EEA2 Unexpected Ho Letter Received

[gullposh]

hi gurus

i am non European citizen married with European citizen in 2014.

Applied Eea2 application in Dec 2014 .

refusal letter received reason mentioned sham marriage .

first tribunal rejected as well , went next further tribunals they refused my permission to seek in upper tribunal and further appeal rights has been exhausted also.

and currently i go every 2 month Ho Reporting centre as well.

Re applied fresh Eea2 application on
10 April 2017

previously i'v Received Ho voluntary return letter on 18 april 2017
that stated our record show that you remain in the UK without any valid leave to remain.
you must now make arrangements to leave the UK. but i think on that time their system has not been updated that i v already made a EEa2 application .. well

i did re apply fresh EEa2 application on 10 April 2017 and they charged me fee as well.
along with evidence and clarification of first refusal including further docs
almost 2 years water ,electriclity and council tax bill on joint name .
p60 and almost one year complete bank statement and one year wage slip of my wife.
GP letter conformation that we both registered same GP since 2014.
employer letter and contract . Land lord Letter and Tenancy agreement.
our both Elector vote registration confirmation.

now i have been expecting bio matric letter for my eea2 current application process ..

but today i have received a HO letter stated

you are requested to attend an interview in Dallas court reporting center where i normally go for reporting after every 2 month. and they did only ask to come myself not with my wife.

the interview is required to collate and verify personal data about you and your family .

please also provide us
last known address , schools family doctor, place of worship and local police station.

national passport (old expired or new one )
birth certificate.
national id card.
Driving licenses (from your country of origin expired or current ).

my query is has any one got this letter or went through this condition if so plz share your experience .

or is this a signal to detain or for my removal procedure ? i am so worried

[gullposh]

can any one plz advise me as i am so worried and feeling sick

[gullposh]

can anyone please reply as i need to go in couple of days . would be so so appreciated

[tmonaghan]

What is your Country of origin? And on what basis did you live in the UK prior to marrying your EU Citizen? Did you marry near the end of your Visa?

[gullposh]

What is your Country of origin? And on what basis did you live in the UK prior to marrying your EU Citizen? Did you marry near the end of your Visa?

thanks tmonaghan for your reply .. i am an indian national , i came in uk 2011 on student visa ..
i applied for a student extension in 2013 but they reject my student extension in 2013 bcause of toiec ... i applied further appeal and in the meantime iv got married with european national in 2014 ,, we are in geniune relation and living together since start of 2014 on same address.

my student case has been finished now as during wait for student visa appeal my college has been revoked as well ...
simple is when iv got married and applied for eea2 application i was llegal in this country as my student visa appeal was in process ...

[tmonaghan]

Does it mean that your were not referred to the Home Office by the Registrar? I mean it looks to me that your wedding took place once your Student Visa expired even though you appealed for your Visa extension. The fact that you married while you overstayed in the UK may question the merits of your marriage to a EU Citizen. So, it seems to me that the HO will want you to bring as much evidence as possible to show that your relationship with your spouse is genuine and that you can show that you have known each other for a long while, and prior to your Visa expiring.

[gullposh]

Does it mean that your were not referred to the Home Office by the Registrar? I mean it looks to me that your wedding took place once your Student Visa expired even though you appealed for your Visa extension. The fact that you married while you overstayed in the UK may question the merits of your marriage to a EU Citizen. So, it seems to me that the HO will want you to bring as much evidence as possible to show that your relationship with your spouse is genuine and that you can show that you have known each other for a long while, and prior to your Visa expiring.

no i did not referred by the registrar to home office . yes my student visa was on appeal on the time i have got married and submitted my eea2 application .

my question is as i have re applied my eea 2 application on April 2017 and i have been expecting bio matric letter , but HO sent me a unexpected etter that we need to verfiy your personal data about me and my family ,, they did not ask about my wife info or any thing related to my current eea2 application ..
they asking me to come in HO Dallas reporting centre along my national birth certificate , national ID card , national Driving license.

my query is why they asking me to come with these unrelated docs ?,, do they gonna detain me or what ? does any one has gone through same situation ?

[tmonaghan]

Family includes your wife, your spouse and other family members such as siblings and parents. Unfortunately no one can tell you what is going to happen once you are there. Maybe the reason for your wife not to be invited for an interview is because she is an EU Citizen thereby permitted to live in the UK under EU Law.

However, as far as you may be concerned given that you seem to be an overstayer, there is a possibility that you could be deported if you don't bring with your the documentation that can be used to support your EEA2 application and to prove that your marriage is not a marriage of convenience.

[tmonaghan]

Another two questions. Since you don't have a Visa permitting you to stay in the UK; how come your employer and your Landlord have not checked with you your Passport showing evidence that you have been granted a Visa to live in the UK? Basicly whilst you state that you have applied for a Eea2 application in Dec 2014; you have been residing in the UK without a Visa. Both your Employer and Landlord have a duty to check that you have a right to work and live in the UK. Being married to a EU Citizen is not enough; since you are an overstayer because you have exhausted your rights to appeal.

[gullposh]

Another two questions. Since you don't have a Visa permitting you to stay in the UK; how come your employer and your Landlord have not checked with you your Passport showing evidence that you have been granted a Visa to live in the UK? Basicly whilst you state that you have applied for a Eea2 application in Dec 2014; you have been residing in the UK without a Visa. Both your Employer and Landlord have a duty to check that you have a right to work and live in the UK. Being married to a EU Citizen is not enough; since you are an overstayer because you have exhausted your rights to appeal.

@ Tmonaghan , i never live illegal in this country for even single day, i have been came in this country on a student visa. while my student extension has been pending iv got married in end of 2014 . after submitted my eea2 case my another student appeal was on going , but after that i have not allowed my student visa appeal as my college has been revoked on that time judge has knew that my EEA application is in process as well . after that i did not carry on with my student appeal and i ignored that as i have already completed my b6 and wanted to live happy life with my wife so i focus on my Eea application.

[tmonaghan]

Since you have got married near the end of your student visa or whilst applying for a new visa; the home office deemed your marriage to be a sham marriage. It will be up to you to bring with you the necessary documentation to prove that your marriage is genuine. And this is where your problem lies, because the HO deemed your application based on a sham marriage. Prove them wrong.. Good luck..