The evidence that the Entry Clearance Officer has taken into account
In order to reach a decision, I have taken into account:
Your completed application form
Your passport and the original documents that you provided
Marriage certificate dated 29/05/2008.
Ticket booking to London
Evidence of wife’s employment in the UK
Wife’s tenancy document
Wife’s contract with Healthcare Homes
Id card for wife
Wife’s Home Office registration dated 11 September 2008 (as a student)
Copy of wife’s passport
Your residence card for Romania valid until 2013
Pay-slips for wife
Bank statements for wife
Telephone bills purportedly for wife in UK (no client name)
Telephone bills for calls to Malaysia (client name DAVL MARIO)
Confirmation of pregnancy of wife received on 23/10/2008 from doctors in the UK
The Entry Clearance Officer’s decision
You have applied for admission to the United Kingdom by virtue of European Community Law as the family member of a European Economic Area national who is exercising, or wishes to exercise, rights of free movement under the Treaty of Rome in the United Kingdom.
I have refused your EEA family permit application on this occasion because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006. This decision will not prejudice any future UK visa or EEA family permit application that you make.
The Entry Clearance Officer’s reasons and supporting evidence
You have applied for an EEA Family Permit in order to join your wife in the UK.
Having seen the marriage certificate and your wife’s passport, I am satisfied that you
are legally married to an EU national. You have submitted evidence that your wife is currently in the UK and that she is registered as a student with Home Office. The letter she was issued by Home Office shows that she is allowed to work up to 20 hours per week. She is also working at a care home working 40 hours a week. It is unclear whether this is permissible. However, I am aware that students on sandwich courses may work for longer than 20 hours per week during the work placement only, so on the balance of probability I am satisfied that your wife is a qualified person.
However, you applied for an EEA family permit previously at this Embassy on 09/06/2008 and that application was refused as the entry clearance officer was not satisfied that you were not a party to a marriage of convenience. You have appealed against this decision and the appeal has yet to be heard.
You were a student in Malaysia before you came to Romania. You and your wife claim to have started telephoning each other from August 2007 on the recommendation of a Nigerian national who had met your wife whilst he was on a business trip to Romanian. You met for the first time when she travelled to Malaysia to meet you in March 2008. She spent from 12 March to 03 April in Malaysia. You obtained a visa for Romania as a visitor valid for 65 days, arrived in Romania on 29/04/2008 and married on 29/05/08. You applied for an EEA family permit less than two weeks later. You both say you decided to marry as soon as the early meeting in March . When interviewed for the previous visa, you gave contradictory statements as to the development of the relationship, and were vague about each other.
You do not appear settled either in Nigeria, in Malaysia where it is unclear whether you actually completed your studies, or in Romania where you are unemployed. I note that you have been refused a visa for the USA as well as the UK previously. You have been in Romania since 29 May but your wife left on 10 June 2008. You have therefore spent only a short time together before and after the marriage. You have no income of your own but claim to receive funds from your parents. You have never provided any evidence to show that is the case. Your wife has voluntarily submitted her recent bank statements and these show that your wife is just able to support herself. On this occasion you have provided some additional information in the form of telephone bills showing calls made from Romania to Malaysia and calls from the UK to Romania. However, there are no details on the UK bills of the client’s name and the Romanian accounts show the client as Mario Daul. I am not satisfied that these calls in themselves demonstrate that you have a close relationship.
Given the speed of this marriage, the description of the circumstances in which you claim to have met and the lack of knowledge of each other, previous discrepancies in your accounts and your overall social and economic conditions, I am not satisfied that you are not a party to a marriage of convenience and that this marriage was not entered into solely to secure entry to the United Kingdom.
Since you made the initial application, your wife has submitted evidence that she is now pregnant. I have taken this into consideration and have also given consideration to your rights under the Human Rights Act. Whilst I fully appreciate that there may be a perceived interference with your rights under Article 8, I am satisfied that no breach has occurred as I am not satisfied that this is a marriage of convenience.
I therefore refuse your application.
MY OWN EXPLAINATION
All this things is pure lies and unlawful, I first completed my course in Malaysia as its just a 6months program which I explained to her at first but this time around they didnt even interview me but in my application I requested for an interview, my wife gets abt 1500pounds monthly and they said she can only support herself, I get support from my parent and they said no prove for that ..I guess I should have added the western unoin slip.
Is it a crime to meet and get married anytime we feel like, or just because of the UK we must spend 5 yrs b4 we get married?...They also said I didnt settle anywhere not even in my country ..men this britishs are so funny and stupid, Do they expect me to stay in malaysia when I was there for studies and I just wanna go to the UK to join her since she is working and staying there after all they dont expect me to stay here while she stays there.
I applied for the UK when I got to Romania bcus she had her contract already then and I proved this to them on the date she signed her contract was even b4 I came to Romania, I dont see why we can get married 5 days after we meet and how does this affect visa. Yes I was refused usa visa b4 and that was 2006 but how does this affect going to join my wife in the UK? They should have also said I was in Singapore 4 times cus I was always going there to buy some electronics and send them to Nigeria but I guess they dont have to say I was there but they could talk abt USA refusal....Talking abt phone call bills ..they said no clients name from UK but they didnt call the number to comfirm if it is was her or not (is this our fault for not having the client's name, it was directly from MY3 and its a contract line and they can just call this company to comfirm why it doesnt have the clients name), and the one from Romania they also said it was another name, but this shows the same number am using in Romania now which they called me on themself. This romania number was a contract from her employer so she was given to use so she calls me from it..simple!!! but must it have her name of the bill????? or they wanna verify they calls we made.
Men ...this is serious than I think and I guess I dont qualify going to the UK as we lack knowledge of knowing each other as they said but how can we when we dont even have the chance of living together as a family.
