EEA Family Permit Appeal or New Application

[fasi2530]

Hello Every one ,

I hope you all are well ,

I have applied for my EEA-FP and got my passport today with refusal letter. they said they feel like my marriage is marriage of convenience.

the documents I provided at time of Application are..

1 - My passport
2- my wifes passport photo copy
3- my wife covering letter
4- my application form
5- email corresponding with my wife copy
6- air tickets
7- Original marriage certificates and translation and international marriage certificate as well.

I didn't provide any photo as my scenario was different, as my wife live in USA right now and she got Italian nationality as well.
we got married in may 2014 and after one month she went back to USA to complete her studies. I showed her ticket that she is coming back in 27th of feb 2015, but they refuse my application. we decided that if we got visa in feb so we both move in UK in end of march 2015.

now my question is that
how long appeal can take . or do I have to go for appeal or make a new application. if I make new application is that gonna be any bad effect on it .

I am waiting for your prompt reply will be very thank full for your guidelines.

many thanks in advance

regards

fasi

[fasi2530]

this is what the decision I got ...

The Decision

You have applied to accompany your wife, an Italian national, to the UK. However, the nature and origin of your relationship is not clear. I note from your immigration history that you w/ere previously in the UK on a Tier 4 permit and then on a Tier 1 post study /permit. On 08/01/02013 you were refused to additional leave to remain in the UK. You unsuccessfully appealed this decision, and voluntarily departed the UK on 26/05/2013. in your application you state that you first met your wife in 2008 over the internet and that your relationship started on 24/07/2008. nothing has been submitted with your application, such as correspondence, to demonstrate that you met your wife at that time.

It is also not unreasonable to expect to see documents to demonstrate a genuine relationship between you and your sponsor since the time you state you first meet, in 2008, until the time of your wedding day on 10/05/2014, as well as since then. however you have not provide any documents to suggest that your relationship was ongoing at this time. In addition, you have not provided any documents, such as photographs, to demonstrate that you have ever met your sponsor in person, including at your wedding. I accept that you have provided documents to suggest that your sponsor traveled to Pakistan in 2014, however nothing has been submitted to demonstrate that she spent this time with you. I also note that she is originally from Karachi, and it there fore stands to reason that she has family in this area and could have been visiting them.

Given all of the details above, i am not satisfied that your relationship is genuine and I am led to question whether this relationship is to facilitate your entry back into the UK. I am satisfied that you are party to a marriage of convenience and are therefore not the family member of an EEA national in accordance with regulation 7 of the immigration (European Economic Area) regulations 2006.

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (EEA) regulations 2006. >>>


As I got this decision , if you read and give any advice on this matter would be more help fulll.


regards

fasi

[fasi2530]

Hello Everyone,

I got my application today and I got refusal. very strange decision I found on letter. I shared this decision to a lawyer and he said that this decision is not justifiable. last time they refuse saying that my marriage is "Marriage of a Convenience" today the decision is strange. I don't know much about EU rules according to this decision can any body lighten there experience and guide me what to do next and what supporting documents should I submit with the next application.

this is the decision as it is written as I got on paper even full stop and capital letters are same as written in the letter.


Notice of Immigration Decision

You have indicated that you have completed a marriage contract with your spouse, who also has Italian nationality, on 10th May 2014 in Karachi in Pakistan. You now wish to travel with or join your spouse in the UK. You have provided bank statements and residency permits for your spouse showing that she is normally and ordinarily resident in the USA and has been for a considerable number of years. There is no evidence or information provided now to show that your spouse has ever in the UK, utilising her Italian nationality, or that she has made satisfactory arrangements to do so now.

