Post
by fasi2530 » Thu Jun 18, 2015 7:29 pm
Hello Everyone,
I got my application today and I got refusal. very strange decision I found on letter. I shared this decision to a lawyer and he said that this decision is not justifiable. last time they refuse saying that my marriage is "Marriage of a Convenience" today the decision is strange. I don't know much about EU rules according to this decision can any body lighten there experience and guide me what to do next and what supporting documents should I submit with the next application.
this is the decision as it is written as I got on paper even full stop and capital letters are same as written in the letter.
Notice of Immigration Decision
You have indicated that you have completed a marriage contract with your spouse, who also has Italian nationality, on 10th May 2014 in Karachi in Pakistan. You now wish to travel with or join your spouse in the UK. You have provided bank statements and residency permits for your spouse showing that she is normally and ordinarily resident in the USA and has been for a considerable number of years. There is no evidence or information provided now to show that your spouse has ever in the UK, utilising her Italian nationality, or that she has made satisfactory arrangements to do so now.
In view of all this I am not satisfied that I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with regulation 6 of the immigration (European Economic Area) Regulations 2006, or that she will be accompanying you to the UK within 6 months of the date of the application, in accordance with Regulation 12(a) of the immigration (European Economic Area) Regulations 2006.
I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of regulation 12 of the Immigration (European Economic Area) Regulations 2006.
I have also considered whether your application raises any exceptional circumstances which, consistent with the right to respect for family life contain in Article 8 of the European Convention on Human Rights, warrant consideration by the Secretary of State of a grant of entry clearance to come to the United Kingdom outside the requirements of the Immigration Rules. I am satisfied that it does not, as know circumstances that could be seen to be exceptional have been identified or put forward now. In any event I note that family life can be maintained by visits, utilizing third countries if considered necessary and is a qualified right balanced against the need to maintain effective immigration and border control. Your application does not fall for the grant of entry clearance outside the Rules.
many thanks
regards
fasi
Faisal
