resident card refused

[marymartisolo]

Hi everyone,
I would like to have some advice about my actual and complicated situation regarding my husband resident card.
I am italian and my husband is nigerian. I live in UK since 2003, I met my husband in the same year.
At the time he was seeking asylum, the immigration denied it and overstayed since they caught himand faced deportation.
We were in a relation at the time and I knew his situation. So we kept in touch and he proposed me to travel to Nigeria to marry him.
Without any hesitation I went to his home town and we got married 8 years ago.
We register our marriage in the italian embassy in Lagos and we decided to apply for an UK visa because I was working in England, the HO refused it. After that we applied to the italian embassy for an Italian Visa, which it was granted 2 years later.
My husband entered in Italy in december 2010. I moved from UK and in order to do his Italian resident card we settled there.
Unluckly I couldn't find any job in Italy so we decide that it was better for us if I could return in UK to work and prepare all the documentation in order to apply for his Visa as my spouse.
We applied twice and both of the time was refused. So I contacted a lawyer that explained to me that my husband need a clearence entry due to his past, so we did it with their help. In 2013 my husband got his visa for UK. Once arrived here we went to the HO and we applied for his residence card, but we applied wrongly ( Leave to remain instead of residence card) so the HO refused it.
I again contacted the same lawyer that help us to do his clearence and we applied again after 6 months we received again a refusal.
We didn't understand why so we get in touch with another lawyer to appeal against their decision. They invite us for an interview in Liverpool.Random questions about our past, present and personal stuff.
we thought it was over because actually for us the interview went really good, but not for them. On 200 questions they picked the mistakes and used it against us accusing us to be in a marriage of convenience.
So our lawyer appeal against their decision another time and manage to schedule a hearing in the tribunal.
We prepared really well for the hearing inviting my parent to come and testify that my husband was living in Italy with them when I was in UK, but one day before, the hearing was postponed and adjurned 6 months later.
We went there and the judge ask to each one of us random questions again.
After 6 months we got the letter from the tribunal.Another refusal...same motivation - marriage of convenience-The judge didn't give any importance to our pictures together, our corrispondence in the past and more important my parent were no there because the marriage was not real!!!The world crash on us again...time and money wasted again and again.
Our Lawyer suggest to us to do a fresh application instead to appeal against the judge, explain to us that they will not go against the decision of another judge. I was so upset that I felt that not appealing was a defeat for me and my husband, so I decide to change lawyer, based on the fact that some of our documentation was not taken in consideration by him, something really important like an IVF treatment, for him was nothing.
We went to meet another lawyer that help us to appeal, but we just received the answer those days and another refusal...they refused the appeal to the upper tribunal. 2 reasons...they said that the letter was out of date (one day) and that that was not evident error of law in the decisions of the previous judge.
Now I need help on what i can really do.
The lawyer again suggested us to do a fresh application but since I am the only one working I cannot afford another charge, so far we spend more than 20 thousand pounds since we are married for applications and lawyers.
Someone suggest to my husband to ask his document back at the HO to leave the country and because is in a marriage with an eea resident they won't allow him to leave based on the article 8 of the human right regulation and they will give him the resident card. Is it true??
I actually want to contact the Council of Europe because is evident we are accused to be in a marriage of convenience which of course we are not.Do they think that if it was so I would stay still with him and spend all this money??
Please advice me!!
Thanks in advance

[noajthan]

Sad story, especially as clearly you are such a loyal spouse.

Are you accused of moc under UK regulations or EU?

It sounds like you were following UK immigration route.
Is that the case?

As an EEA national you could have come under EU rules.
Did you try this?
Or were you advised against it? (why?)

Worst case can you not return to Italy (for a while)?

[marymartisolo]

Hi,
I will be honest with you.. i don't want to go back in Italy, no job there for me and less for my husband. He applied for Italian citizenship, but he needs the residence card.
No one advice me about EU regulations. Everything was done under UK regulations. So please it will be great if you can address me to any website to check what we need to do.
I am ready to fight against them, they are ruining our life and our dignity.
Thanks

[noajthan]

Hi,
I will be honest with you.. i don't want to go back in Italy, no job there for me and less for my husband. He applied for Italian citizenship, but he needs the residence card.
No one advice me about EU regulations. Everything was done under UK regulations. So please it will be great if you can address me to any website to check what we need to do.
I am ready to fight against them, they are ruining our life and our dignity.
Thanks

You do have options in Europe/Italy but having said that can't understand what your representatives have been playing at.

