EEA Family permit refusal in Bogota

Today I picked up our documents from the British Embassy in Bogota. We applied for an EEA Family permit. I am German an my wife is Colombian. To my great surprise they refused our application, the just returned our documents with a entry clearance refusal notice, saying that our marriage was one of convenience. We only submitted our passports and Marriage certificate, as we have been married already for one year, hence a marriage of convenience would not make any sense. My wife also has never before applied for an UK visa. At the embassy I also requested to talk to an official, but I was refused. These people simply hide in their glass boxes.

I am extremely annoyed by this arrogant behavior, as it clearly violates European law well as their own internal regulations: http://www.ukba.homeoffice.gov.uk/sitec ... nience.pdf (the burden of proof is on their side)

I would like to know what the fastest way is to resolve this issue. I will probably submit
a new application but I would also take legal action against them, as this really messes up our plans. Any hints are welcome.

Thanks

Ralph

You can either complain to the ECM and appeal or make a new application with a strong cover letter rejecting their claims. You should probably provide some evidence that this is a genuine marriage (I know the burden is on their side but you can either fight them or comply and get the visa).

You could also appeal or directly contact the entrance clearance manager (who would also have to look into it if you appealed) including the document you have linked to. You could also complain directly to the UKBA. Finally, you could contact SOLVIT Germany.

The fastest way may be to reapply with a stronger cover letter plus that document above. You could also include evidence of your ongoing marriage and previous relationship.

What exactly did the refusal say, and did they provide any evidence?

I would definitely contact Solvit and get them involved. Though they can be slow...

When did you want to travel?

http://eumovement.wordpress.com/eu-coun ... d-kingdom/ is a bunch of links to UK related information.

Thanks for all the replies. We will definitely submit a new application, with strongly worded letter. We also plenty of evidence for our relationship. (Even the US believes us, my wife's petition for a green card was approved, we only have to wait now another year or two) I did not include other evidence as I was convinced that a marriage that already existed over a year before the application was made, would be enough, but clearly these people have no brains.

The refusal of entry clearance notice, simply said: "Apart from your marriage certificate, you have not provided any evidence that you are in a subsisting relationship with your sponsor, such as photos, emails or letters. As you have not provided any evidence that your relationship is subsisting, I cannot be satisfied that you have not entered into a marriage of convenience with your sponsor. I am therefore not satisfied that you are in a subsisting relationship with your sponsor. I therefore refuse your EEA family permit application because I am not satisfied that you meet all the requirements or Regulation 12 of the Immigration (European Economic Area) Regulations 2006."
They did not give any evidence.


I was also thinking about suing them for discrimination. Colombia is still a pretty poor country and they just assume that every marriage is convenience. They clearly have made no effort whatsoever, in our application we clearly stated that we live together now and have lived together before in Buenos Aires. They could have just looked at our passports as they all have entry stamps from the places we have been together.

They could also have interviewed you as their guidance suggest. Instead some embassies appear to insinuate a sham marriage by default. You will find similar stories in this forum.

Re-apply with a strongly worded letter. It is outrageous that they can suggest marriage of convenience without an iota of evidence. That said, it would appear to me that the IO has applied their domestic legislation (immigration rules) to your case. In the case of settlement for UK citizens, though do expect to see a lot more than a marriage certificate. In the case of EU legislation that is all they can ask for. They have an obligation to issue a visa as soon as possible on the basis of an accelerated procedure with the requisite evidence (passports, marriage certificate in the case of spouses). Remind them of that. For the sake of speed, could you provide them with evidence of co-habitation (mortgage, lease, common bills) or do you have children? In both cases, their own guidance precludes them from considering marriages of convenience. If you do not, then do submit photos of you together or other evidence of a longer term relationship. I have never emailed my spouse! We live together for goodness sake! What nonsense they come up with eh! Espero que puedan ir al inglaterra pronto (I hope both can come to the UK soon - for the non-Spanish speakers).

Here is an update of the case:
After reapplying we were refused again, this time for a different reason. They acknowledged the evidence of our relationship but now claim that I failed to show that I am a qualified person, this was never an issue in the first application.
"As you both intend to live indefinitely in the UK, I must be satisfied that your sponsor is or intends to be a qualified person in the UK. A qualified person is defined by EEA Family Permit regulations as a job seeker, worker self employed person, self sufficient person or a student (refer to EEA Family Member regulations EUN1.3 below)
As your spouse does not currently live in the UK, I need to be satisfied that he intends to satisfy one of the EEA qualifiers when living in the UK. However, you have failed to provide any evidence with your application which confirms what your sponsor intends to do in the UK, nor have you with your application confirming your intentions on moving to the UK.

here is a link to the regulations: http://www.ukba.homeoffice.gov.uk/polic ... 1/#header3

At this point I am speechless about the ignorance of the UK Border Agency. Today I was able to speak to an Entry Clearance Officer, he pretty much told me that should file a appeal or submit a new application and ask a lawyer for help. I could not even get his name or the name of the officer who refused, for security reasons. I clearly stated that I wan't to work in the UK, why do I need to show evidence? What else will I do there? The weather sucks anyway. I have not formally started to contact employers in the UK as I want to be physically present for interviews. Further more I want to work independently if I have the opportunity.

I already contacted SOLVIT, but only received a confirmation email.

I am getting sick of this and I need to have this resolved as soon as possible. Now I am thinking of contacting recruiters and get them to write me a letter maybe.
BTW: I am a software engineering (Java, Android) with a PhD and Masters in Industrial Engineering from Georgia Tech, as well as a German Diploma in Mechanical Engineering.
I did not file for an appeal and probably won't as it simply will take to long, however what ticks me off, is that they change their story all the time.