In view of all this I am not satisfied that I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with regulation 6 of the immigration (European Economic Area) Regulations 2006, or that she will be accompanying you to the UK within 6 months of the date of the application, in accordance with Regulation 12(a) of the immigration (European Economic Area) Regulations 2006.
I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of regulation 12 of the Immigration (European Economic Area) Regulations 2006.
I have also considered whether your application raises any exceptional circumstances which, consistent with the right to respect for family life contain in Article 8 of the European Convention on Human Rights, warrant consideration by the Secretary of State of a grant of entry clearance to come to the United Kingdom outside the requirements of the Immigration Rules. I am satisfied that it does not, as know circumstances that could be seen to be exceptional have been identified or put forward now. In any event I note that family life can be maintained by visits, utilizing third countries if considered necessary and is a qualified right balanced against the need to maintain effective immigration and border control. Your application does not fall for the grant of entry clearance outside the Rules.


many thanks

regards

fasi

[Obie]

You will need to lodge an appeal and explain the senseless nature of the decision.

Does not make much sense to me either .


Where is your wife at present?

[vinny]

If she's not residing in the UK, then the only requirement is your and her intentions to travel to the UK.

[fasi2530]

You will need to lodge an appeal and explain the senseless nature of the decision.

Does not make much sense to me either .


Where is your wife at present?

Hi Obie

thanks for your reply.

I know and I feel if I make an appeal its gonna take 4 5 months and I am planing to re-apply. I am planing to appeal as well if they don't keep my passport and I can make new application as well.

yes i saw the immigration EEA rules and follow the link and its also clear that the HO person is justy try to refuse my application without any objection.

yes she is with me right now .

any fast suggestion which complete my application in fast way will be appreciable

regards

fasi

[maxmelion]

Is tht eea2 application?
Are u applying from ur home country or uk?
Is white excersise treaty right in uk ?
Where does she lives at the present?

[fasi2530]

Is tht eea2 application?
Are u applying from ur home country or uk?
Is white excersise treaty right in uk ?
Where does she lives at the present?

Hi Max

I am applying from home country. it is a EEA-FP application and they treat this application as EEA2 application which is strange.
she live with me in Pakistan.

[fasi2530]

Hello Every one on this forum. You are doing very well job and I followed many good steps from this website.

My application for EEA-FP refused 3rd time and I want to get your good advice regarding on this issue. I am shairing all three decisions they have made so you can understand easily and give further ideas on that issue.


3rd Refusal:

Your application
You have applied for an EEA family permit to accompany XXXXX to the United Kingdom as her spouse. I have considered your application under regulation 6 & 7 of the Immigration(EEA) regulations 2006. You can read the immigration EEA regulations 2006.
The Decision,
You have applied to accompany your wife, an Italian national, to the UK. I note that you have applied in this category twice before. Both of these applications were refused and the reasons stated were that you had not provided documents that demonstrated a genuine relationship since the time you stated you first met in 2008. I note from this application that have now provided a number of emails that shows greetings cards or birthday wishes have been sent between you and your sponsor. However, many of these emails have been highlighted by you and are dated in 2006, 2 years prior to the date you claim to have met. Some are also addressed to ‘Dear ma husband’ and are signed off ‘your wife’ which is not credible given that you did not marry until 2014. I also note that none if the email addresses these emails have been sent to can be attributed to you. This casts doubt on the validity of these emails and indicates that they have been produced in order to alleviate the concerns stated by the entry clearance officer in your previous refusals.
Given all of the details above, I am not satisfied that your relationship is geninune and I am led to question whether this relationship is to facilitate your entry back into the UK. I am satisfied that you are party to a marriage of convenience and are therefore not the family member of an EEA national in accordance with regulation 7 of the Immigration EEA regulation 2006.
I therefore refused your EEA family permit application because I am not satisfied that you meet all of the requirements of regulation 6 and 7 of the immigration EEA Reg 2006.


In second decision they give me this reason.

