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EEA FP refusal due funds not enough
Posted: Tue Oct 30, 2012 6:31 pm
by themagic26
Hello to everyone
I would like to say that , guys you make a great work here , and u provide a great help to people
Thank you so much
I have a friend who is ( non EEA ) married with EEA national , they live together from 2 years in her country(Lithouania)
they decided to move to UK together in the upcoming weeks , and he applyed for EEA family permit
After 3 days from the date of application he got his passport with refusal stamp , and refusal letter , the reason of refusal was ,
the ECO was not satisfy for the marriage (marriage not genuine) ,and the amount funds was not enought !!!!!!!!!!!!!!!!!!!!
for me the first reason was logic and right bec my freind didnt show evidance of his genuine marriage
but the second reason was not logic bec this application under european law and showing funds is irrelevant
now i dont understand how the ECO make his decision about somthing irrelivant ?!!!!!!!!!!!!!!!!!!!!
I would like to apply for EEA fp soon and now im confused
please any advise??
Re: EEA FP refusal due funds not enough!!!!!!!!!!!!!!!!!!!!!
Posted: Tue Oct 30, 2012 8:58 pm
by Lucapooka
themagic26 wrote:please any advise??
Do you wish for advice for yourself or your friend. I'm afraid you have not given sufficient information about either.
Posted: Tue Oct 30, 2012 9:33 pm
by themagic26
actually i need an advice for me and for my friend in the same time
i would like to apply in the upcoming weeks,and i will not submit any document of my funds saving no accommodation because this is not required for EEA fp
but i will submit evidance about my marriage and prove that my marriage is genuine
but im afraif that i will get refusal about amount funds as my friend
my question is ,how the ECO can make his decision on irrelevant reason like funds ??
Posted: Tue Oct 30, 2012 9:51 pm
by Directive/2004/38/EC
If you are married to the EU citizen, then it is 100% irrelevant how much money you have or do not have.
It is best to provide no information about how much assets the EU citizen or the applicant have. Also no information about present or future work. Also no information about where you will be staying in the UK.
For marriage, you only need to provide your marriage certificate. No other information or documents is needed.
Posted: Tue Oct 30, 2012 9:54 pm
by Jambo
themagic26 wrote:my question is ,how the ECO can make his decision on irrelevant reason like funds ??
Simple - by making a wrong decision. It won't be the first time.
Posted: Tue Oct 30, 2012 10:17 pm
by Directive/2004/38/EC
Jambo wrote:themagic26 wrote:my question is ,how the ECO can make his decision on irrelevant reason like funds ??
Simple - by making a wrong decision. It won't be the first time.
Jambo, it is a lot more systematic than that at UKBA.
Posted: Tue Oct 30, 2012 10:40 pm
by Jambo
I might be naive but I still think it's down to poor training rather than a conspiracy to reduce net migration by systematically refusing applications. I do agree that when the IO suspect marriage of convenience, they tend to find more reasons for refusal than just the marriage.
Posted: Wed Oct 31, 2012 10:11 am
by Directive/2004/38/EC
themagic26,
I would love to see your friend's refusal. Did your friend appeal or reapply?
Posted: Wed Oct 31, 2012 1:29 pm
by themagic26
Thank you guys for your great answers
yes im married with EEA citizen ,i will try to submit only my certificate of marriage plus eveidance of my relations with my wife nothing else
about my friend he try to reapply , and i will try to put my friends refusals as soon as i speak with him
thank you guys again for your help
Posted: Wed Oct 31, 2012 1:36 pm
by Directive/2004/38/EC
I would, if I were in your situation, only submit your marriage certificate. Nothing else!
Posted: Wed Oct 31, 2012 1:50 pm
by themagic26
I will be so much happy if i submit only my certificate of marriage and get EEA fp but i afraid to get refusal on reason , marriage of convience
by the way i get married with my wife from 21/09/2011 and i live with her in her country (Poland) from 3 months
I have many evidances about my relationship with my wife before during and after marriage (skype chat,photos,plane tickets , hotel bills ...)
even evidance that we live together in poland
you think if i apply only by certificate of marriage ,i will get the family permit?
the ECO will be satisfy that this is not marriage of convience???
Posted: Wed Oct 31, 2012 2:02 pm
by Directive/2004/38/EC
Are you living together right now?
The ECO must accept the marriage certificate, unless they have case-specific questions about whether it is a marriage of convenience. If they suspect there is a marriage of convenience, then they are required to ask for more information from you before refusing.
Ironically that is why I think it is better to submit just the form. I think they are more tempted to reject if they have additional evidence.