EEA 2 Residence Card Refused - Advice Needed

[allinvain]

Dear Members ,
Please advice me after reading the following,

2011 - Non EU Citizen Came to UK for studies – Got two Masters Degrees without working during that time, brought all money from my country and spent thousands and thousands of pounds in this country.

2013- Married to European National, Applied for EEA2 Residence Card

January 2014 – Residence Card Refused reason stated wife is not exercising treaty rights, Employer cannot be contacted

Reconsideration Request made – Sent All pay slips, Employer reference letter, bank statements showing salary received, HMRC letter confirming her employment and payment of tax.
Still the Home Office maintained refusal decision and replied – We will not consider anything if you wish to provide any documents send it to court, SEE YOU IN COURT.

Appealed against the decision – Paper based first tier tribunal hearing, Judge asked home office to send full file and explain the attempts of home office to verify employment.

Home office did not reply.

Consequently the Judge refused my appeal.
Mid 2014 - Made fresh application, Called for Interview in Liverpool.
Did not prepare and were not expecting too many questions.
Requested home office to conduct interview in London, refused request and said it can be done only in Liverpool.
Went to home office Liverpool – We reached there an hour before the interview time.

While I was putting back my belt after security search the interviewing officer came to waiting hall and start asking questions, about forty five minutes before schedule time of interview.
The interviewing officer was very rude but looked very excited and keen to interview us.

Interview lasted for four hours without a break; Questions asked more than six hundred. He kept on asking questions and stopped when few questions were wrong.
Asked questions which were two years ago of the interview date. Like for example one of the question was what time did you come home on Christmas of 2012.

Awkward questions and purpose of the interview is only to make couples confuse and make them wrong answers. I believe if they interview a couple who married for twenty years and ask questions like the home office asking questions then they will make mistakes and most questions will not match.
I was detained; wife came back alone crying all the way.

Transferred me to a detention centre, I was never interviewed or faced anything like this in my whole life , even I did not talk a policeman in my whole life as I belong to a noble family and never committed anything wrong.
I was not expecting that situation.
The whole detention time was about a month, all this time they kept changing my centre after few days. Wake me up at midnight that I am going to different centre. Then kept me waiting till four o'clock early mornings and then take to another centre on a long route.
The purpose of this was to give mental torture and not let me sleep.
I saw many centres and the migrants there in a very bad condition. I saw one guy tried to commit suicide by using bed sheet around his neck and tried to hang through stairs. The detention centres are proper jails, and in some they even lock them up at night, the door which has a small round window as we see in movies.
The migrants are locked up like they committed very serious crime like murder.

After a month came out of detention on bail. Had appeal hearing. The judge was keen to focus on the same interview. Did not allow us to explain our relationship, but only talked about the interview wrong answers. And even worst our own Barrister screwed the case by asking us questions which we did not expect. Can someone believe our own barrister asked us questions in court and made it worst.
2015 first tier tribunal dismissed appeal.

Applied for permission to appeal to upper tribunal. Permission granted.

Hearing Upper tribunal. Bad luck there were two judges and reluctant to find out fresh evidence but relied on previous decision. We were not allowed to talk only our barrister.
The Upper Tribunal also dismissed my appeal.

The Things has changed a lot in this country, it was never like this before. It is obvious every department has shut doors to migrants even if they are legal, and especially for family members of EU nationals.

Have made fresh application few months ago and now the home office has not allowed me to work. Stated in COA, we cannot confirm your right of appeal during the consideration process and it will depend only on outcome of the application.
Now waiting for the next……

Can anyone give me an honest advice what should I do now or tell me what may happen next. Will be thankful for a friendly advice.
Thanks,

[Obie]

Very sad situation, you have had few opportunities to have resolved this, but you allowed it to drag, and the poor barrister has put the nail on the coffin.

You must wait for the outcome of the appliction, but COA refusal seems wrong.

[allinvain]

Very sad situation, you have had few opportunities to have resolved this, but you allowed it to drag, and the poor barrister has put the nail on the coffin.

You must wait for the outcome of the appliction, but COA refusal seems wrong.

Thanks Obie for your reply.

