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Split From unrelated thread
Posted: Tue Aug 23, 2011 6:22 am
by yamcheka
I'm from Philippines married for 4 years. My EEA FP Application was refused due to reason that my husband (Hungarian, working in UK for 5 yrs) and me have not seen for 3.5 years. Our reason behind this... we were caught in the middle of the economic crisis last 2009. we last seen each other Feb,2008. on my application i have attached proof of communication, some money transfer bills, and lots of photos. i also supplied my husbands past 6months payslips and bank statement. Now that we feel that we are financially able to travel, i have applied for the EEA FP.
can anybody pls advice me what to do? i wanted to explain my side of story without going on for an appeal coz from what i have read appeal will take most likely a year or so. and what are the necessary documents i need to attach to my letter? to whom shall i address my letter? any advice is greatly appreciated. Guys pls help!!!
Posted: Tue Aug 23, 2011 11:04 am
by Directive/2004/38/EC
What is the history of your marriage? When were you married? When have you lived together?
What EXACTLY did UKBA say in rejecting your application?
Posted: Tue Aug 23, 2011 1:12 pm
by yamcheka
I know my husband Oct. 2006,we met in person Nov.,2006 and get married Feb,2007. After a year he visited me during our first wedding anniversary. after that we planned to apply but it was not pushed through because we were financially tight during the economic crisis yr2009. He's got payslips which i can show that traveling during those period was unrealistic. and i know the UK govt have known that was a down time for most of us. Later part of the 2010, we talked about that was the good time for us to apply. I was also hesitant coz that was my first application i had research what are the docs we need to support our application, never the less, during those time that we were apart i was able to support that our communication through emails, letters, phone calls, skype conversations and calls and sms. i also include some of the money transfer receipts to show them that i am his dependent, photos during those visits. though my husband's visits only lasted for 2 weeks or more coz that was the allowed holiday for him that time.
the decision:
YOU MARRIED YOUR HUNGARIAN HUSBAND IN THE PHILIPPINES IN FEB2007. HE HAS VISITED YOU ONLY ONCE SINCE THAT TIME, FOR 13 DAYS IN FEBRUARY 2008. YOU HAVE NOT EXPLAINED WHY NEITHER OF YOU HAVE MADE PLANS TO VISIT EACH OTHER SINCE THAT TIME. I ACKNOWLEDGE SOME FINANCIAL DEPENDENCY UPON YOUR HUSBAND AND THERE ARE SOME CARDS AND OTHER EVIDENCE OF INTERVENING DEVOTION (PHONE BILLS) IN YOUR APPLICATION, BUT OUTWEIGHING THESE FACTORS IS THE FACT THAT YOU HAVE NOT ATTEMPTED TO SEE EACH OTHER FOR NEARLY 3.5 YEARS. ON THE BALANCE OF PROBABILITIES THEREFORE, I AM NOT SATISFIED THAT YOU HAVE ADEQUATELY EVIDENCED ANY FORM OF COHABITATION OR THAT THIS IS SUBSISTING AND THAT YOU INTEND TO LIVE TOGETHER IN THE UK AS HUSBAND AND WIFE.
how can we prove that we are in genuine marriage and that we intend to live together in UK if they never give us chance to be together? Pls. advice me what is the best steps. thank you for your reply.
Posted: Wed Aug 24, 2011 7:08 am
by 86ti
May I ask for a little bit more discipline, please. Yamcheka, please do not hijack other's thread (your case is not related to the OP's) and do not create
unnecessary duplicates. You already have your own parallel
thread running so keep your updates there. Directive, you should know how things work here by now...