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Worried about refusal...due to Marriage of convenience?

Posted: Mon Nov 24, 2014 9:18 am
by Buns
Hi everyone,
I read quite a lot about the Eea family permit. I am worried about getting refused.
To our situation: Me and my wife got married recently on 13 October in Cape Town (it was quite a struggle) Since 2012 they require an interview to prevent scam marriages. We were both completely honest and had each an interview about detailed stuff of our spouse. They thought I would want to get into South Africa to study there. We are not a very conventional couple I’m 23 years old and my wife 37 but you seriously almost can’t see the difference. They told us because we were only together since April and stayed together in Cape Town since July till October they wanted more proof. We showed pictures on our phone and got the best friend of my wife to come and talk to them. It worked and we luckily found a marriage officer that had time to marry us the same day. It was very special for us. There was no family only the best friend and another witness. This wedding was only for us we are planning on having a white wedding in Thailand in the beginning of 2016 and tell our family about our plans in 2015. I am finishing my studies now in February in Germany (I am Dutch grew up in Germany) and I am applying for jobs in the UK and Ireland. She is a makeup artist working currently at MAC but is about to change to performing and had until recently a modeling contract. We have our “honeymoon” booked in Bali after I finish my studies (February-March). We are still waiting for our unabridged marriage certificate.
Questions: Can they refuse our application because they suspect a Marriage of convenience or because they think our marriage does not have substance?
When should we apply for the visa? How long does it take in Cape Town to process? I will travel from her Germany to the UK and we are planning on getting the visa as soon as possible but we think around May.
Looking forward to hear your experiences and suggestions.
Thank you very much.
Buns...

Re: Worried about refusal...due to Marriage of convenience?

Posted: Mon Nov 24, 2014 9:38 am
by vinny
See also Subsisting marriage.

Also
Miah (interviewer’s comments: disclosure: fairness) [2014] UKUT 515 (IAC) (10 November 2014) wrote:The topic of marriages of convenience has been considered by the Upper Tribunal in Papajorgji (EEA Spouse – Marriage of Convenience) Greece [2012] UKUT 38 (IAC). There it was held that there is no initial burden on a claimant to demonstrate that a marriage to an EEA national is not one of convenience. However, there is an evidential burden on the Claimant to address evidence justifying reasonable suspicion that the marriage in question was undertaken for the predominant purpose of securing residence rights.