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Obie, the OP already confirmed that they are married:Obie wrote:It appears the decision may be wrong, it should be appealed.
It seem this woman is your unmarried partner as opposed to your wife?
This gives them a firm ground to proceed with an appeal OR simply reapply addressing the UKBA's points by providing sufficient evidence if funds covering them both as well as comprehensive sickness insurance.AndreG wrote:This is serious as if my wife is deported I may never see her again. Please help me!
I'm a 27 year-old Portuguese married in the UK since the 14th of December 2012 to a 27 year-old Iranian woman.
AndreG wrote:This is serious as if my wife is deported I may never see her again. Please help me!
I'm a 27 year-old Portuguese married in the UK since the 14th of December 2012 to a 27 year-old Iranian woman. We live in the same house since mid-July 2012.
I first came to the UK in 2004 did a course, master and am now finishing a PhD. I've submitted my thesis in February 2013 and am currently waiting for an oral examination. I do not have a job yet.
My wife first came to the UK on January 2012 to do a master and had a visa until January 2013, which rushed our decision to get married in the UK.
I've helped my wife apply for a residence card on January 2013. At the time, we submitted a EEA2 application form, a covering letter from me (the sponsor), both Passports, Marriage certificate, my European health insurance card (EHIC) (issued in the UK), letter from the University of Leicester showing that I was a student at the time, bank letters (mine and hers).
We received a letter stating this application was refused because:
- My wife did not provide evidence that her EEA family member held comprehensive sickness insurance in the UK.
- My wife did not provide evidence by means of a declaration or such equivalent means, that her EEA family member had sufficient resources not to become a burden on the social assistance of the UK during her period of residence.
This application failed because under Regulation 4 of the Immigration (EEA) Regulations 2006 section (bb)(ii) I, the husband, did not present proof that I could support myself during her period of residence.
I am feeling very guilty about this refusal as I had a EHIC issued in the UK rather than Portugal and because I have not mentioned that I have a portuguese scholarship that has provided me enough money for both me and my wife to remain in the UK until August/September 2013.
The appeal must be made on one or more grounds:
1 - that the decision is not in accordance with the immigration rules.
2 - that the decision is unlawful because it racially discriminates against you (my wife).
3 - that the decision breaches rights which you have as a member of an EEA National's family under Community Treaties relating to entry to or residence in the UK.
4 - that a discretion under the immigration rules should have been exercised differently.
5 - that a decision is otherwise not in accordance with the law.
A few things have changed: she now has a part-time job as a research lab technician and I, in spite of waiting for my oral examination, am no longer considered a student (although I can get a letter from the university explaining my situation).
We have a civil partnership and have not married in the church as my wife is a Muslim. If my wife is deported back to Iran and says that she married with someone while overseas the only thing I can do is present proof that I converted to Islam. I have no problem converting, but do not want to solve this in Iran as there are higher chances of refusal there.
I am lost about what to do. Should I get a Public access Barister? How much do they charge for a case like this?
Under what grounds can I appeal for my wife and what would change in the application?
Can I appeal under grounds (3) and (5)? Is deportation to Iran sufficiently dangerous?
With her visa currently expired (a part-time job is not sufficient to request a renewal of the visa and was allowed because she was married with me) and if the appeal is also refused can I request, as a last resort, that we both return to Portugal?
It seems the decision is correct. He sent over UK EHIC, which is rubbish. And he does need proof of sufficient resources as he is no longer a student. Needs to reapply.Obie wrote:It appears the decision may be wrong, it should be appealed.
It seem this woman is your unmarried partner as opposed to your wife?
If I am wrong, and you meant civil wedding, then she has automatic rights.
The situation of unmarried partner is different from that of a spouse, so in her case, a residence card is required.
The idea of a Public access barrister is good, provided you are able to file the notice of appeal and prepare the bundles.
I wish you all the best.
You are right in that due to PR, comprehensive sickness insurance is not required. The application however did not claim PR, nor he applied for it. If he is not claiming PR, he must produce sickness insurance, even if he had started exercising rights prior to 2011. As EEA2 is made at this time, the current regulations as to the status of the EEA national apply.Obie wrote:Well you are perfectly entitled to your view. I am of the view that the decision is wrong.
This person came to the UK in 2004 and has been studying since.
In 2009, he acquired the right of permanent residence.
Prior to 2011, there was no requirement for a student to hold CSI, for their residence to be in accordance with the EEA regulations.
Notwithstsnding the fact that he produced the wrong document, that is immaterial as he is someone with a right of Permanent Residence. Therefore his wife is entitled to a Residence Card under Regulation 17 (1).
I am of the view that an appeal is quicker and provide more legal certainty quicker, than reapplying for Residence Card.
I've never been absent for more than 3 months. I don't have PR and was thinking of applying for dual nationality but finishing my studies and finding a job were my priorities. Marriage was a sweet complication to my plans.sheraz7 wrote:@andreg
Donot be panic/afraid from refusal letter as it must be a standard refusal letter that cannot change EEA regulations that determine EEA and non-EEA nationals's rights. You have plenty of options either appeal, re-apply or even you can secure permanent residence if you prove that you were student during 2004-2009 without any long absence of more than 6 months in any year.
No. They can't take your wife.AndreG wrote:- So the HO can take my wife away if I don't appeal or reapply, right?
Better to reapply when you have all the documents. Don't worry. The HO won't knock tomorrow on your door to deport your wife.- Seems reapplying would be simpler. I am deciding between getting a family member to prepare a Portuguese issued EHIC or a UK issued private insurance. It the EEA2 form it states I can apply with missing documents as long as I explain why and provide a date for submission. Should I reapply only once I have everything?
I don't want her taken while I'm reapplying...