples of Asian/African and eastern European decent

we unfortunately fall in this category so we got rejected

she says although unfair, most sham marriages fall under those couples and as such are rejected by default so that the validity of the relationship is confirmed during the appeal process

it is really unfair but I can see how it makes sense

she did urge us to appeal rather than reapply to put a curb on these rejection letters , make an appeal not just for me but for all Afro/Asian partners who are or will go through the same problems
Although I understand according to UKBA marriages b/w asians/africans and europeans might be suspicious but they will not refuse an application based on the ethnicity of the applicants. If they are suspicious then they will either request for more documents or inquire further. Refusing an application on ethnicity is breach of EU LAW.

I have seen posts in this forum where UKBA has visited residence of applicants to verify if the marriage is genuine so as I said they can cannot refuse an application based on a assumption.

I think you should wait for your refusal letter and then work on a plan of action.
I agree, it hasn't arrived as of yet, but it means I wont be able to lodge my appeal till Monday

Do you know anything about my rights of work during the appeal process?

The reason I ask is my visa runs out mid July so I will need to prove to my work that I am legal to work?

My question is how long from the time I start my appeal to get proof of right to work
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

Samelamin
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Posts: 361
Joined: Wed Oct 06, 2010 8:41 am
Location: 161
Sudan

Post by Samelamin » Fri Jun 22, 2012 7:10 pm

The refusal came and as discussed it is due to the home office believing it was a marriage of convienience

The refusal letter states that we needed an interpreter at our wedding which is totally untrue, my wife has a great command of the english language

and the sad - or funny in this case - thing is we have a video of us at the wedding doing our vows


The letter then goes to state that there was no interaction between me and my wife at the wedding!

it feels like a template they send to all marriages they feel are fake!!

I am fuming at the amount of lies on this refusal and the funny thing is the report which indicates all this was made on the 19th of June, the day of the deadline

Which feels like a rushed job just to meet a deadline, our lawyer said to send the refusal letter first thing monday which we will do

Its crazy but here is valid proof that there is some sort of discrimination going on. They state that they were at our wedding which they werent and that me and my partner could barly understand each other which is a blatent lie!!
Definitly appealing this decision!
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Jun 22, 2012 8:07 pm

Samelamin wrote:The refusal came and as discussed it is due to the home office believing it was a marriage of convienience
Were you interviewed at any point by UKBA?

Samelamin
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Location: 161
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Post by Samelamin » Fri Jun 22, 2012 8:13 pm

EUsmileWEallsmile wrote:
Samelamin wrote:The refusal came and as discussed it is due to the home office believing it was a marriage of convienience
Were you interviewed at any point by UKBA?
Never! not even a letter to request more evidence not a home visit

They have no proof whatsoever except my visa expiring

What really angers me is the fabricated evidence of "an interpreter present at our wedding" and the "very little interaction between my wife and I"

We have pictures and a bloody video that proves otherwise!
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

ikidunot
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Post by ikidunot » Fri Jun 22, 2012 9:52 pm

Wow! This is terrible!

It seems very arbitrary and is most certainly an example of the UKBA being very discriminatory in their application of the Regulations. It's even flagrant that they'd accuse you of this without even having given you an opportunity for proving otherwise. I feel very sorry about this and wish that you would, for your sake and for everyone else's, pursue an appeal of this refusal. Fortunately, you have evidence which definitively contradicts and proves how incorrect their conclusion was.

Have you incurred any loss as a result of this? Employment or travel plans curtailed? You could launch a claim for compensation against the agency. I'd hate to think that this was simply a case of mistaken case (wrong letter to wrong individual), but it would be hard for them to demonstrate that they used an entire six months to conclude something prematurely and incorrectly.

We're all behind you on this one.

Samelamin
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Location: 161
Sudan

Post by Samelamin » Fri Jun 22, 2012 10:05 pm

ikidunot wrote:Wow! This is terrible!

It seems very arbitrary and is most certainly an example of the UKBA being very discriminatory in their application of the Regulations. It's even flagrant that they'd accuse you of this without even having given you an opportunity for proving otherwise. I feel very sorry about this and wish that you would, for your sake and for everyone else's, pursue an appeal of this refusal. Fortunately, you have evidence which definitively contradicts and proves how incorrect their conclusion was.

