Hi everyone
I'm in trouble with my visa application and I don't know what to do. Thought it not might be a bad idea to ask for advice here in this forum.
I have applied for unmarried partner visa in Nov 2010. I am Brazilian and my partner is Ducth. We lived together for almost 4 years in Japan before we moved to Netherlands, in which we lived together for more that 3 years. September,2010 we decide to rubbish to UK.And here the problem started.
Yesterday,18/03/2011 I got my application back and it was refused for 2 reasons:
1.My dutch partner failed to provide evidence that he is qualified to have right of residence in UK.
2.I and my son 17 y/o (from my previous relationship,in time: I NEVER married before) as EEA family member failed to provide evidence that my dutch partner is qualified to have right of residence in UK. Additionally, we failed to provide evidence that we were related to him.
The documents we had sent to show evidence of his right to live in UK are:
. job contract
. job slips
. ID Netherlands (we didn't send his passaport due he need it for business trip all over the year)
The documents we had send to show evidence we are related:
. prof of our address in Japan (tax letter, letter embassy,)
. pictures of us together (japan, netherlands, family parties,etc)
. prof of adddress in Netherland( from database City Hall)
. cohabitation agreement made in Netherlands (we never made it in Japan)
. prof of our address together in UK (bank statement, letter from the IN) We couldn't send more prof once we just moved here and the bills of water, eletricity, ect, didn't arrived at the time we send our application.
In letter we received it states I am entitled to appeal against this decision on the following grounds:
. that decision is not in accordance with immigration rules.
. that the decision is unlawful because it racially discriminates against you
. that the decision is unlawful because i tis incompatible with your rights under the European Convention on Human Rights
. that the decision breaches rights which you have as a member of an EEA National;s family under Community Treaties relating to entry to or residence in th UK
. that a discretion under the immigration rules should have been exercised differently
. that the decision is otherwise not in accordance with the law
. that your removal from the UK as a result of the decision would:
. breach the UK obligation under the 1951 Refugee convention
. be incompatible with your rights under the European Convention of Human Rights
The letter also states that I CAN APPEAL or GIVE THEM reasons to consider why I should not be removed from UK. If I GIVE THEM reasons to stay in UK, and it is refused again I cannot APPEAL later.If I Appeal I can not be removed while it is in progress.
Additional informations:
. I HAVE dutch resident card ( i didn't send it or copy of it in my application)
. I apply for my visa with EEA form ( not sure if it was the right form)
. ALL job documents of my dutch partner are from dutch company in Netherland
. We didn't send ANY documents such tenancy agreement, water, gas, tv licence (btw...they ALL are on my name)
. Letter from my son school in which he attend full time
My question are:
. which choice would be best to myself: GIVE THEM reasons or APPEAL?
. which reason should I provide to convince them?
. in this circumstance, can we get marry here in UK?
. even my son and I have resident card for Holand, we have to be removed to Brazil ??
Does anyone know the best way to deal with my case??
How long the appeal might take??
What I can/should do ?
Thank you in advance and I'll appreciate any suggestion.
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222