Refusal Of A Eea Family Permit

This is what the eco wrote in refusing my application.
You have now applied to visit the uk only with your spouse.l note that you visit a friend who is a british citizen who is originally from south africa and apparently your friend rather than your wife's. You have not travelled outside Romania since you came here in 2007 and have not made any travel as visitors to any other country even though you would have visa free travel to most eu countries as a member of the the eu national.You appear set to returning to the uk.You lived in the uk for 6 years until 2007,married an eu national shortly after having been refused entry and have sought twice to go and live there since.You are still umemployed in Romania. Your wife is not working here either and you say she is on a break from work supported by her parents when she needs money.You have given no indication of your future plans to stabilise yourselves in Romania .l am not satisfied that you have truly settled in Romania. You have not shown any evidence that your wife has worked ever since graduation.you have provided evidence that you are both registered at the same address for more than 2 years.however apart from photographs ,there is little strong evidence that the relationship is subsisting.l still consider that initial circumstances surrounding your marriage pointed to a possible marriage of convenience. However, on this occassion, l am mainly considering whether your wife fully intends to travel and wether she will be a qualified person. Given your previous history ,the fact you are both now unemployed and since being removed from the uk in 2007, you have applied to go and live there
twice,l am not satisfied that you both only intend to visit the uk for 5 weeks and that you do not intend to remain in the uk ,with or without your EEA spouse, for more than 3 months. Employment restrictions still remain on Romanian nationals in the uk.lm not satisfied that it is not the intention for you to travel with your wife to the uk or if she does travel that it is not the intention for you to remain in the uk when your wife would not be a qualified person. l therefore refuse your application.

l would like to appeal this decision but before l do l would like to know if there is any one who can help me please shed sum light if its worth appealing and any advice would be highly appreciated.thank you

Funny isn't. How could i not have thought Marriage of convenience was going to pop up in this chap's refusal letter.

All his/her other ranting is pointless and has no basis in law.

Please see EUN2.22, Case Worker Instruction. If you feel that your marriage is not one of convenience as stated by the ECO, you can certainly appeal.

His point on Romanian and Bulgarian not having absolute right, doesn't hold water much. Yes they have to apply for permission if they want to take up employment in some sectors, yes they don't obtain full rights until after 12 months of exercising treaty right. However, they don't need permission to set up a business or study, and by doing so, they will obtain a Registration Certificate. Essentially, they have a right to come into the UK and exercise a treaty right as everybody else, subject to few conditions only.

If you think he is wrong, and that your marriage is not one of convenience, you can appeal his decision. If that is what you want of course.

thanx a lot Obie.l definately want to appeal.true all his/her rantings about my past has nothing to do with my situation now.the only thing l am struggling to overcome is how on earth do l prove to him/her that my marriage is genuine.l mean l gave them plenty of photos proof that we live together since 2007 what more do l have to do to convince them.

Please note: because of the initial right of residence, the ECO cannot refuse someone on the basis that that their EEA national family member will not be a qualified person in the UK on arrival. However, if the ECO is satisfied that the EEA national has been in the UK for longer than three months, the ECO must be satisfied that the EEA national is a qualified person.
according to her/him she is mainly considering wether my wife fully intends to travel and wether she will be a qualified person.first of all l had return tickets for both of us and secondly according the post above it says because of the initial right of residence they can not refuse because she hasnt been there for more than three months.so lf l understand correctly she doesnt have to be a qualified person.