Actually i sleep walked into this situation , never thought it will happen like this. Can you please let me know if i can do anything about this new COA without work because in previous COA's they allowed me to work.

And can i do anything or is there any procedure that i can complain about the judge who made decision in my first appeal regarding my wife employment because he ignored the evidence i provided him like pay slips, bank statement , employer reference letter and HMRC confirmation of job.

And also about the barrister as he did professional negligence and misconducted my case deliberately after accepting to represent me after i paid him his fee. , where can and how to lodge formal complain against him?

Thanks,

[vinny]

2013- Married to European National, Applied for EEA2 Residence Card

January 2014 – Residence Card Refused reason stated wife is not exercising treaty rights, Employer cannot be contacted

Reconsideration Request made – Sent All pay slips, Employer reference letter, bank statements showing salary received, HMRC letter confirming her employment and payment of tax.
Still the Home Office maintained refusal decision and replied – We will not consider anything if you wish to provide any documents send it to court, SEE YOU IN COURT.

Appealed against the decision – Paper based first tier tribunal hearing, Judge asked home office to send full file and explain the attempts of home office to verify employment.

Home office did not reply.

Consequently the Judge refused my appeal.

If the Home Office did not reply, then I don't understand why "Consequently the Judge refused my appeal"? Did the Judge not have all the paperwork that you had submitted in your reconsideration request? What were the reasons for the Judge to refuse your appeal?

[Obie]

A bit late in the night to give an opinion on this matter. There is the law society to report the barrister to.

In regards to the first judge , you could have appealed or asked for an oral hearing, but you did not , and you blew it.

At present, home office is removing people in marriage of convenience cases in country right of appeal when they refuse their applications. I mentioned this in some of my sticky topics.

Situation is not good.

The COA is wrong, but home office are taking advantage of previos adverse decision against you.

Such a complex matter, i may revert to it perhaps tomorrow. But there has been lots of mess and missed opportunities in your case.

[Obie]

However wrong the previous judge was, OP ought to have appealed , but he did not, and i find this most frustrating about his case. It is late in the day to go into those decision. Poor legal advise and misdirection and maltreatment of his case, compounded his series of misfortune.

[allinvain]

Thanks Obie , i will wait if for your reply of giving me a right direction.

And Vinny the judge ignored the evidence , i did provide him all the relevant evidence of the employment. His decision was absolutely unjust and ridiculous and lead to the worst situation i am in now.

[vinny]

Indeed, Obie is correct. A marriage of convience accusation is much more serious than saying that the EU partner was not exercising treaty rights. It effectively puts you outside the scope of the EEA regulations. Consequently, the EU partner exercising treaty rights may be moot.

[Obie]

Thanks Obie , i will wait if for your reply of giving me a right direction.

And Vinny the judge ignored the evidence , i did provide him all the relevant evidence of the employment. His decision was absolutely unjust and ridiculous and lead to the worst situation i am in now.

I dont particularly blame the judge, there are many bigoted judges at both chambers of the tribunal, what you do is challenge their decision.

I will never in this present climate advice a person refused on lack of evidence of treaty rights to reapply, unless they have child or children or are relationship has endured for many years.

The courts will back the SSHD, in what appear to be in contravention of EU law, and their will be no in country remedy, unless in JR, it is just crazy.

[rajib4u]

I can understand ur condition as i am going through sort of same situation like you. I was called from interview then got detained before I understood whats going on. now i am in back home withdrawing my jr even my appeal. luckily my wife is with me now. but i dnt knw how to go back to uk. might apply for eea fp. not sure whether i will get it or get refused on the bassis of my previous refusal.

[allinvain]

I can understand ur condition as i am going through sort of same situation like you. I was called from interview then got detained before I understood whats going on. now i am in back home withdrawing my jr even my appeal. luckily my wife is with me now. but i dnt knw how to go back to uk. might apply for eea fp. not sure whether i will get it or get refused on the bassis of my previous refusal.

How did you go back, on your own or they deported you. Please post updates when you apply.

