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EEA Spouse Refused

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

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Biko
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EEA Spouse Refused

Post by Biko » Fri Dec 18, 2020 5:20 pm

Hi Guys, Here below is the refusal - can someone please advise of what we can do?

• In order for a marriage certificate to be considered as valid the marriage needs to be conducted in accordance with laws of the country in which it was solemnised in, registered with a competent authority, and contain signatures from both the bride and groom as well as any relevant witnesses to the marriage. However, it is noted that the signature of the bride on the marriage certificate does not match the signature in your passport. While it is noted that you have provided an affidavit stating that the person who signed the marriage certificate and you, are one and the same, you have provided no evidence signed by a competent authority stating the same.
• Therefore I am not satisfied, based on the evidence you have provided in isolation, that you are a 'family member of a relevant EEA Citizen'.
• Your application is refused.

secret.simon
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Re: EEA Spouse Refused

Post by secret.simon » Fri Dec 18, 2020 5:48 pm

In which country did you get married? What are the nationalities of the EEA citizen? In which country was the application refused? Why did the bride not sign with her usual signature (the one in the passport)?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Biko
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Re: EEA Spouse Refused

Post by Biko » Fri Dec 18, 2020 5:55 pm

Thank you, marriage was in Nigeria and EEA natioanal is Hungarian. EAA visa is intended for the UK.
The signatures are irregular for reason i cant understand.

Any advise for any additional document for the appeal?

secret.simon
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Re: EEA Spouse Refused

Post by secret.simon » Fri Dec 18, 2020 6:13 pm

I'd suggest reapplying with the correct signature. Presumably the EEA national is currently living in the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Biko
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Re: EEA Spouse Refused

Post by Biko » Fri Dec 18, 2020 6:16 pm

Note, the marriage certificate has been signed, do we have to request for a new marriage certificate or what?

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Zerubbabel
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Re: EEA Spouse Refused

Post by Zerubbabel » Fri Dec 18, 2020 9:53 pm

marriage was in Nigeria and EEA natioanal is Hungarian. EAA visa is intended for the UK.
So to summarise: a Hungarian marries a Nigerian in Nigeria in order to take him to the UK.

Any time multiple and unusual countries are involved, this triggers scrutiny. They either think the marriage is of convenience (contracted for the sole purpose of facilitating immigration) and/or the documents provided are not genuine.

Do you have photos of the marriage when it was solemnised?

Why did the bride signed differently in the wedding register? If she has multiple signatures, is she able to show other documents with the same signature used during on the register?

At the moment, they don't believe she event went to Nigeria to get married. They probably think either the document is a forgery or a proxy signed for her.

Sundancekid12
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Re: EEA Spouse Refused

Post by Sundancekid12 » Sat Dec 19, 2020 1:58 pm

Does the bride and groom have to sign a proxy marriage certificate to make it valid?

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Zerubbabel
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Re: EEA Spouse Refused

Post by Zerubbabel » Sat Dec 19, 2020 7:08 pm

Sundancekid12 wrote:
Sat Dec 19, 2020 1:58 pm
Does the bride and groom have to sign a proxy marriage certificate to make it valid?
Proxy marriages are not recognised in the UK no matter how, when the spouses sign the certificates.

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Re: EEA Spouse Refused

Post by secret.simon » Sat Dec 19, 2020 11:39 pm

In this case, I don't think there is any suggestion that the marriage was a proxy marriage.

It is worth going through the guidance on Marriage Investigatons to understand how marriages are investigated by the Home Office.

As @Zerubbabel mentioned above, the fact that a Hungarian is marrying a Nigerian in Nigeria and then there is an application for residence in the UK will almost certainly trigger more scrutiny of the application.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

NatCam
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Re: EEA Spouse Refused

Post by NatCam » Mon Dec 21, 2020 10:48 pm

In other words, it is fraud.