2nd Refusal:

The Decision

You have indicated that you have completed a marriage contract with your spouse, who also has Italian nationality, on 10th May 2014 in Karachi in Pakistan. You now wish to travel with or join your spouse in the UK. You have provided bank statements and residency permits for your spouse showing that she is normally and ordinarily resident in the USA and has been for a considerable number of years. There is no evidence or information provided now to show that your spouse has ever in the UK, utilising her Italian nationality, or that she has made satisfactory arrangements to do so now.

In view of all this I am not satisfied that I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with regulation 6 of the immigration (European Economic Area) Regulations 2006, or that she will be accompanying you to the UK within 6 months of the date of the application, in accordance with Regulation 12(a) of the immigration (European Economic Area) Regulations 2006.
I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of regulation 12 of the Immigration (European Economic Area) Regulations 2006.
I have also considered whether your application raises any exceptional circumstances which, consistent with the right to respect for family life contain in Article 8 of the European Convention on Human Rights, warrant consideration by the Secretary of State of a grant of entry clearance to come to the United Kingdom outside the requirements of the Immigration Rules. I am satisfied that it does not, as know circumstances that could be seen to be exceptional have been identified or put forward now. In any event I note that family life can be maintained by visits, utilizing third countries if considered necessary and is a qualified right balanced against the need to maintain effective immigration and border control. Your application does not fall for the grant of entry clearance outside the Rules.


In first refusal they give this decision.

1st Refusal:

The Decision

You have applied to accompany your wife, an Italian national, to the UK. However, the nature and origin of your relationship is not clear. I note from your immigration history that you w/ere previously in the UK on a Tier 4 permit and then on a Tier 1 post study /permit. On 08/01/02013 you were refused to additional leave to remain in the UK. You unsuccessfully appealed this decision, and voluntarily departed the UK on 26/05/2013. in your application you state that you first met your wife in 2008 over the internet and that your relationship started on 24/07/2008. nothing has been submitted with your application, such as correspondence, to demonstrate that you met your wife at that time.

It is also not unreasonable to expect to see documents to demonstrate a genuine relationship between you and your sponsor since the time you state you first meet, in 2008, until the time of your wedding day on 10/05/2014, as well as since then. however you have not provide any documents to suggest that your relationship was ongoing at this time. In addition, you have not provided any documents, such as photographs, to demonstrate that you have ever met your sponsor in person, including at your wedding. I accept that you have provided documents to suggest that your sponsor traveled to Pakistan in 2014, however nothing has been submitted to demonstrate that she spent this time with you. I also note that she is originally from Karachi, and it there fore stands to reason that she has family in this area and could have been visiting them.

Given all of the details above, i am not satisfied that your relationship is genuine and I am led to question whether this relationship is to facilitate your entry back into the UK. I am satisfied that you are party to a marriage of convenience and are therefore not the family member of an EEA national in accordance with regulation 7 of the immigration (European Economic Area) regulations 2006.

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (EEA) regulations 2006. >>>


I have provided each and every documents now can any one guide me how to email the consulate about the ECO decision as he didn't follow the EEA regulations 2006. I am really pissed off now.

[Obie]

I am sure you had the option of appealing on these 3 occasions if you thought they were wrong. But it appears that you choose not to.

You have only yourself to Blame if they continue to make the same decision.

[vinny]

It's important to refute their contention that your marriage is a marriage of convenience.

[fasi2530]

I am sure you had the option of appealing on these 3 occasions if you thought they were wrong. But it appears that you choose not to.

You have only yourself to Blame if they continue to make the same decision.

Hi Obie

on first time refusal they were right on decision as I didn't provide my pictures so they thought marriage of convenince , but in 2nd application I provide each and every thing infact they admit that my marriage is geninine but my wife didn't went to UK in whole life so how she can manage the accommodation. so we managed to provide accomodation information and Qualified person requirement. every thing is done but in yesterday decision they again use marriage of convenince which is totally unjustifiable as they use the rules 2006 of (6) and (7) but there is no link to this decision to this rules you can see the legislation web site.

http://www.legislation.gov.uk/uksi/2006 ... ion/6/made

http://www.legislation.gov.uk/uksi/2006 ... ion/7/made

So I tried to provide all the proofs which they asked.

appeal was a very long term period thats why I didn't choose this I thought the documents they required I provide it so its gonna be safe. but they just trying to abuse the laws and EEA regulations which is I don't understand. my wife is fed up now and she is very upset.

how can I apply for appeal now as I can see the ECO just playing with feelings nothings else.

they don't want to interview so how can I prove this marriage even all the documents links verification's in there hands.

