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No tenency agreement

Posted: Fri Nov 30, 2012 11:30 am
by olivier786
I am submitting my eea2 application on monday.but i dont have tnency agreement.but electricity bills on my name and our bank statements on same address and GP as well

Posted: Fri Nov 30, 2012 11:37 am
by Lucapooka
......and this is to show evidence of your durable relation because you are not married, or what is it for?

Posted: Fri Nov 30, 2012 5:05 pm
by olivier786
I got married with polish girl on 29 august 12 .I have marriage certificate.her two payslips and employement confirmation letter,national insurance number,gp card and bank statements, .
utilities bill on my name.my bank statements
all above things are on same adress
photos
but i dont have tenency agreement.there will be any effect on my eea2 application because of tenency agreement

Posted: Fri Nov 30, 2012 8:06 pm
by Lucapooka
You don't need suitable accommodation etc for this application but you will need proof that this is not a sham marriage. What evidence do you have of your relationship before the marriage?

Posted: Fri Nov 30, 2012 10:20 pm
by Obie
Well at the initial stages there is no need to prove that the marriage is not one of convenience. If the Secretary of State raises suspicion, then you will need to rebut it with evidence. Initially marriage Certificate of a genuine marriage is sufficient.

Posted: Sat Dec 01, 2012 11:48 am
by Lucapooka
Obie wrote:Well at the initial stages there is no need to prove that the marriage is not one of convenience.
Correct, but providing evidence that is not asked for will avoid them arbitrarily refusing the application for something they may suspect in the absence of any indications to the contrary. It would cost nothing to include this information. Historically, Polish female and non-EU male would be ringing all the alarm bells. That's been the reality whether we like it or not. I'm trying to help the OP avoid this.

5.1.5 Marriage of convenience / Civil partnership of convenience

Read Annex A

Posted: Sat Dec 01, 2012 12:02 pm
by Jambo
I agree with Lucapooka. A Pakistani marrying a Polish girl and applying for RC just after marriage (is his visa running out?) fits the profile of sham marriages. Sadly, a few rotten apples...

You can ignore it and apply by the rules or look a step ahead and prove this is a genuine relationship.

Posted: Sat Dec 01, 2012 11:58 pm
by Obie
Lucapooka wrote:
Obie wrote:Well at the initial stages there is no need to prove that the marriage is not one of convenience.
Correct, but providing evidence that is not asked for will avoid them arbitrarily refusing the application for something they may suspect in the absence of any indications to the contrary. It would cost nothing to include this information. Historically, Polish female and non-EU male would be ringing all the alarm bells. That's been the reality whether we like it or not. I'm trying to help the OP avoid this.

5.1.5 Marriage of convenience / Civil partnership of convenience

Read Annex A
Well it is open for an applicant to provide evidence of relationship, but there are no legal requirement for them to do so. The burden of proof in a marriage of convenience case lies with the Secretary of State. Several caselaws confirms this. Once the Secretary of state discharges the burden, then the appellant or applicant will have to rebuff it.