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Zerubbabel
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Re: EEA Spouse Refused

Post by Zerubbabel » Fri Dec 25, 2020 4:18 pm

NatCam wrote:
Mon Dec 21, 2020 10:48 pm
In other words, it is fraud.
It's not necessarily a fraud but it triggers more scrutiny. The other day, I was travelling to Germany and I used my UK credit card to buy a gift online and get it sent to a friend in Spain. 100% legit transaction but next thing I know, it was declined and my card blocked. I had to spend 30 min on the phone with the bank to unlock it again.

Some situations, when they appear out of the ordinary to the administration may cause trouble.

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Re: EEA Spouse Refused

Post by chriskv1 » Sun Dec 27, 2020 3:57 pm

NatCam wrote:
Mon Dec 21, 2020 10:48 pm
In other words, it is fraud.
Not a nice accusation to make when you're not aware of the OPs circumstances or personal life.
Anger and intolerance are the enemies of correct understanding.
Mahatma Gandhi

E&OE. I'm not a legal professional.

NatCam
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Re: EEA Spouse Refused

Post by NatCam » Sun Dec 27, 2020 7:06 pm

@Zerubbbel The signatures do not match. The guy can't explain why they do not match, not that "they do match, I don't know why the HO thinks they don't."
It could be someone else with a stolen passport, don't you think?
It could be that the girl couldn't travel to Nigeria and asked a friend to sign for her. Either way it is forgery.

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Casa
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Re: EEA Spouse Refused

Post by Casa » Sun Dec 27, 2020 9:02 pm

NatCam wrote:
Sun Dec 27, 2020 7:06 pm
@Zerubbbel The signatures do not match. The guy can't explain why they do not match, not that "they do match, I don't know why the HO thinks they don't."
It could be someone else with a stolen passport, don't you think?
It could be that the girl couldn't travel to Nigeria and asked a friend to sign for her. Either way it is forgery.
This is solely your assumption. It's perfectly reasonable for a signature to change over time, especially if the passport was issued a considerable time prior to signing the marriage certificate. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: EEA Spouse Refused

Post by Obie » Sun Dec 27, 2020 9:44 pm

NatCam wrote:
Sun Dec 27, 2020 7:06 pm
@Zerubbbel The signatures do not match. The guy can't explain why they do not match, not that "they do match, I don't know why the HO thinks they don't."
It could be someone else with a stolen passport, don't you think?
It could be that the girl couldn't travel to Nigeria and asked a friend to sign for her. Either way it is forgery.
I hardly get my own signature right. Because someone dont get their signature right does not equate to forgery.
For a forgery to occur, it must be proven but the person making the assertion and backed up by the person whose detail it is alleged was forged, that such act was committed.
Smooth seas do not make skilful sailors

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Re: EEA Spouse Refused

Post by chriskv1 » Sun Dec 27, 2020 10:54 pm

NatCam wrote:
Sun Dec 27, 2020 7:06 pm
@Zerubbbel The signatures do not match. The guy can't explain why they do not match, not that "they do match, I don't know why the HO thinks they don't."
It could be someone else with a stolen passport, don't you think?
It could be that the girl couldn't travel to Nigeria and asked a friend to sign for her. Either way it is forgery.
I signed for my passport when I was 12, they've kept the same signature on there.
However my current signature is different and my driving license signature shows my current signature.

Thank god you're not a judge or a caseworker.
Anger and intolerance are the enemies of correct understanding.
Mahatma Gandhi

E&OE. I'm not a legal professional.

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Re: EEA Spouse Refused

Post by ibwe » Mon Dec 28, 2020 12:56 am

Biko wrote:
Fri Dec 18, 2020 5:20 pm
However, it is noted that the signature of the bride on the marriage certificate does not match the signature in your passport. While it is noted that you have provided an affidavit stating that the person who signed the marriage certificate and you, are one and the same, you have provided no evidence signed by a competent authority stating the same.
I think you should, as secret.simon advised, go ahead with reapplying - though the time is surely very tight as any EEA route is closing by December 31, 2020. For future reference's sake, make sure that the signatures match in both documents.

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