Help and advice needed

Appeal05 · Post by **Appeal05** » Sun Dec 16, 2012 3:58 pm

My case is totally different

My wife Austrian Citizen
I am ( pakistani citizen ) Born in UAE (10 years) Lived in pakistan (6 years)
Lived in England ( 7 years ) ( Student and Visit )
95 percent of my family is british ( my siblings, Cousins, uncle, Aunties and so on and on )
My mother is pakistani ( thats why i have pakistani passport though i am totally british when it comes to lifestyle i watch X factor itv bla bla lol )

I have no intention to be british national because i am currently in Austria with my wife ( Family permit EEA )

I married my wife in 2011 Feb (in pakistan ) She came to austria after marriage because she wanted me to join her in Austria ( Family visa Austria).
It took one complete year for me to join her in austria ( work requirement housing and visa process) I came to austria in jan 2012.

We applied in June 2012 on behalf of my wife right to live and work in uk and me being her family member ( Refused with right to Appeal) On grounds of marriage of connivence ( RUBBISH)

Fresh Application 2 (Rejected same reason ) July

Waiting appeal decision on 19 DEC

We sent our marriage certificate with attested translation in english from german, personal photos, bills, Combine bank statements, Personal Chat ( sound foolish to ask these things) and still rejected our reapplication

What do you guys thing will happen on 19 of december when my appeal will be decided

UKBA have so much rejection stamp on my passport kind of frustrate me to SUE them sometimes.

Do you thing i should apply human rights application with good lawyer on basis that i have strong ties with uk ( though i want to stay in austria but just so i can move around here and there when my family needs me)

Please Guide

My wife and i were employed
But now i only work and she is studying
They are doing this on us poor souls lol

Thanks
Advice Suggestion and more questions

Post by **EUsmileWEallsmile** » Sun Dec 16, 2012 5:09 pm

On what basis did they conclude that your marriage was one of convenience?

Appeal05 · Post by **Appeal05** » Sun Dec 16, 2012 8:41 pm

Reason we married in 2011 but starting living together in 2012

How can i live with her while she is working in austria and applying for my application

Post by **Obie** » Sun Dec 16, 2012 9:09 pm

I believe you should appeal , as it is hard for a marriage of convenience refusal to be overturned by any other means. In EU law a couple do not necessarily have to live together to qualify. It is hard without more to conclude that a marriage is convenience because couple dont live together. Especially given the fact that the Austrian authorities issued a reunification visa to you.

Post by **EUsmileWEallsmile** » Sun Dec 16, 2012 9:14 pm

Appeal05 wrote:Reason we married in 2011 but starting living together in 2012

If you are living together, reapply and state this.

Post by **Obie** » Sun Dec 16, 2012 9:24 pm

Give the number of refusal stamps OP said he received from HO, it is kind of hard to see how he can overturn their negative decision by reapplying. However i will not dismiss such idea as it is less costlier. The success is the tough one to establish.

If refusal was due to lack of paperwork, then reconsideration is best option.

Post by **EUsmileWEallsmile** » Sun Dec 16, 2012 9:32 pm

Applying with exactly the same information as that lead to the rejection is not likely to lead to success, if on the other hand, there is additional relevant information, it might well lead to success.

Appeal05 · Post by **Appeal05** » Sun Dec 16, 2012 10:06 pm

We reapplied and again they rejected. We provided our address bills and bank accounts details. I did mention the point to them they still refused.

Our appeal will be decided on 19 dec after 6 months wait
Feel like suing them because reason for rejections are very harsh and rude

Appeal05 · Post by **Appeal05** » Sun Dec 16, 2012 10:40 pm

What normally would happen in appeal with all the evidence provided.

Post by **Obie** » Sun Dec 16, 2012 10:45 pm

I believe your lawyer will be in the best position to analyse the evidence and give his/her take on the chances of success. Except of course you want us to speculate

Appeal05 · Post by **Appeal05** » Mon Dec 17, 2012 10:58 am

No lawyer we applied on our own.

Appeal05 · Post by **Appeal05** » Mon Dec 17, 2012 1:22 pm

Although we have Told solveit about this and they said they will handle. We even informed austrian authorites about this. We dont understand but solvit amd austrian authroites said that they will help us if appeal came negative (which surely will be shocking).

How can someone deny rught to visit family and a country where they have so strong ties and reject the application on grounds sham marriage GOD save queen

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Help and advice needed

Help and advice needed