UKBA visit on sunday 8 morning

[Directive/2004/38/EC]

what i guess that if you brave enough for a gamble then why not you tell your EEA partner to call UKBA from her country and briefly explain as why she is not in UK now.

What is the point of this? I do not see it. An appeal is the right time to deal with explanations...

[Englandd]

but whats harm of doing it? will it disturb the process?

[Directive/2004/38/EC]

but whats harm of doing it? will it disturb the process?

I can only see the possibility of harm and confusion.

Who are you going to call in UKBA? The generic call centre? And you expect that they will accurately and faithfully transcribe the subtleties of the wife's statement? And that it will answer (somehow) the question that was trying to be answered by sending out a van of people to visit?

Not worth it! (In my opinion)

It is like people who send in more than their marriage certificate with the applications. And the extra information causes a rejection of the application.

[Englandd]

But why you are forgetting as many of this forum participants have really been benefited even from their minor acts like this ones by writing/emailing/telephoning. I think if a result looks dubious then why not give try (gamble) some thing relating to it.

[ravii]

I would to draw the attention of this forum that how his wife travel aboard with out passport or I'd as his application is pending in UKBA.If you requested your wife's I'd/passport back for urgent travel after submitting EEA2 application then there is no point for this surprise visit.This is un clear that what proof of identity of your wife,EEA national you attached with your application?

[mtsgill]

I would to draw the attention of this forum that how his wife travel aboard with out passport or I'd as his application is pending in UKBA.If you requested your wife's I'd/passport back for urgent travel after submitting EEA2 application then there is no point for this surprise visit.This is un clear that what proof of identity of your wife,EEA national you attached with your application?

Dear ravii, My wife has two types of travel documents. One is EU Passport and the other is her National ID card which allows her to travel under free movements rights.

[mtsgill]

but whats harm of doing it? will it disturb the process?

I can only see the possibility of harm and confusion.

Who are you going to call in UKBA? The generic call centre? And you expect that they will accurately and faithfully transcribe the subtleties of the wife's statement? And that it will answer (somehow) the question that was trying to be answered by sending out a van of people to visit?

Not worth it! (In my opinion)

It is like people who send in more than their marriage certificate with the applications. And the extra information causes a rejection of the application.

Hi Directive!

Need your expert opinion once again mate.

As expected, finally received a refusal notice along with all submitted documents this week.

Reasons was: We believe this was a marriage of Convenience!!!! (I rate them for judging relationships like that?)

Further more: Tenancy Agreements, Gas and Electricity bills were not there just one BT Bill since we have been married since 1 and half year. Reason being, our tenancy provides all utility bills inclusive. However, we did not provide tenancy agreements as we thought only BT bill might be enough for residence proof as it is not speciifed on the application form EEA2 how many documents were required as proof of relationship apart from Marriage certificate.

Also: I had 30 days visa left at the time of marriage and unbelievably this is kind a discrimination I believe as we were in relationship prior to marriage for about 10 months and thats when we decided to get marry.

They also pointed out only little amount was transferred by YOU to your Joint account (Me and my Wife) and then transferred back to yours?? Even when I showed here as SELF SUFFICIENT on my income, why are they bothered about her income etc?? She has full access to my account too and most of the time we use cash at home and or she uses my debit card for shopping as she doesn't use her account much as she is not working or anything..

Now, we I am given appeal rights too.

I HAVE NO IDEA which step to take next???

Is it related to the recent visit they had 2 week ago, which I mentioned in my previous posts earlier.???

Or shall I lodge a fresh application again with updated documents such as Joint Tenancy Agreements, Bills etc. or Appeal route? If appeal route, which one would be more effective? Oral or Paper based? How long timelines for appeal route????

What other documents can prove our marriage is genuine apart FROM US TWO TOGETHER???

Please help.

[Englandd]

The only root cause is that they did not find your wife living with you in your property and perhaps from the luggage/belongings they assessed that she does not live there. There is no requirement for demonstrating BT bills, tenancy agreements etc as because you already attached the joint bank statements to prove the residence requirement.
If your wife came back and you both living together then you can appeal/re-apply.

[Jambo]

When it comes to the HO claiming marriage of convenience, I would prefer oral appeal. Nothing more convincing than both of you in front of a judge.

If you reapply, then they can still keep their claim.

[mtsgill]

When it comes to the HO claiming marriage of convenience, I would prefer oral appeal. Nothing more convincing than both of you in front of a judge.

If you reapply, then they can still keep their claim.

Thank you Jambo. Thats what we are thinking of doing.

How long would it take for us to get a hearing date and the overall time scale for the whole appeal process?

Thanks

[Jambo]

Thank you Jambo. Thats what we are thinking of doing.

How long would it take for us to get a hearing date and the overall time scale for the whole appeal process?

Thanks

I suggest you check - EEA2 Appeal Timelines - ONLY 1 TOPIC -UpToDate.

[Englandd]

yes your chosen strategy is desirable i.e appeal because all they want to see both of you together. Apart of the eea2 appeal timeline you should also read the posts of forum member (Samelamin). He also faced similar problem but in appeal be succeeded.

[mtsgill]

Thank you guys.

You are always very helpful as always.

Take care and have a fab weekend.

[Directive/2004/38/EC]

You and your wife need to think broadly at this point.

What evidence do you have of an ongoing marriage?
Do you have pictures together over the last N years?
Do you have things you have applied for together?
Are you registered at the same Doctors office?
Do you have a load together?
What kinds of government things has she applied for (e.g. a passport renewal)?
What kinds of government things have you applied for (e.g. a passport renewal)?
What trips have you made together?
Shared Tesco points account with two cards?
Restaurants that you go together to on a regular basis?
Think broadly about other things that might demonstrate that you live together as husband and wife.

I would tend to also think that an oral appeal is likely the way to go, and you likely want to consider professional advice from a solicitor.