[fasi2530]

It's important to refute their contention that your marriage is a marriage of convenience.

hi Vinny

thanks for your reply, I already proved with my documents and they accept my marriage and in 2nd refusal they didn't said any thing about marriage of convenience, but they refuse another grounds. and when I provide other documents which ask in 2nd refusal then they again refused my application with the marriage of convenience . how could some one refuse application just some one previously call me " my hubby" if we use intimate words then whats the prob. now can you tell me how I can refute this marriage of convenience.

[Obie]

I am sure you had the option of appealing on these 3 occasions if you thought they were wrong. But it appears that you choose not to.

You have only yourself to Blame if they continue to make the same decision.

Hi Obie

on first time refusal they were right on decision as I didn't provide my pictures so they thought marriage of convenince , but in 2nd application I provide each and every thing infact they admit that my marriage is geninine but my wife didn't went to UK in whole life so how she can manage the accommodation. so we managed to provide accomodation information and Qualified person requirement. every thing is done but in yesterday decision they again use marriage of convenince which is totally unjustifiable as they use the rules 2006 of (6) and (7) but there is no link to this decision to this rules you can see the legislation web site.

http://www.legislation.gov.uk/uksi/2006 ... ion/6/made

http://www.legislation.gov.uk/uksi/2006 ... ion/7/made

So I tried to provide all the proofs which they asked.

appeal was a very long term period thats why I didn't choose this I thought the documents they required I provide it so its gonna be safe. but they just trying to abuse the laws and EEA regulations which is I don't understand. my wife is fed up now and she is very upset.

how can I apply for appeal now as I can see the ECO just playing with feelings nothings else.

they don't want to interview so how can I prove this marriage even all the documents links verification's in there hands.

If the eco wants to refuse, providing more documents will not change that .

What you do is file a notice of appeal. Otherwise the merry go round will continue .

[fasi2530]

Hello Every one

My EEA Family permit application refuses 3rd time so I have now decided to appeal against the ECO Decision.

you can follow the link where you can find all my 3 refusal decisions

http://www.immigrationboards.com/eea-ro ... 91011.html

I am just writing here the 3rd refusal and want to get your suggestions against the ECO Decision. your advice will be more helpful to fill my appeal application.


3rd Refusal:

Your application
You have applied for an EEA family permit to accompany XXXXX to the United Kingdom as her spouse. I have considered your application under regulation 6 & 7 of the Immigration(EEA) regulations 2006. You can read the immigration EEA regulations 2006.
The Decision,
You have applied to accompany your wife, an Italian national, to the UK. I note that you have applied in this category twice before. Both of these applications were refused and the reasons stated were that you had not provided documents that demonstrated a genuine relationship since the time you stated you first met in 2008. I note from this application that have now provided a number of emails that shows greetings cards or birthday wishes have been sent between you and your sponsor. However, many of these emails have been highlighted by you and are dated in 2006, 2 years prior to the date you claim to have met. Some are also addressed to ‘Dear ma husband’ and are signed off ‘your wife’ which is not credible given that you did not marry until 2014. I also note that none if the email addresses these emails have been sent to can be attributed to you. This casts doubt on the validity of these emails and indicates that they have been produced in order to alleviate the concerns stated by the entry clearance officer in your previous refusals.
Given all of the details above, I am not satisfied that your relationship is geninune and I am led to question whether this relationship is to facilitate your entry back into the UK. I am satisfied that you are party to a marriage of convenience and are therefore not the family member of an EEA national in accordance with regulation 7 of the Immigration EEA regulation 2006.
I therefore refused your EEA family permit application because I am not satisfied that you meet all of the requirements of regulation 6 and 7 of the immigration EEA Reg 2006.



