Hi everyone,
On the 18 July, I applied for a EUSS family permit for my brother-in-law on behalf of my sister (EU national sponsor) just after a couple of weeks they got married over over Zoom, a video conference due to COVID risks and travels restrictions, after taking advice from a solicitor who said that telephone marriage is a genuine marriage and that is recognized in the UK.
A week later, I received the refusal later stating the following :
"Reasons for Refusal
On the 18 July 2020, you made an application for an EU Settlement Scheme (EUSS)
Family Permit under Appendix EU (Family Permit) to the Immigration Rules on the basis
you are a 'family member of a relevant EEA citizen'.
I have considered whether you meet the validity, eligibility, and suitability requirements
for a EUSS Family Permit, which are set out in Appendix EU (Family Permit) to the
Immigration Rules (https://www.gov.uk/guidance/immigration ... milypermit). You can also find out more about the requirements in the guidance on GOV.UK
(https://www.gov.uk/family-permit/eu-set ... ily-permit).
You have stated that the family relationship of the EEA citizen sponsor to yourself is
a spouse. As evidence of this relationship, you have provided a Nikah Nama certificate as
well as a Bangladeshi Marriage Certificate along with photos of the ceremony itself.
However, it is noted that in your application form that your wedding ceremony was
completed over Zoom, a video conference application with your sponsor in the UK and
yourself in Bangladesh. This means that your wedding was a proxy wedding. As such,
this Department would expect to see a letter from the Bangladeshi authorities stating
that your wedding was a proxy marriage and was completed in accordance with the
proxy laws in Bangladesh.
As you have not provided any such letter, I am not satisfied, based on the evidence you
have provided in isolation, that you are a 'family member of a relevant EEA Citizen'.
Your application is refused. "
So I consulted a barrister and that said the proxy marriage isn't recognized/accepted in Bangladesh and in the UK but it is a common practice in Bangladesh. The barrister advised my sister to go to Bangladesh and get married there.
She followed the advice and got married recently. And now, she would like to apply again for the EUSS family permit for her husband.
My sister is a full-time university student with settled status (under the EUSS), she still lives with her parents (in the UK) but once her husband would come to the UK they would move out on their own. I am not sure if this matter but the marriage was an arranged marriage but again it this a very common in Bangladesh and the asiatic countries.
Looking for any advice on the matter, thanks.
PS: Regarding the proxy marriage, would she require an annulment or anything that shows marriage isn't valid anymore. And what additional documents would she need to provide in order to support the application?
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