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My family permit is rejected with appeal right. I am non -eu married to european. We have been living together for 2 years and got married last September and applies eu direct family member visa within uk. We were called for interview. They rejected my Visa saying 4 answer didn't match between me and my wife and rejected visa. Dear group members, what shall I do next fresh application or appeal ? If I go on appeal how long this process takes and what do I need to do? Please give your valuable suggestions. Thanks in advance.

Hello

- Were you married in the UK or abroad? Was it a civil or religious marriage?

- From where is your wife originally and what is her citizenship?

- What are the questions you showed discrepancy on?

I have been with my wife more than 10 years but I am sure you can still asked me questions about her that I will get wrong. However, I don't get it wrong if you ask about her age, if she is left or right handed or where did we met first time.

What kind of questions did you fail?

We got married in uk as civil marriage, and my wife is from Spain, holds settled status. The interview was taken separately for more than 2hours 30 mins. We answered everything because we are living togather for almost 2 years, know a lot of things about each other. They point they raised are; what time did you wake up when her last day off, what did you have for breakfast. I said coffee and toast with nutella and she said avocado sandwiches. That was previous weeks' day off from work. They asked when did your wife joined this company she works for, I said 22 months because we went to take signature of manager on the form he wrote the date when she started in this specific store. But she joined this before that but in different store. That was my answer. She said maybe 2-3 years ago. which didn't match. They asked what food do you usually eat at home. I said I cook most of the times at home and sometimes we get takeaway. She said she eats fast food because when she is at work. This is point they raised. They asked what is your bathroom carpet colour said grey colour she said linoleum. Which didn't match. They asked when was your first date after your first introduction. I said after 3-4days we met up for coffee. She said very next day. They asked more than 200 questions and these are the answers didn't match and reasons for refusals.

What colour is your bathroom floor?

Gray colour

I did ask few other people and they suggested these are very weak points they raised, it's better to go for appeal. They also made so many mistakes, my interview date is written wrong, my marriage date is written wrong, seems like they were is such a hurry to write this refusal letter.

I tend to agree with the you.

I asked my wife the same questions this morning and went into similar discrepancies. For the breakfast, she was talking about what she herself had while I was talking about my own breakfast which was different.

For the bathroom, she described the colour of the mat because she bought it but I described the colour of the floor itself.

I think you have some room for appeal here.

First of all

Why family permit if you are in uk? Why not pre settle status using EU Settlement Scheme!

You can't apply for family permit if you are in UK!!

If you were called for an interview it must be made under EEA?

My previous application was pending, our solicitor suggested to apply eea fp. I already lodge an appeal and hearing date on 30th this month let's see what will be outcome.

Do you mean EEA RC?

@blackjack123

I think you should apply for pre settle status and if you already spent 5 years on RC under EEA regulation then you should apply for Settled status application.

Please dont wait for hearing, do it before the hearing. I have gone through this procedure and time.

Blackjack123 wrote: ↑

Sun Mar 08, 2020 5:39 pm

My previous application was pending, our solicitor suggested to apply eea fp. I already lodge an appeal and hearing date on 30th this month let's see what will be outcome.

What is your immigration history in the UK? What application was pending??

As mentioned already, EEA fp is for those outside the UK. You need to be specific in what you applied for an were refused, ie EEA rc or...?

CR001 wrote: ↑

Mon Mar 09, 2020 7:12 am

Blackjack123 wrote: ↑

Sun Mar 08, 2020 5:39 pm

My previous application was pending, our solicitor suggested to apply eea fp. I already lodge an appeal and hearing date on 30th this month let's see what will be outcome.

What is your immigration history in the UK? What application was pending??

As mentioned already, EEA fp is for those outside the UK. You need to be specific in what you applied for an were refused, ie EEA rc or...?

My previous application was tier 2 pending. It was on court pending. Do you think I can straight apply pre- settled.

hrak1978 wrote: ↑

Sun Mar 08, 2020 9:45 pm

@blackjack123

I think you should apply for pre settle status and if you already spent 5 years on RC under EEA regulation then you should apply for Settled status application.

Please dont wait for hearing, do it before the hearing. I have gone through this procedure and time.

I haven't received any eea visa yet. I got married last on last September and applied eea fm, which refused recently, now I have appealed on court, hearing date is on end of this month. I don't hold any current visa. Do you think I can straight apply pre setteled without getting eea fm visa.

Blackjack123 wrote: ↑

Mon Mar 09, 2020 7:57 am

CR001 wrote: ↑

Mon Mar 09, 2020 7:12 am

Blackjack123 wrote: ↑

Sun Mar 08, 2020 5:39 pm

My previous application was pending, our solicitor suggested to apply eea fp. I already lodge an appeal and hearing date on 30th this month let's see what will be outcome.

