Immigrationboards.com

htI am a Portuguese national since January 2017. I acquired Portuguese nationality though naturalization. I applied for EEA family permit on 8th of Feb 2017 for my wife and my son to accompany me.
my supporting documents were an application letter for my wife and son, my ID card attested by the embassy, photocopies of my Portuguese passport and Cancelled Indian passport, Birth certificate of my son, marriage certificate from the Government office as well as the Church, photos of our wedding, photos after birth of our son, bank statements, emails to prospective employers, letter stating we will live with my uncle in london. I got 2 refusal on the 16th of Feb 2017. The first pic is of my wife's refusal and second is my son's. I had submitted a marriage certificate that was freshly issued to me by my request on the 18th of Jan 2017, The ECO confused it with the marriage registration date. It was clearly specified that the marriage was registered 3 years ago. I have decided to reapply. I just need a little help with how to address the previous refusals and also should I mention EEA regulations? If yes, then which ones apply to me? I was an Indian national since Jan 2017. I am married to my wife for 3 years. My son is 2 years old. I want to travel to the UK with my wife and son and I want them to accompany me. I will be reapplying in March.

It's difficult to understand your situation and the HO position, as the refusal letters are truncated and one can only guess half the sentences.

But from what I can gather, seems like you have not supplied enough evidence that:

1) your marriage is not a sham/convenience marriage (in other words that you cohabit with your wife as you have stated in the application) and

2) that your son is indeed your son (again, I'm not sure about this one as I can only read half the paragraph).

If your marriage is or seems recent (form an interpretation error by the CW or otherwise) and if you don't live or can't prove you live together, I can see why there would be grounds for refusal. For your next application, you should definitely address the two points above and make sure to supply compelling evidence.

It would help if you supplied a picture where one can read the full paragraph.

kamoe wrote:It's difficult to understand your situation and the HO position, as the refusal letters are truncated and one can only guess half the sentences.

But from what I can gather, seems like you have not supplied enough evidence that:

1) your marriage is not a sham/convenience marriage (in other words that you cohabit with your wife as you have stated in the application) and

2) that your son is indeed your son (again, I'm not sure about this one as I can only read half the paragraph).

If your marriage is or seems recent (form an interpretation error by the CW or otherwise) and if you don't live or can't prove you live together, I can see why there would be grounds for refusal. For your next application, you should definitely address the two points above and make sure to supply compelling evidence.

It would help if you supplied a picture where one can read the full paragraph.

If you 'right click' on the image and select 'view image' you will see the whole letter.

CR001 wrote:

kamoe wrote: It would help if you supplied a picture where one can read the full paragraph.

If you 'right click' on the image and select 'view image' you will see the whole letter.

Silly me

OK, after reading the full paragraphs of the refusal letters:

For No. 1) You need to proof that your wife is your genuine wife: The bottomline of the refusal is lack proof that you live together, so you will need to supply compelling evidence of your common residence next time you apply.

For No. 2) Proof that your son is your son: Case worker claims you have not supplied a birth certificate AND that you have not supplied evidence that you were in India when he was conceived. This leads me to think that somehow in your application you stated you live abroad (in Portugal?) while your wife lives in India. Please note this is inconsistent with you cohabiting and enjoying a family life with your wife, and thus giving grounds for refusal on suspicion on sham marriage. Again, see No. 1.

kamoe wrote:OK, after reading the full paragraphs of the refusal letters:

For No. 1) You need to proof that your wife is your genuine wife: The bottomline of the refusal is lack proof that you live together, so you will need to supply compelling evidence of your common residence next time you apply.

For No. 2) Proof that your son is your son: Case worker claims you have not supplied a birth certificate AND that you have not supplied evidence that you were in India when he was conceived. This leads me to think that somehow in your application you stated you live abroad (in Portugal?) while your wife lives in India. Please note this is inconsistent with you cohabiting and enjoying a family life with your wife, and thus giving grounds for refusal on suspicion on sham marriage. Again, see No. 1.

Thanks. The next application will have ample of evidence.