Any new Ideas?

Thanks

This is terrible. Re-apply, it will be quicker. Refer to the previous two refusals and that in both cases you believe it to be in error.

On your third application, you need to make a statement (a letter is fine) that you will be accompanying or joining your wife to the UK as the case may be. State that during your first three months' residence in the UK you do not need to fulfill any other conditions; you can add that it is your intention to work, but that's not strictly necessary.

Where are you both? Are you with your wife in Colombia or are you working elsewhere. If the latter it won't hurt your case to explain what your intentions are, but you don't have to.

I am in Colombia with my wife now. Both times I clearly stated in the cover letter that I will be travelling together with her.

You should do a new application. I can work with you on a cover letter if you want. This will be easy!

But their letter does raise an issue, even if it is none of UKBA's business at this point. What are you, as EU citizen, planning to do after your initial 90 days in the UK?

Directive/2004/38/EC wrote:You should do a new application. I can work with you on a cover letter if you want. This will be easy!

But their letter does raise an issue, even if it is none of UKBA's business at this point. What are you, as EU citizen, planning to do after your initial 90 days in the UK?

I think it is questionable, whether the directive could be construed as conferring a right or power to memberstates to demand evidence of what an EEA national will be doing after their 3 months of residence, before issuing an EEA family permit to their family members.
This cannot be right surely.

However if the sponsor has already been in the UK over three months, then they have the right to require evidence of treaty rights, or activities he/she intend to undertake in the not too distant future.

I advise OP to re-apply, on the other hand if they are making an habit of rejecting, you are better of appealing, as in the end you will realised it work out quicker, and you will not have to put up with baseless grounds of refusal each time.

Thanks,
I am German and I have not been in the UK yet. I don't even know how long we will stay, it may be only three months or a year, it depends how we like, job etc. In the application we wrote indefinite, now they turning that against us and demand evidence of our plans? Even in the rules that were cited in the refusal clearly say:
"EEA nationals are entitled to reside in the UK for an initial period of three months without needing to exercise a Treaty right. An EEA national who will be in the UK for more than three months will have a right of residence for as long as they remain a qualified person."
Now they want me to prove I will be exercising my treaty rights? That's a catch 22.

I just found an interesting piece of information in their own internal guidelines:

http://www.ukba.homeoffice.gov.uk/polic ... 2/#header4

"It is important not to test overall intentions in assessing applications for an EEA family permit. Also, there is an initial right of residence for 3 months, which means that an EEA national does not have to be exercising a treaty right immediately on arrival in the UK."

Clearly they simply do not know their guidelines or just ignore them.

It is really frustrating.

I would reapply stating why you believe the two previous rejections were wrong and adding in the cover letter that you are aware that under the directive, you have a right to reside up to 3 months without any restriction and that if you wish to reside in the UK further, you will need be a qualified person.

They can't refuse your entry because you are not a qualified person yet. Try to show you know the rules. Hopefully next time, they will run out of excuses.

[quote="ralph240574"]I am in Colombia with my wife now. Both times I clearly stated in the cover letter that I will be travelling together with her.[/quote]

That's perfect for the application already. I would apply again and print out the relevant parts of their guidance that supports your particular case and highlight it. I note that there does not appear to be very many applications made in Bogata, no excuse, but might explain ignorance.

You should also read this:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Your cover letter should state that you expect a facilitated visa application. You should insist that should the ECO have any further queries, they should contact you rather than rejecting the application for lack of understanding of their own legislation and guidance.

In parallel, make a complaint that they are ignoring their own guidance (1) accusing you and your wife of being party to a marriage of convenience without a shred of evidence and that they did not invite either of you for an interview (2) that they did not apply their guidance regarding no requirement to be employed for the first three months' residence. How long did each application take (from submission to collection)? What did it cost you and your wife in terms of costs of getting to the visa centre, days off work, etc? Mention all this in your complaint.

When you apply again; mention the two refusals and in the latter state that you had provided "evidence" in the form of a statement that you would be accompanying your wife. That's enough to get your wife a visa. It says as much on their webpage.

Update: It was finally approved and we we picked it up today. Thank you for all the feedback. This time I send a letter stating their own regulations and guidelines and the day before the submission I also send a complaint to the embassy as well as the Home Office.
It gets more interesting however, yesterday we received the notification that the case was approved. This morning however we received a phone call asking my wife to come in with her passport so they could issue the permit, but they already had all our documents! It turns out the first refusal from Sept 22. was overturned and was approved October 6 (allegedly). The person who called didn't even know that we had another case running that already was approved. It seems to me now that they are trying to cover their tracks and back dated the approval decision. If it was approved on October 6th, why would they wait until Nov 10 to notify us? Furthermore in October we submitted our second application, which was refused, in that application we specifically referred to our first application.
They also send a response to my complaint saying that they hoped the case as been resolved to my satisfaction. I think they finally realize how badly they screwed up.

Great news! Please continue with your official complaints! A number of other posts are doing the same thing as happened to you in Bogota!

I´m delighted to hear your good news. It is important that you follow up your complaint. People and organisations make errors for all kinds of reasons. If there are complaints it helps them improve. If there are none, things may go on as before.

http://eumovement.wordpress.com/eu-coun ... d-kingdom/ has links to the UKBA complaint page, in case you have not found it already. You might also want to request compensation.