Have you incurred any loss as a result of this? Employment or travel plans curtailed? You could launch a claim for compensation against the agency. I'd hate to think that this was simply a case of mistaken case (wrong letter to wrong individual), but it would be hard for them to demonstrate that they used an entire six months to conclude something prematurely and incorrectly.

We're all behind you on this one.
The report which lead to my refusal, the one stating that our wedding was a sham and that an interpretor was needed at our wedding was made on the 19th of June, the very day of the deadline for our application. It was clearly a rush, any logical person would never believe this report suddenly came about coincidently on the very day of the deadline

and to be filled with such lies, such fabricated lies is ridiculous and unacceptable! I will miss my flight due to this and I will most definitely take legal action to be re compensated. The point is this sort of discrimination is taking incompetence to a whole new level and the home office needs to be held accountable for what are blatant lies on our refusal letter.

No home office worker was at our wedding, and even if their was - the wedding was held on the 8th of December,the report would have certainly appeared anytime before the deadline day of the 19th of june

This is what I honestly believed happened, the MP got in touch with the home office after I urged them to because of our flights, and the home office needed to make a decision by that day so they erred on the side of caution as it is more likely to be a sham marriage than a genuine one but they needed to prove that so they fabricated the evidence. They probably thought if we are right we stopped someone cheating the system and if we are wrong they will appeal and no one will get hurt. Win win only in my case I miss the first holiday me and my wife planned which was supposed to be our honeymoon and we deserve to be properly compensated for that


When someone tries to cheat the system by misguiding the home office they are stopped from entering the country for a minimum of 10 years and in some cases face imprisonment, it will only be fair if the home office faced the same consequences of their underhanded tactics, just paying us back for the missed flights and hotel is not enough and we will go to the media if we have to get justice
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

spike_UK
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Location: Burton upon Trent
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Post by spike_UK » Fri Jun 22, 2012 10:24 pm

ikidunot wrote:Why do you believe they might have rejected you on the basis of your marriage?
I'm sorry to hear that,,,,you are refused about you marriage.

looking at what ikidunot" writen, why were you suspicious about your marriage and refusal letter before even you receive it?!!!
If it's not true what they say and you can prove that, so you have nothing to be worried about....just apeal against it and i'm sure they will appologise to you and you will win, besides if you lose anything then you can get the compensation.
All the best mate.
Applied for EEA4 on 24/02/2012.
HO received on 27/02/2012.
Refusal received on 16/08/2012 dated 11/08/2012
At the court, the HO REP withdrawn the decision and asked me to send the DOC for the time before marriage.
PR dated 05/03/2013

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Jun 22, 2012 11:03 pm

Samelamin wrote:
EUsmileWEallsmile wrote:
Samelamin wrote:The refusal came and as discussed it is due to the home office believing it was a marriage of convienience
Were you interviewed at any point by UKBA?
Never! not even a letter to request more evidence not a home visit

They have no proof whatsoever except my visa expiring

What really angers me is the fabricated evidence of "an interpreter present at our wedding" and the "very little interaction between my wife and I"

We have pictures and a bloody video that proves otherwise!
It is possible that you've been mixed up with someone else!

ikidunot
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Post by ikidunot » Sat Jun 23, 2012 12:07 am

Samelamin wrote:
This is what I honestly believed happened, the MP got in touch with the home office after I urged them to because of our flights, and the home office needed to make a decision by that day so they erred on the side of caution as it is more likely to be a sham marriage than a genuine one but they needed to prove that so they fabricated the evidence. They probably thought if we are right we stopped someone cheating the system and if we are wrong they will appeal and no one will get hurt. Win win only in my case I miss the first holiday me and my wife planned which was supposed to be our honeymoon and we deserve to be properly compensated for that.
That's an interesting reasoning about what might have happened, though, for their sake, we hope it isn't true. Because if it were, it would mean that not only is the UKBA vindictive, they would be at the same time both capable of meeting the 6-month deadline (if they could simply have "suddenly resolved" it one day such as that) and also incapable of meeting the 6-month deadline if they were able to resolve cases in one day but deliberately chose not to.

