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EEA FAMILY PERMIT

Posted: Tue Jul 05, 2011 3:39 pm
by moonpearl
Hi am Bulgarian, my husband is non EEA national.We were both flight attendants working in the same airline we speak four languages. We know each other since 2006, we went into relation 2007,and we get married 2008.On mid of 2009 I went to UK and started NVQ2 Professional Cookery. I study and work as Chef for 12 months. On 2010 I apply and received my Registration Certificate. Now I back to Bulgaria, we apply for EEA family permit for my husband, so he can come with me back to UK because I want to complete NVQ3 for pastry chef. After we submit all the required documents as on the Home Office guidance pages, We have been refused because "I am not having any genuine chance of being engaged in the UK" , am" not Qualified person" and my marriage is "marriage of convenience".

How come am in marriage of convenience and we been (MARRIED THREE) years.
How come am not having any genuine chance of being engaged in the UK and I am holding registration certificate ( THE BLUE CARD ).
And which regulation write that I am not qualified person.
Me and my husband we read all the Home Office pages and VERSION
OF THE TREATY
ESTABLISHING THE EUROPEAN COMMUNITY and The Immigration (European Economic Area) Regulations 2006. and the IMMIGRATION DIRECTORATES' INSTRUCTIONS
CHAPTER 7 SECTION 3
EEA NATIONALS & THEIR FAMILY MEMBERS
And many websites regarding our EEA family permit in general.,
Can some one give advice?

Posted: Tue Jul 05, 2011 9:03 pm
by Kitty
Hi moonpearl

Are you temporarily in Bulgaria sorting this out? How would you usually be exercising treaty rights in the UK? Do you have a place on the course you mentioned?

As you are already based int he UK, you need to be exercising treaty rights in some way for your husband to be able to come and join you. The wording of the refusal suggests that the ECO is treating you as a jobseeker: is that accurate?

As for the additional refusal for a "marriage of convenience", is there any further explanation for that decision? The bar to be cleared by the UKBA in showing a marriage of convenience is quite high, and I am surprised to see it used in a marriage that is 3 years old, except that you have been apart for the last year or two.

What contact have you had with your husband since you left for the UK? Have you made visits back to Bulgaria, kept in touch by phone, email etc? Does your husband have any kind of immigraiton history in the UK? Is it good or bad?

You have a choice: you can apply again for a Family Permit, supplying good evidence that you will be a qualified person on your return to the UK, and that your marriage is genuine.

Or, you can appeal. Appealing is likely to take months. However, you might think it worthwhile because of the allegation of a marriage of convenience. This is effectively an allegation of dishonesty, which may stick to a fresh application.