[Anama]

Hi Allinvain,

It's so unfortunate this has happened to you. You see at times the Home Office refuse applications without giving the applicants the full gists behind the refusal. Furthermore, it is imperative for you to note that the Home Office in clamping down on sham marriages these days since that is the only massive loophole now people are using to gain easy access and to circumvent the UK immigration rules as the the UK immigration rules are tightened. The EU Regulations 2006 most often supersedes local immigration rules. Marriage notifications at registries between non EU and EU citizens are automatically referred to the Home Office.

Now this is what I suspect happened to your application: when you applied for your UK visa from you country did you state in your application that you were married? Did you state categorically that you would return after your studies in the UK? I s your EU wife exercising treaty right for 5 years? Had she spent more than 6 months outside the UK in any year in those 5 years? etc etc. These may be add up to part of the reason why your application was refused.

[allinvain]

Hi Allinvain,

It's so unfortunate this has happened to you. You see at times the Home Office refuse applications without giving the applicants the full gists behind the refusal. Furthermore, it is imperative for you to note that the Home Office in clamping down on sham marriages these days since that is the only massive loophole now people are using to gain easy access and to circumvent the UK immigration rules as the the UK immigration rules are tightened. The EU Regulations 2006 most often supersedes local immigration rules. Marriage notifications at registries between non EU and EU citizens are automatically referred to the Home Office.

Now this is what I suspect happened to your application: when you applied for your UK visa from you country did you state in your application that you were married? Did you state categorically that you would return after your studies in the UK? I s your EU wife exercising treaty right for 5 years? Had she spent more than 6 months outside the UK in any year in those 5 years? etc etc. These may be add up to part of the reason why your application was refused.

i did not apply from my country , but applied in UK. And married in London after interviewed at registry office.
We have a genuine relationship and marriage not like other people who made this messed up and made every marriage suspicious.
The basic reason why they are so tough on EU marriages is that the HO does not want to see european migration into UK. They want to stop EU nationals by one way or other and Interviewing couples is their best and their favourite weapon against EU nationals. And it is a pity the EU is not taking any action against misuse of authority and power by uk. As a member of EU the uk is under full obligation to respect the laws of the union. if they re in doubt of a relationship then they can interview them but not like the one they doing now by asking continuously until few answers does not match and they get a chance to make that a reason. Visit the couples few times without notice and surprise visits is the best way , or checking couples after some time if they are still together and in a subsisting relationship.
I believe one interview and few wrong answers should not be the final evidence of proving a relationship wrong. There are many other ways to check if a marriage is real or not. But it can only be possible when the authority is sincere in finding the status of a relationship not when they follow an order " REDUCE IMMIGRATION BY HOOK OR BY CROOK''
Who can ask them why they doing this , Our Governments ? EU ? no one. Not even the courts, . There is no one to tell them that if you want to be part of a bigger economy of EU and get benefits from it then you need to accept the fundamental principal of the union which is called FREE MOVEMENT.

[rajib4u]

Hi I applied for a voluntary leave.. and they agreed. so i purchased my own ticket and returned to back home,, now we are preparing for eea fp visa.. i am really confused whether i will get it or not.. any advice any one? my wife is with me.. but soon she willgo back to uk..

I can understand ur condition as i am going through sort of same situation like you. I was called from interview then got detained before I understood whats going on. now i am in back home withdrawing my jr even my appeal. luckily my wife is with me now. but i dnt knw how to go back to uk. might apply for eea fp. not sure whether i will get it or get refused on the bassis of my previous refusal.

How did you go back, on your own or they deported you. Please post updates when you apply.

[allinvain]

Hi I applied for a voluntary leave.. and they agreed. so i purchased my own ticket and returned to back home,, now we are preparing for eea fp visa.. i am really confused whether i will get it or not.. any advice any one? my wife is with me.. but soon she willgo back to uk..

I can understand ur condition as i am going through sort of same situation like you. I was called from interview then got detained before I understood whats going on. now i am in back home withdrawing my jr even my appeal. luckily my wife is with me now. but i dnt knw how to go back to uk. might apply for eea fp. not sure whether i will get it or get refused on the bassis of my previous refusal.

How did you go back, on your own or they deported you. Please post updates when you apply.

Hi rajib4u,

The worrying point regarding your case is that if they did not accept you while your were in UK then what could make a difference if you are in your country, Even more harder outside UK.
But try is a must , so you should try it.