I would really like for this to become a European Commission case which changes once and for all the UKBA's handling of EEA residence card applications, or at least makes it more transparent.

sheraz7
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Location: UK

Post by sheraz7 » Sat Jun 23, 2012 3:34 am

Which area you live and married. Does in your area have you seen the people from your ethnic background marry to eea national which now taking place everywhere. Because if not then maybe you look more prominent there as because minority always seen or checked with different eyes by authorities

Samelamin
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Location: 161
Sudan

Post by Samelamin » Sat Jun 23, 2012 7:13 am

spike_UK wrote:
ikidunot wrote:Why do you believe they might have rejected you on the basis of your marriage?
I'm sorry to hear that,,,,you are refused about you marriage.

looking at what ikidunot" writen, why were you suspicious about your marriage and refusal letter before even you receive it?!!!
If it's not true what they say and you can prove that, so you have nothing to be worried about....just apeal against it and i'm sure they will appologise to you and you will win, besides if you lose anything then you can get the compensation.
All the best mate.
The reason I was suspicious is because our MP told us our application has been refused before we even got it, we supplied all the needed documentation so we started ruling out reasons for refusal and the only possible reason is that they do not believe the relationship is genuine

I will appeal yes but I am also thinking of following mcovet's advice appealing while simultaneously sending them all this documents to prove they were lying but I shall confirm with the lawyer if that is the best course of action



I will keep you all updated with this case, I will have to go to the media with this because at the moment all you hear are illegal immigrants doing crimes and stealing jobs but you never hear about them being victims at all. I hope my case can hold the home office accountable for their actions towards us and hopefully facilitate more communication between us and them
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

Samelamin
Member of Standing
Posts: 361
Joined: Wed Oct 06, 2010 8:41 am
Location: 161
Sudan

Post by Samelamin » Sat Jun 23, 2012 7:17 am

sheraz7 wrote:Which area you live and married. Does in your area have you seen the people from your ethnic background marry to eea national which now taking place everywhere. Because if not then maybe you look more prominent there as because minority always seen or checked with different eyes by authorities
I live in Southwark and there are no Sudanese here but there are Africans married to polish people

It doesn't matter what area we live in though, if they felt that our marriage was a farce they should have made some sort of attempt to justify that, but since they did not deal with it till the very last day when this report miraculously showed up they didnt, the decided to just reject it and hope we were a fake couple.

It is gross misconduct in their part as they fabricated the evidence about our wedding completely
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

Samelamin
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Posts: 361
Joined: Wed Oct 06, 2010 8:41 am
Location: 161
Sudan

Post by Samelamin » Sat Jun 23, 2012 7:22 am

EUsmileWEallsmile wrote:
Samelamin wrote:
EUsmileWEallsmile wrote:
Samelamin wrote:The refusal came and as discussed it is due to the home office believing it was a marriage of convienience
Were you interviewed at any point by UKBA?
Never! not even a letter to request more evidence not a home visit

They have no proof whatsoever except my visa expiring

What really angers me is the fabricated evidence of "an interpreter present at our wedding" and the "very little interaction between my wife and I"

We have pictures and a bloody video that proves otherwise!
It is possible that you've been mixed up with someone else!
Possibly but the fact that this report came about on my deadline day leads one to believe it was rushed and they meant for that to happen. I called at around 4 pm on the 19th and no decision was made, which was why I was urging the MP to get in touch with them

More likely they knew what they were doing and will use that as an excuse! Still, that is gross misconduct and/or negligence in their part. They have 6 months to be absolutely sure we are a fake couple and they made this decision based on one days fake report

The sad thing is they state that we made our decision based on this report and then dated the report the 19th of June!
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

thsths
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Posts: 775
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Post by thsths » Sat Jun 23, 2012 12:07 pm

ikidunot wrote:That's an interesting reasoning about what might have happened, though, for their sake, we hope it isn't true. Because if it were, it would mean that not only is the UKBA vindictive,
I would call it hypocritical rather than vindictive. If the situation is as described, it seems quite reasonable to assume that the UKBA has a reason to refuse the application, but they are not willing to disclose it (maybe it is discrimination?), and so they fabricated an excuse. I would check the details of the report before jumping to any conclusions.

