Punjab wrote:
Obie I don't agree with your point here. Asfar as I know and i say I may be wrong, if this is a sham marrige and if Sam tells HO about this then HO will certainly take action against this chap. No matter if Sam is exercising her rights if she complaints about this the chap will be qustioned.
If she sends this details to immigration and they put it in their national system which is used in airports to scan the passports than he will definately be stopped on entery points and willb e quistioned and probably deported.
With all due respect, you reserve the right to disagree with me, and i very much welcome disagreement and constructive criticism.
By definition, Sam's marriage cannot be described as a sham. For a marriage to fit that description, both parties would have known from the onset that the marriage is a fraud.
At best it could be describe as a marriage of convenience and at worst a marriage gone sour once residency is issued.
If she says the marriage was a sham from onset, that will implicate her, as it will be assumed she was aware of it.
From what i read, sam and her husband were living together in a legally recognised marriage for about 5 months after residency was issued. This is not a sham marriage by the most conservative of definition.
I am not trying to second-guess this guy, but he may say he had his reasons for behaving this way, or that the residency was not the reason he contracted the marriage. There is no way of reading someone's mind.
The system is different under national and community law. Had it been his residency was issued under national rules, he will stand no chance, but the situation is slightly different under community law.
Yes you are right, the HO can revoke a Residence Card if a marriage is sham, even if the EEA spouse he/she contracted it with is a qualified person. But in order for them to do this, they will first need substantive proof that this is the case, the person will have a right of appeal, and only if it is found by an immigration judge that the marriage was indeed sham, will the resident card be withdrawn. If it is found that they were married, that they lived as man and wife, and that the mnarriage was legally contracted and both parties were free to married at the time, the court will have no option but to rule that the spouse is covered until such a time as the decree absolute is issued in accordance with Diatta ECJ ruling.
That is my take to the best of my ability and understanding.
YOUR ID PHOTOCOPIES 