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Home Office have Lost my Marriage Certificate
Posted: Mon Dec 02, 2013 5:10 pm
by ceecee1
Hello good people, this is my first post and I think some one can help me with my situation. Home office have refused my EEA2 application with the reason that I did not provide a MARRIAGE CERTIFICATE with my application. Meanwhile I submited a Ghanaian Marriage Certificate with Statutory Declaration with my application. This simply means that they have misplaced my Marriage Certificate.
Secondly, the Case officer stated in the refusal letter that I submited a Nigerian PROXY MARRIAGE CERTIFICATE. This is very shocking because the Case officer already said I did not submit a Marriage Certificate with my application. Meanwhile, I am a full blooded Ghanaian and I submited a Ghanaian Marriage Certificate with my application and not a Nigerian Marriage Certificate. Now I don,t know what to do weather to appeal the decision or ask for a Reconsideration. And I really want them to locate the where about of my Marriage Certificate. Can any of the Mods, Gurus and Regulars help me please?
Posted: Mon Dec 02, 2013 5:15 pm
by Obie
You could appeal.
If they dont recognise the marriage certificate as genuine, applying for reconsideration will not make a difference.
Ask them for the documents.
Posted: Mon Dec 02, 2013 5:24 pm
by ceecee1
Thank you very much. But how can I ask them for the document as I don't know how to contactn them. I know the Case team was LNC22.
Can you please help me with how to word it please?
Re: Home Office have Lost my Marriage Certificate
Posted: Mon Dec 02, 2013 5:59 pm
by ice_breaker
ceecee1 wrote:Hello good people, this is my first post and I think some one can help me with my situation. Home office have refused my EEA2 application with the reason that I did not provide a MARRIAGE CERTIFICATE with my application. Meanwhile I submited a Ghanaian Marriage Certificate with Statutory Declaration with my application. This simply means that they have misplaced my Marriage Certificate.
Secondly, the Case officer stated in the refusal letter that I submited a Nigerian PROXY MARRIAGE CERTIFICATE. This is very shocking because the Case officer already said I did not submit a Marriage Certificate with my application. Meanwhile, I am a full blooded Ghanaian and I submited a Ghanaian Marriage Certificate with my application and not a Nigerian Marriage Certificate. Now I don,t know what to do weather to appeal the decision or ask for a Reconsideration. And I really want them to locate the where about of my Marriage Certificate. Can any of the Mods, Gurus and Regulars help me please?
This is very common with ukba. I applied for eea family permit and got the visa but never received the marriage certificate. Upon several request they said they cannot find it on my file. But luckily when we got married I requested 3 additional copies of marriage certificate from the registrar. The spare one I am using it for eea2 now.
Posted: Mon Dec 02, 2013 6:46 pm
by Obie
It may be the case case that this is just a typographical error. That they are aware that you are a Ghanian, that they have retained the marriage certificate to undertake further investigation, that they are of the view that your marriage is not valid, for a host of flawed reasons that they use these days to reject Ghanian customary marriages.
Posted: Mon Dec 02, 2013 7:20 pm
by ceecee1
Yes exactly. I know a lot of ghanaians are having the same problem at the moment with the customary Marriage Certificate. Now I need to find a competent Solicitor who knows how to flaw them to represent me but I don't know where to start.
Posted: Mon Dec 02, 2013 9:52 pm
by Obie
NA Ghana is flawed in one aspect, which is that customary marriages has to be undertaken by 2 Ghanians for it to be lawful. Neither the 1985 act nor the 1991 amendment requires this. The marriage does not need to be registered as the 1991 act removes this requirement.
Furthermore Mercy Akan has withdraw the assertion made in that regards, and UKBA's internal guidance says something different from NA. It is shocking that the Tribunal has not reverted back to NA, rather than letting it continue to exist asva binding authority.