Immigrationboards.com

Hi everyone, this is my first post. I have to say, your forum helps so much!! I hope somebody can help me. This is my case:

I'm Mexican, married now with an EEA national (Finland). I was in the UK from Mar,10-Oct,10. In September I got into a relationship with her and we were deeply in love. We kept in touch everyday since I came back to Mexico. In Jan,11 I wanted to come back to the UK to live with her as a couple (I don't need a visa to get into the country) but I was denied to Entry to the country because I had some problems with the ECO, they found in my baggage some cvs that showed I worked illegally there and missunderstanding I was overstayed too. I couldn't get there and I was removed to my country. After that (next day after they removed me), my girl (now wife) came to Mexico and we got married here (Feb,'11), she was here in Mexico for 1 month and we had our honeymoon here and everything that. She came back to the UK and went to see an advisor and told her everything. I've just applied for my EEA Family Permit on 21 Jun and I've received the first email telling me they opened my package bla bla bla. I'm still waiting for the 2nd mail. Do you think they give me the permit?? was that too serious to be a reason and refuse the permit?

My wife is a 'qualifed person' there, she is an english teacher and has been working since May 2010. I gave them these documents with my application (I'm not working or studing now, my parents are supporting me financially):

-Photocopy of my wife's finnish passport
-Letter from me saying sorry for all and explaining all the situation now.
-Letter from my wife explaining everything and saying we want to be together and start a family.
-Letter from my dad saying: he knows her, he met my wife when she was here and ours is not a convenience marriage, also saying he can support me financially there in case I need it.
-Letter from my wife's mom saying the same as my father's one.
-Marriage certificate
-Dad's bank statements from 6 months ago
-My wife's bank statements from 6 months ago too
-My bank statements from 3 months ago
-All my wife's flat docs (teenacy agreement, landlord's letter, bills, council's things, etc.)
-My wife'sP60 form
-My wife's job contract
-My wife's payslips from 6 months ago
-MSN chats between Oct 2010-May 2011 (daily chats)
-Photos of us (in London before I came to Mexico, our wedding, honeymoon and all our activities while she was here)
-Emails, phone bills (calling to her from here), and some postcards she sent me
-Evidence (university letter, academic record, ID student card) I was not 'overstay' there
-Bank document from Finland showing my wife has inherited some funds from her grandma (near 31000 euros)

We also said on the application form we used an advisor in this process.

I hope someone can help me!! I just want to be with her!!!
Thank you so much.

PS: Sorry for my 'funny' english!!

If you are the spouse of an EEA national then the EU Directive 2004/38 confirms the EEA national has the legal right to bring her spouse to the UK as she is an EEA national exercising Treaty Rights.

If you broke the rules in the past or they suspect you tried to cheat the system, then of course they will be more suspicious than usual and think you doing it again.

But, the fact is now you do have the legal right to join your EEA spouse. Your "mistakes" in the past should not be held against you.

That's good if you can supply as much evidence as possible that the relationship is genuine. Even better if your spouse travels back to your country and returns with you, as she is there to speak to the Entry Clearance Officer and it is the EEA national that has all the rights in law - and for obvious reasons they will doubt you but should have less reason to doubt your wife.

UKBA have the right to check if it is a genuine relationship, but do not have the right to refuse the legal rights under EU law unless they FIRST have legal proof the marriage or the relationship is not genuine.

This was the judges' legal verdict in a case that involved a non-EEA national that had previously been a persistent offender in breaching UK immigration law before she married an EEA national and became a legal immigrant to the UK because of the rights of the EU national to bring his spouse to the UK, as he was exercising Treaty Rights.

The UKBA refused the non-EEA national and highlighted the fact she had repeatedly broken the immigration rules, but the judges said her marriage certificate was genuine , so this time she had a legal basis for entry to the UK.

The UKBA have to prove there is deception before they can try to remove the legal rights marriage gives.