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eea2 refused unmarried partner
Posted: Thu Jul 18, 2013 1:29 am
by wikii
HI my husband applied for eea2 resident card in march .we were invited for an interview at liverpool last month .yesterday we received a refusal letter that they did not accept our religious marriage and couple have not registered marriage in uk .therefore we can not accept this marriage as it is not valid in uk .we are in relation nearly 6 months ,they said to be eligible for unmarried partner you both need to be together at least 2 years . now they have given us right of appeal .
i have 2 question now :
do we registered our marriage and appeal at the same time ?
Do we registered our marriage and apply for fresh case ?
please your apply would be a great source of help .
Re: eea2 refused unmarried partner
Posted: Thu Jul 18, 2013 3:23 am
by Babz
wikii wrote:HI my husband applied for eea2 resident card in march .we were invited for an interview at liverpool last month .yesterday we received a refusal letter that they did not accept our religious marriage and couple have not registered marriage in uk .therefore we can not accept this marriage as it is not valid in uk .we are in relation nearly 6 months ,they said to be eligible for unmarried partner you both need to be together at least 2 years . now they have given us right of appeal .
i have 2 question now :
do we registered our marriage and appeal at the same time ?
Do we registered our marriage and apply for fresh case ?
please your apply would be a great source of help .
HO is so clueless. Why did they invite you over for interview when they knew they were going to reject your application based on the stated reason?
Anyway,option 2 is the way to go...
Posted: Thu Jul 18, 2013 11:37 am
by Obie
Is the marriage recognised in the country in which it was solemnised .
Have you got proof of this?
marriage?
Posted: Thu Jul 18, 2013 12:32 pm
by sublime688
If your marriage is not recognised here, an appeal will not really be successful. Therefore you will have to do a valid marriage again here in UK. Where was your religious marriage done?
The problem you may have in doing a marriage now is getting your passport back from the Home Office.This may be possible if your appeal is on-going. You will need the passport to get married.
Re: marriage?
Posted: Thu Jul 18, 2013 12:37 pm
by Obie
sublime688 wrote:If your marriage is not recognised here, an appeal will not really be successful. Therefore you will have to do a valid marriage again here in UK. Where was your religious marriage done?
The problem you may have in doing a marriage now is getting your passport back from the Home Office.This may be possible if your appeal is on-going. You will need the passport to get married.
The test is not whether it is recognised in the UK, but rather whether it is recognised in the country in which it was conducted.
UK for example dont recognise proxy marriage, but if it is recognised in the country in which it was conducted, then the UK is bound to recognise it also.
Posted: Thu Jul 18, 2013 12:46 pm
by meleryan
I got married in mosque, with "islamic" marriage certificate my husband went to his Embassy and Embassy issued CIVIL marriage certificate which was accepted by Immigration.
Posted: Thu Jul 18, 2013 3:54 pm
by Directive/2004/38/EC
So you married in a mosque in the UK?
Do you have property together? Children? Joint assets?
eea2 refused
Posted: Thu Jul 18, 2013 4:53 pm
by wikii
Thanks everyone .just want to mention that marriage has been done in uk mosque .my husband got back all his documents back from ho .what we will do ? Do we register marriage in uk and appeal on the same time .
Re: eea2 refused
Posted: Thu Jul 18, 2013 11:41 pm
by bogboss
wikii wrote:Thanks everyone .just want to mention that marriage has been done in uk mosque .my husband got back all his documents back from ho .what we will do ? Do we register marriage in uk and appeal on the same time .
I think you should registered your marriage in united kingdom ,meanwhile you can lodge a appeal .
Re: eea2 refused
Posted: Sat Jul 20, 2013 12:13 pm
by Ayyubi72
wikii wrote: Just want to mention that marriage has been done in uk mosque.
There are some irresponsible Mullahs in UK and dumb mosque managements who conduct marriages which are not recognised under UK law. Our local mosque will never conduct a Nikah until they see a civil marriage certificate.
Appeal will be useless as you will loose the appeal. But wait..... appeal is useless, but useful too at the same time.
Now, if your husband is in UK as an overstayer, then there is a high risk of him being getting detained by UKBA at the register office and put on plane back home.
If you appeal, the appeal will fail in the end, but will give you a lot of protection from the risk of getting detained and removed from UK.
So, the right step by step course of action in my opinion would be.
Appeal immediately while there is time to appeal.
Register civil marriage at the earliest.
As soon as your register your marriage, apply for EEA2.
Once you get acknowledgement of EEA2, withdraw the appeal, as the appeal is guaranteed to fail and pursuing it will be a waste of judicial time.
Wait for residence card.
Re: eea2 refused
Posted: Mon Jul 22, 2013 1:50 pm
by wiggsy
Ayyubi72 wrote:wikii wrote: Just want to mention that marriage has been done in uk mosque.
There are some irresponsible Mullahs in UK and dumb mosque managements who conduct marriages which are not recognised under UK law. Our local mosque will never conduct a Nikah until they see a civil marriage certificate.
Appeal will be useless as you will loose the appeal. But wait..... appeal is useless, but useful too at the same time.
Now, if your husband is in UK as an overstayer, then there is a high risk of him being getting detained by UKBA at the register office and put on plane back home.
If you appeal, the appeal will fail in the end, but will give you a lot of protection from the risk of getting detained and removed from UK.
So, the right step by step course of action in my opinion would be.
Appeal immediately while there is time to appeal.
Register civil marriage at the earliest.
As soon as your register your marriage, apply for EEA2.
Once you get acknowledgement of EEA2, withdraw the appeal, as the appeal is guaranteed to fail and pursuing it will be a waste of judicial time.
Wait for residence card.
but you can appeal on the basis of expecting a unmarried partnership to be 2 years as not respecting your private life...
statistically people get married a lot sooner then 2 years after becoming a couple....
Posted: Wed Oct 23, 2013 7:22 am
by Amber
wikii wrote:hi i am married to eea nation since march 2010 ,i want to apply for divorced due to unavoidable issue between us . can you please advice what should i provide to get my retain right status .divorce has not started yet .
how long divorce take in uk and how much does it cost ?
how long it will take to get retain right of residence following divorce?
what document i have to provide for eligibility?
much appriciated
Re: eea2 refused
Posted: Fri Oct 25, 2013 4:12 pm
by Davmck70
Ayyubi72 wrote:wikii wrote: Just want to mention that marriage has been done in uk mosque.
There are some irresponsible Mullahs in UK and dumb mosque managements who conduct marriages which are not recognised under UK law. Our local mosque will never conduct a Nikah until they see a civil marriage certificate.
Appeal will be useless as you will loose the appeal. But wait..... appeal is useless, but useful too at the same time.
Now, if your husband is in UK as an overstayer, then there is a high risk of him being getting detained by UKBA at the register office and put on plane back home.
If you appeal, the appeal will fail in the end, but will give you a lot of protection from the risk of getting detained and removed from UK.
So, the right step by step course of action in my opinion would be.
Appeal immediately while there is time to appeal.
Register civil marriage at the earliest.
As soon as your register your marriage, apply for EEA2.
Once you get acknowledgement of EEA2, withdraw the appeal, as the appeal is guaranteed to fail and pursuing it will be a waste of judicial time.
Wait for residence card.
Wiggsy, I can see you have received good information. The route you decide will be up to you but I have quoted this as it is good advice. Pursue appeal and register marriage or get married in a registry and reapply.
Wish you the best