What is your immigration history in the UK? What application was pending??

As mentioned already, EEA fp is for those outside the UK. You need to be specific in what you applied for an were refused, ie EEA rc or...?

My previous application was tier 2 pending. It was on court pending. Do you think I can straight apply pre- settled.

I think my solicitor made mistake he told me need to apply eea eea family member visa instead eea settlement scheme family permit. I am confused too. Do you think I can apply settlement straight through mobile app.

Richard W wrote: ↑

Sun Mar 08, 2020 8:35 pm

Do you mean EEA RC?

No eea family permit, eea fm

hrak1978 wrote: ↑

Sat Mar 07, 2020 8:51 pm

First of all

Why family permit if you are in uk? Why not pre settle status using EU Settlement Scheme!

You can't apply for family permit if you are in UK!!

If you were called for an interview it must be made under EEA?

I don't know about that all my solicitor did this. I am in the uk but I don't have visa in my passport. Previous application's was pending.
Do you think I can apply for pre setteled using eu settlement scheme.

@blackjack123

If you married to eu national and have a marriage certificate then you can apply for eu settlement scheme straight away.

Dont apply through app it is for eu national, apply through this link on your computer and scan all the required documents before you apply.

https://www.gov.uk/settled-status-eu-citizens-families

With having marriage certificate you can 100% apply for eu settlement scheme.

However, I think the results of this interview would be used to refuse pre-settled status. I believe you need to get the EEA RC sorted out first - except that you should apply under the EUSS by 30 June 2021.

hrak1978 wrote: ↑

Mon Mar 09, 2020 6:48 pm

@blackjack123

If you married to eu national and have a marriage certificate then you can apply for eu settlement scheme straight away.

Dont apply through app it is for eu national, apply through this link on your computer and scan all the required documents before you apply.

https://www.gov.uk/settled-status-eu-citizens-families

Thanks for reply.
Shall I wait till hearing in the court. Or i can apply before? If i apply now will it make my case more complicated?

Richard W wrote: ↑

Mon Mar 09, 2020 8:14 pm

However, I think the results of this interview would be used to refuse pre-settled status. I believe you need to get the EEA RC sorted out first - except that you should apply under the EU Settlement Scheme by 30 June 2021.

You think so. What shall I do now wait till court hearing or apply euss now

hrak1978 wrote: ↑

Mon Mar 09, 2020 6:49 pm

With having marriage certificate you can 100% apply for eu settlement scheme.

Brother please guide me what to do. Shall I wait till court hearing or apply eu settlement scheme now. If I apply euss now will it make things more complicated? Or it won't? This solicitor is milking me I am not allowed to work at the moment I am having too much financial problem. I can't think straight please help.
This appeal is costing me too much money court fee +solicitor fee+ barrister fee. Please give me good suggestion what to do.

hrak1978 wrote: ↑

Mon Mar 09, 2020 6:48 pm

@blackjack123

If you married to eu national and have a marriage certificate then you can apply for eu settlement scheme straight away.

Dont apply through app it is for eu national, apply through this link on your computer and scan all the required documents before you apply.

https://www.gov.uk/settled-status-eu-citizens-families

I have marriage certificate with me. What other document I need ? Can I scan these documents in my phone or I have to go to any specific office? HO took more than 6 month to give decision on my eea fm before, now court hearing, after this how long it gonna take. If I apply eu settlement scheme now will it make my case more complicated? Or it won't affect anything? Can I apply before court hearing? Please give me good advice. Thank you

@blackjack123

I have gone through hell for 3 years because of rubbish solicitors. They always scared me and i was scared alot.

Please tell me your immigration history.

Check my signature what I have written. Twice PR, twice FTT, twice UTT refused and and and my last Upper tribunal was in process when i applied for EU Settlement scheme my solicitor scared me alot. Honestly speaking what else can go wrong when everything was already going wrong. I still have got written confirmation from my solicitor that i am now only eligible for 5 years RC after spending 15 years in this country.

I applied and got my settled status.

My advise to you is dont wait at all please apply asap because EU settlement scheme guys are looking for reason to approve your application and others always doing it opposite.

If you want to apply 5 RC which was refused then apply for PRE Settle status application. Make a simple covering letter and write down your immigration history like when you arrived in UK and what you have applied and do mention that you came to know about this scheme as your hearing is pending.

You only need marriage certificate and one proof of address for 5 years pre settle status.

Do it asap please its my honest advise to you. DON'T WAIT AT ALL.