And generally this is how a lot of bureaucracies work. I have no reason to believe that the UKBA is free of these flaws. In fact there is a lot of evidence indicating that the UKBA is rather substandard as far as bureaucracies go.
deliberately chose not to.
It is quite obvious that the delays are very much deliberate, in that staffing is insufficient, and processing is not exactly efficient. Unfortunately that is not illegal.

Of course I would like to see someone argue that since postal application is mandated, the postal delay has to be included in the 6 months period. But that is very much a side issue.

Samelamin
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Joined: Wed Oct 06, 2010 8:41 am
Location: 161
Sudan

Post by Samelamin » Sat Jun 23, 2012 12:22 pm

you raise an interesting point, sufficed to say that we were one of the applications that just had to be refused

They probably have quotas set by the government due to the need to hit their targets of bringing down immigration from 250,000 to a few hundreds ( this was one of the promises from the last election)

But it raises the question as to whether the judge will side alongside such lies even after presented by numerous witness and a videos,pictures,tickets and other documents that prove otherwise

Today I printed off bank statements going back all the way to Aug 2010 when my wife and I first started living together.I will use these in both my appeal and my second application where I will demand priority due to my case being mishandled

We wont stop till the home office admits its at fault for their hypocritical and to some extent vindictive attitude towards immigrants. Regardless of what anyone thinks its a really bad time to be an immigrant in the UK due to the overall attitude towards us, you can just do a quick search for immigration news in the UK and I guarantee you that you will find either bad publicity or promises by politicians to reduce overall migration despite all the good that it has done for the country
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

Samelamin
Member of Standing
Posts: 361
Joined: Wed Oct 06, 2010 8:41 am
Location: 161
Sudan

Post by Samelamin » Sat Jun 23, 2012 6:36 pm

I have just emailed our MP informing them of the refusal and asking them to find out why these lies have been put in place. I asked her to hold the home office accountable for their actions as I am still deeply upset

I have also sent out an email to news stories and the media so we get some exposure that might put the home office under pressure and stop them making these unacceptable decisions.

I will keep everyone updated on my case
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

bil123
- thin ice -
Posts: 148
Joined: Tue Oct 11, 2011 11:01 pm

hi

Post by bil123 » Sat Jun 23, 2012 9:09 pm

hi samelamin ,
sorry to hear about your refusal ,its just unacceptable for any one who is in a geniuine relationship,I know how does it feels when you are planning to go on your first holiday with your wife and than you have been notified that you are not only refused to give a Rc but now you have to prove UKBA ,court etc that you really love each other its just so unfair.
I am from Pakistan and also going for a appeal luckily my Rc was refused not because of a sham marrige but due to some stupid medical insurance and funds,hope fully I will clear them with the support of evidence ,but they did visit us at our home and we have to answer their questions I feel this is not fair why we have to answer first than get refusal for some other reasons if A not B if B not C ,,,ridiculous ,,,Please go to media and do as much as you can to protect your rights I will also do the same once my appeal is allowed we are also in a great stress beccause of all this but trust me now this is the time we have to raise our voices against UKBA for their unlawfull actions other wise they will continue doing this with other innocent people .Please update us with your case time by time I wish you all the best,


BIl.

spike_UK
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Location: Burton upon Trent
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Post by spike_UK » Sat Jun 23, 2012 11:33 pm

Samelamin wrote:I have just emailed our MP informing them of the refusal and asking them to find out why these lies have been put in place. I asked her to hold the home office accountable for their actions as I am still deeply upset

I have also sent out an email to news stories and the media so we get some exposure that might put the home office under pressure and stop them making these unacceptable decisions.

