Post
by mbanu » Sun Nov 04, 2012 6:59 am
Dear friends,
For some of us who are asking for how long i have been married, just to make some thing very clear here. When i went to embassy for my application, the ECO or what ever, asked me when did i get married, I told her clearly, i got married with the council, had my residence permit as a family member for 5 years. One year later, with my residence permit already i still got married in the church. The reasons for me been angry after all this, is, if i am in a marriage of convenience as the ECO put it, why should i get married, get a residence and one year later still go to get married in the church. I am married now for almost two years. My partner did not travel after the marriage to the UK. My partner only got a job in the UK after 15 months of marriage. We live together in the same house which is ours not even rent and both my resident permit and her National ID card is having that same address. How could you then call it marriage of convenience. I am sorry to say, but the ECO is using article 12 against me for marriage of conveniece, and the UKBA says in EUN2. 10.
EUN2.10 What if I suspect a marriage / civil partnership of convenience?
The definition of 'spouse' and 'civil partner' in the EEA Regulations does not include someone who has entered into a marriage / civil partnership of convenience.
When a marriage / civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant. Factors to consider include:
an adverse immigration history;
doubts about the validity of documentation;
application follows soon after the marriage / civil partnership;
no previous evidence of the relationship.
The ECO should not consider the following cases as marriages / civil partnerships of convenience where:
there is a child of the relationship;
there is evidence to suggest cohabitation.
ANYWAY, what i want to know is this;
I am a non eea citizen married to an eea citizen with a 5 years EU resident permit as a family member.
I do not understand this situation, maybe because i am just angry with every way the treated my application. I have talked with many embassies in Romania, and they told me i do not need a visa when travelling with my EEA partner. That is why i was thinking of to the use the EU law at the UK port of entry in one of this countries when travelling with my wife. To the best of my understanding, there is a UK port of entry in France or where ever. I would want to explain things my self with my wife present for a port entry stamp (code A1) or the UK no more applying that rule any longer.