charlesnd wrote:This is what the eco wrote in refusing my application.
You have now applied to visit the uk only with your spouse.l note that you visit a friend who is a british citizen who is originally from south africa and apparently your friend rather than your wife's. You have not travelled outside Romania since you came here in 2007 and have not made any travel as visitors to any other country even though you would have visa free travel to most eu countries as a member of the the eu national.You appear set to returning to the uk.You lived in the uk for 6 years until 2007,married an eu national shortly after having been refused entry and have sought twice to go and live there since.You are still umemployed in Romania. Your wife is not working here either and you say she is on a break from work supported by her parents when she needs money.You have given no indication of your future plans to stabilise yourselves in Romania .l am not satisfied that you have truly settled in Romania. You have not shown any evidence that your wife has worked ever since graduation.you have provided evidence that you are both registered at the same address for more than 2 years.however apart from photographs ,there is little strong evidence that the relationship is subsisting.l still consider that initial circumstances surrounding your marriage pointed to a possible marriage of convenience. However, on this occassion, l am mainly considering whether your wife fully intends to travel and wether she will be a qualified person. Given your previous history ,the fact you are both now unemployed and since being removed from the uk in 2007, you have applied to go and live there
twice,l am not satisfied that you both only intend to visit the uk for 5 weeks and that you do not intend to remain in the uk ,with or without your EEA spouse, for more than 3 months. Employment restrictions still remain on Romanian nationals in the uk.lm not satisfied that it is not the intention for you to travel with your wife to the uk or if she does travel that it is not the intention for you to remain in the uk when your wife would not be a qualified person. l therefore refuse your application.

l would like to appeal this decision but before l do l would like to know if there is any one who can help me please shed sum light if its worth appealing and any advice would be highly appreciated.thank you

I advice you not to waste ur time appealing, they wont give u still. I am 1000% sure.
I'm sorry if I sound harsh, couple of people know me in this forum and they can all testify to my case. I am married with a Romanian also and I was refused 2008 for the same stupid reason...even though my case seems better than urs cus we have working contracts and she works in UK with her yellow card prove, accomodation contract, statement of acct, bills and bla bla bla, they always find one reason I guess saying I was refused US visa once and other stupid stuffs.

I advice you to just relax urself and 4get abt UK...thats my 1lei advice.

You are right. For the initial 3 months she doesn't have to be a qualified person. They cannot refuse you on the basis that they suspect your wife will not be a qualified person after the 3 months of grace.

Have a look at the CASE WORKER GUIDANCE ON MARRIAGES OF CONVENIENCE and see if you are able to provide evidence to counteract their point. Even if you can't, and you are in a viable and genuine relationship with your wife, you can appeal.

They can't refuse you because you haven't travel to other EU countries which are visa free for you. Absurd really.

Obie wrote:.

They can't refuse you because you haven't travel to other EU countries which are visa free for you. Absurd really.

They can...they refused me cus I was refused US visa 2006..imagine that

They refuse for their personally mood reasons..believe me

With all due respect Charles, i understand what you are saying, but it doesn't change the fact that their actions are unlawful.

Under EU law, they can only refuse you on grounds of Public Policy, Public Health or Public Security and abuse (marriage of convenience).

Refusal of an American Visa does not fall into those categories.

You saw the Caseworker's instruction.

Did you appeal the refusal by any chance?

Obie wrote:With all due respect Charles, i understand what you are saying, but it doesn't change the fact that their actions are unlawful.

Under EU law, they can only refuse you on grounds of Public Policy, Public Health or Public Security and abuse (marriage of convenience).

Refusal of an American Visa does not fall into those categories.

You saw the Caseworker's instruction.

Did you appeal the refusal by any chance?

And I understand what you are saying too but lets face reality and we all understand this things that some countries just dont give a damn...e.g UK

Yes I appealed and the only thing they said was that I didnt provide any strong reason of why I wanna go to UK even though my wife was there and we provided all her working documents.

charlesnd, What is the citizenship of you and your wife?

Directive/2004/38/EC wrote:charlesnd, What is the citizenship of you and your wife?

l am South African and she is Romanian.

Have you given anymore thought to the appeal, or have you got a plan B. At the end of the day, It won't cost you anything.

Obie wrote:Have you given anymore thought to the appeal, or have you got a another plan. It won't cost you anything.

Hi Obie l have given the thought of appealing and making another application. But l also want to gather more information on the best way forward. l dont want to appeal without strengthening my case or applying without strong evidence about my marriage.Thus why l came to the forum first before submitting anything, incase someone has a better knowledge in situations like this, is appreciated.