I will keep everyone updated on my case
Well done mate, do anything you can do to bring HO to their knees, don't give up, complain after complain and they will have no choice but apologise.
All the best.
Applied for EEA4 on 24/02/2012.
HO received on 27/02/2012.
Refusal received on 16/08/2012 dated 11/08/2012
At the court, the HO REP withdrawn the decision and asked me to send the DOC for the time before marriage.
PR dated 05/03/2013

Samelamin
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Posts: 361
Joined: Wed Oct 06, 2010 8:41 am
Location: 161
Sudan

Post by Samelamin » Sun Jun 24, 2012 1:16 pm

WE have just collected documents to prove our relationship, so far we have


1)bank statements going back to 2010/2011 - all under my name for our address in Leeds
2) phone records for my phone calling my partner for 2011
3) phone records for my parter calling me for the recent months of 2012
4) Recent utility bills under my partners name
5) tickets of me Commuting to Leeds for the few months of 2011 when we lived apart
6) flight tickets of our holidays - 6 in total including the one next week that we are missing
7)Letter from my partners employers which state she is under full time employment
8) recent bank statements for 2012 for both my partner and I (proof of address)
9) my partners payslips
10) tickets for my partner commuting to London during the months we lived apart
11) marriage certificate

There were far too many pictures to print so we think we will send a CD with the pictures and videos to save on the multitude of papers that we already have


Anyone can think if anything else we might have missed?
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

thsths
Senior Member
Posts: 775
Joined: Sun Apr 29, 2007 8:14 pm

Post by thsths » Sun Jun 24, 2012 3:17 pm

Samelamin wrote:What really angers me is the fabricated evidence of "an interpreter present at our wedding" and the "very little interaction between my wife and I"
While I understand your anger, I would say that it is in your own interest to stay calm and rational about this. It is a bureaucracy - you cannot fight it like a person. Look at your situation, use your cunning, plan the next move, and you will get your right eventually. And under European law you can pursue several options - e.g. a complaint, an appeal, and a new application.

Samelamin
Member of Standing
Posts: 361
Joined: Wed Oct 06, 2010 8:41 am
Location: 161
Sudan

Post by Samelamin » Sun Jun 24, 2012 4:52 pm

thsths wrote:
Samelamin wrote:What really angers me is the fabricated evidence of "an interpreter present at our wedding" and the "very little interaction between my wife and I"
While I understand your anger, I would say that it is in your own interest to stay calm and rational about this. It is a bureaucracy - you cannot fight it like a person. Look at your situation, use your cunning, plan the next move, and you will get your right eventually. And under European law you can pursue several options - e.g. a complaint, an appeal, and a new application.
Wise words, my wife will be heading to the solicitor tomorrow to plan our next move. Depending on the outcome of that meeting we will either appeal AND send a complaint with a fresh application requesting priority treatment

or just an appeal and a complain

What do you think the best course of action is?
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

spike_UK
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Location: Burton upon Trent
Contact:

Post by spike_UK » Sun Jun 24, 2012 7:47 pm

or just an appeal and a complain

What do you think the best course of action is?[/quote]

Hi mate, I think reapplying is ignoring what HO done to you and they could do the same again, but appealing and same time complain are 2 points to assure them that they are wrong and you wont take it.
Please stop stressing yourself as we all feel sorry for you and we are with you in this case,,, it is redecilous.
Applied for EEA4 on 24/02/2012.
HO received on 27/02/2012.
Refusal received on 16/08/2012 dated 11/08/2012
At the court, the HO REP withdrawn the decision and asked me to send the DOC for the time before marriage.
PR dated 05/03/2013

Samelamin
Member of Standing
Posts: 361
Joined: Wed Oct 06, 2010 8:41 am
Location: 161
Sudan

Post by Samelamin » Mon Jun 25, 2012 8:04 pm

Well we have just submitted our appeal online and we will post all the necessary documents tomorrow.

Quick note, a free advice help line informed us that on some occasions when there is more than enough evidence provided the tribunal automatically makes a decision even if an oral hearing is requested

can anyone verify this?
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

Vinayak
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Posts: 24
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Post by Vinayak » Wed Jun 27, 2012 9:51 am

When I had appealed last year the barrister and the solicitor advised me to send actual pictures than CDs. Also while reading your earlier posts did you actually sent a cd of your actual wedding ?

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