Entry to UK under EU rules should have been relatively straightforward.

If all papers in order its somewhat unclear why couldn't work & sponsor spouse for a RC.
Job done.

Unclear where you go from here under UK rules.

Now aspersions have been cast over marriage I don't know where you stand vis a vis EU route & RC for hubby.

Returning to Italy for a while may let things settle down.

Come back later if you want, or go elsewhere in Europe.
(Is your work transferable? Could you start a business?).

If course no guarantee UK remains in EU but not much to be done about that.

[marymartisolo]

Thank you for your reply.
My rappresentative keep suggesting us that we have to do a fresh application.
Now I am really confused because I don't want to waste money again and get another refusal letter. But they ensure me that if I do a fresh application the HO will consider just the new application with the new document and not all we passed through.
I am not sure about it. Anyway they probably meant that there is a chance that we will be invited again for an interview.
As last chance I will of course go back to Italy and sort it out my husband citizenship.
Do you think Italian embassy can help somehow ??
Thanks again

[noajthan]

Thank you for your reply.
My rappresentative keep suggesting us that we have to do a fresh application.
Now I am really confused because I don't want to waste money again and get another refusal letter. But they ensure me that if I do a fresh application the HO will consider just the new application with the new document and not all we passed through.
I am not sure about it. Anyway they probably meant that there is a chance that we will be invited again for an interview.
As last chance I will of course go back to Italy and sort it out my husband citizenship.
Do you think Italian embassy can help somehow ??
Thanks again

I don't understand why your rep is apparently working you through system on UK rules.
Seems expensive, time-consuming & not really getting you anywhere - she/he (the lawyer) seems to be flogging a dead horse.

Why not regularise your position (your husband's) under EU rules even if it means going to Italy & coming back to UK.
My understanding is you cannot be refused even due to immigration irregularities except in particularly exceptional cases.

[marymartisolo]

I changed already lawyer twice and no one of them suggest me the EU immigration law. To do so now I think the best way is from Italy or another European country , am I right? And it will be better for the citizenship probably.

[noajthan]

I changed already lawyer twice and no one of them suggest me the EU immigration law. To do so now I think the best way is from Italy or another European country , am I right? And it will be better for the citizenship probably.

Glad you came here then & at least you have some fresh ideas.

EU migration route seems pretty obvious choice as you are Italian.

You obviously have connections, family, friends in Italy - otherwise suggest look at Malta (English-speaking) or anywhere you & hubby could feel at home.

Give it 3-6 months or more then see how land lies in UK.

[marymartisolo]

Do you think my husband can ask his document from the HO to go back in Italy since he came from there?

Do the voluntary return will affect his position? To be frank I don't know what it can be worst!

[noajthan]

Do you think my husband can ask his document from the HO to go back in Italy since he came from there?

Do the voluntary return will affect his position? To be frank I don't know what it can be worst!

Only one way to find out really.

I think it could help make things better not worse.

[Obie]

I have moved you post to this section as it seems more appropriate here.

I believe you will have the option of appealing directly to the Upper Tribunal for permission to appeal, and if that fails, the JR application to the High Court on the Cart basis.

I am perplexed by the Triubunal's reasoning.

I suggest you husband applies for Italian Citizenship, as I guess he will qualify.

[marymartisolo]

Hi, my husband has already submitted his document for the citizenship in the Italian embassy in London , but apparently without resident card cannot go far.
The tribunal refused because our first appeal was out of date and
they didn't find error of law in the decision of the judge of the first hearing.
I am trying to contact different lawyers to have ideas on what to do.

[Obie]

You need to be quick as you only have 14 days ..

At present they are strict on time limit.

In my opinion , I always believe marriage of convenience cases must be appealed unless there is a material change of circumstances .