Now please give me some useful advice which you think will be best for the appeal process.

first of all, let you know that my EU national wife gonna attend the appeal hearing is that a good idea. ?Note (she is living with me in Pakistan not she never been in UK is that good idea that if I got appeal hearing date so she can fly and attend the hearing) ?

I have some confusion on appeal form please guide me the appeal form .. I found this on appeal form...


d. Grounds of your appeal
• You may appeal only if you have made a human rights claim and this has been refused, if your appeal is against the deprivation of citizenship or if you have made an application as an EEA national or the family member of an EEA national and this has been refused. • You must bring your appeal on the ground that the decision against which you seek to appeal is unlawful under section 6 of the Human Right Act 1998 or that the decision breaches your rights under the European Union treaties in respect of entry to or residence in the United Kingdom.
• If the decision against which you seek to appeal has stated that specific articles of the European Convention on Human Rights (ECHR) do not apply to your case, and you disagree, please explain why. • Attach any/evidence/additional sheets of paper if necessary.
• If your appeal relates in whole or in part to a Human Rights decision, complete box 1.
• If your appeal relates in whole or in part to an EEA Decision, complete box 2.

What is Human rights decision and what is EEA decisions?

so how can I use human rights decision, which can help to better out come of my appeal application.

In start of appeal form they asking one question.

If you have chosen to have an oral hearing, please mark the box of anyone who will be attending your hearing.
(1) Sponsor (2) Your representative (3) Witness

I have chosen all three of the options as:
Sponsor is my wife as I am applying for EEA -FP on her behalf.
My representative is my EEA national wife as she going attend the appeal hearing
witness is again my wife as she was here on all occasion like marriage ceremony her signature on certificates, her photographs with me, her every thing relate to me is witness.

is that good that I have chosen all of the 3 options. ?
Many thanks in advance your quick reply will help me alot as I have no much time left .

regards

fasi

[fasi2530]

I am sure you had the option of appealing on these 3 occasions if you thought they were wrong. But it appears that you choose not to.

You have only yourself to Blame if they continue to make the same decision.

Hi Obie

on first time refusal they were right on decision as I didn't provide my pictures so they thought marriage of convenince , but in 2nd application I provide each and every thing infact they admit that my marriage is geninine but my wife didn't went to UK in whole life so how she can manage the accommodation. so we managed to provide accomodation information and Qualified person requirement. every thing is done but in yesterday decision they again use marriage of convenince which is totally unjustifiable as they use the rules 2006 of (6) and (7) but there is no link to this decision to this rules you can see the legislation web site.

http://www.legislation.gov.uk/uksi/2006 ... ion/6/made

http://www.legislation.gov.uk/uksi/2006 ... ion/7/made

So I tried to provide all the proofs which they asked.

appeal was a very long term period thats why I didn't choose this I thought the documents they required I provide it so its gonna be safe. but they just trying to abuse the laws and EEA regulations which is I don't understand. my wife is fed up now and she is very upset.

how can I apply for appeal now as I can see the ECO just playing with feelings nothings else.

they don't want to interview so how can I prove this marriage even all the documents links verification's in there hands.

If the eco wants to refuse, providing more documents will not change that .

What you do is file a notice of appeal. Otherwise the merry go round will continue .

Hi Obie
thanks for your reply Obie. I am going to file a notice of appeal. could you please guide me on that thread I have ask some question over there and need answers so I can make a full flash appeal.

http://www.immigrationboards.com/eea-ro ... l#p1222780

regards

fasi

[fasi2530]

can any one please help how to write the appeal . don't know about it.