EEA Family Permit

[Pablito]

Hello Everyone

I have a question:

Me and my wife who is non EEA national have plan to apply for EEA FP, does the fact that in the past her student visa was cancelled and she was removed from the country can be a ground for refusal? From what i gathered information it has nothing to do with this application because she is now wife of EEA national, but there may be some investigation regarding authenticity of our marriage?

I would be very happy if some knowledgeable members could help me if i got some information wrong or there is something to add to it.

Thank You in advance

[jrge]

Hi,

Hello Everyone

I have a question:

Me and my wife who is non EEA national have plan to apply for EEA FP, does the fact that in the past her student visa was cancelled and she was removed from the country can be a ground for refusal? From what i gathered information it has nothing to do with this application because she is now wife of EEA national, but there may be some investigation regarding authenticity of our marriage?

I would be very happy if some knowledgeable members could help me if i got some information wrong or there is something to add to it.

Thank You in advance

For as long as you provide evidence that your marriage is not one of convenience, there shouldn't be any problem.

[Directive/2004/38/EC]

I would only provide information beyond the marriage certificate in very specific circumstances.

How long ago was she removed from the UK?
How long have you been married?

[Pablito]

Directive

It happened at the end of april, i followed her to the philippines on june 23, got married on 3rd of august,and been here ever since.

My thinking is same as yours however i plan to photocopy my extension visas to provide with required photocopy of passport, and in support of application simply state that ,photocopy of my passport includes those visa extensions ,without mentioning that this is to prove anything.What do you think?

One more thing if i may ask , one section of the application form includes need to provide information of sponsor, am i to conclude that i am sponsor ?

[jrge]

Hi,

Directive

It happened at the end of april, i followed her to the philippines on june 23, got married on 3rd of august,and been here ever since.

My thinking is same as yours however i plan to photocopy my extension visas to provide with required photocopy of passport, and in support of application simply state that ,photocopy of my passport includes those visa extensions ,without mentioning that this is to prove anything.What do you think?

One more thing if i may ask , one section of the application form includes need to provide information of sponsor, am i to conclude that i am sponsor ?

Yes, you are the sponsor (EU - National). And you only need to submit your certificate of marriage to prove it. In my opinion, anything more than that is unnecessary.

[Pablito]

I would only provide information beyond the marriage certificate in very specific circumstances.

How long ago was she removed from the UK?
How long have you been married?

Thank you very much Jrge and Directive

Directive what do you think about those dates ?

Jrge, did u actually fill out your FP application as easily with only providing them with basic information, marriage contract and copy of passport?

[Greenie]

I would only provide information beyond the marriage certificate in very specific circumstances.

How long ago was she removed from the UK?
How long have you been married?

This is a prime case where without evidence of the genuine nature of the relationship the application risks refusal. The applicant was only recently removed from the UK after her visa was canceled for reasons we don't know. The marriage post dates the removal. In these circumstances it would be unwise to not provide further evidence to show the marriage is genuine unless the op wants to spend further time reapplying or appealing.

[jrge]

Hi,

Thank you very much Jrge and Directive

Directive what do you think about those dates ?

Jrge, did u actually fill out your FP application as easily with only providing them with basic information, marriage contract and copy of passport?

In addition to our Marriage Certificate (no contract), we included one of my wife's payslips; only because it was mentioned on the cover letter she wrote. Please mind that we have been married for years and I have never had a problem with any authority.

[Pablito]

I would only provide information beyond the marriage certificate in very specific circumstances.

How long ago was she removed from the UK?
How long have you been married?

This is a prime case where without evidence of the genuine nature of the relationship the application risks refusal. The applicant was only recently removed from the UK after her visa was canceled for reasons we don't know. The marriage post dates the removal. In these circumstances it would be unwise to not provide further evidence to show the marriage is genuine unless the op wants to spend further time reapplying or appealing.

Greenie thank you very much

However don't you think that being in country of my wife's residence since 23rd of june and being married since almost 5 months is evidence in itself?and the fact that i want to travel with my wife to UK.

The reason why i am thinking to restrain myself from giving proof to them, is because it seems to me that many people who do ,are involved in problems they could have had avoided in the first place if they refused to provide information to UKBA. Moreover it also appears as maybe UKBA is breaking law by forcing people to answer questions in online application form which as many people claim on this forum are irrelevant to this kind of application.

[Greenie]

In my opinion in cases where the applicant has an adverse immigration history it reasonable to expect that the ukba is more likely to call into question the genuine nature of the relationship and thus it is advisable to provide evidence to pre empt that. G don't really agree with the theory that refusing to provide such evidence or information will make the application more likely to succeed. In your case given the fact you you have been married for 5 months and living together for that time is helpful so why not provide evidence of this?

[EUsmileWEallsmile]

In theory, UKBA are meant to prove that a relationship is not genuine, but in practice appear to place the onus on the applicant when they come to that conclusion. It this were to occur, you could reapply or appeal of course, but that's a lot of hassle.

[Pablito]

In my opinion in cases where the applicant has an adverse immigration history it reasonable to expect that the ukba is more likely to call into question the genuine nature of the relationship and thus it is advisable to provide evidence to pre empt that. G don't really agree with the theory that refusing to provide such evidence or information will make the application more likely to succeed. In your case given the fact you you have been married for 5 months and living together for that time is helpful so why not provide evidence of this?

Greenie i don't mind to prove them that i was really married with my wife for that period and that I've been here already for six months. I just don't necessarily want to go beyond this information. I just have this feeling from what i read in this forum and others that UKBA takes advantage of the information they often don't meant to ask for, and they force people to answer questions which many people think here are irrelevant for this kind of application.

But anyways assuming that the proof i will provide will not satisfy them, isn't it the case that they should arrange an interview for my wife in embassy before they can make such a decision ?