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2nd Refusal of Family Permit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Pablito
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Location: Edinburgh
Poland

Post by Pablito » Wed May 15, 2013 11:17 pm

Directive, our latest refusal does not state that our marriage is one of convenience but that our marriage is not "subsisting", I would think that this is already different refusal acknowledging that our marriage is not of convenience.
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vinny
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Post by vinny » Wed May 15, 2013 11:21 pm

vinny wrote:If they have accepted that it's not a marriage of convenience, then there is no requirement to prove a durable relationship.
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed May 15, 2013 11:34 pm

Pablito wrote:Directive, our latest refusal does not state that our marriage is one of convenience but that our marriage is not "subsisting", I would think that this is already different refusal acknowledging that our marriage is not of convenience.
Think of the two applications as independent. But they do not seem to have the evidence to say it is a marriage of convenience, partly because you are living together and have moved together. So now this examiner has shifted to rely on the UK Rules.
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vinny
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Post by vinny » Wed May 15, 2013 11:45 pm

UK Immigration rules are not applicable.

I think that the visa manager is confused with the requirements and where the burden of proof lies.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Pablito
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Location: Edinburgh
Poland

Post by Pablito » Fri May 17, 2013 1:48 pm

Guys,

I will be appealing today or tomorrow.

It is my first time in my life to appeal,but my idea is to simply say that I think decision made is unlawful because of Articles 8(5) and 10(2) that state that in order to acquire entry visa I am only required to prove "family link" by showing marriage certificate and valid passport.

Any additional suggestions please before I will take this step?
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri May 17, 2013 11:56 pm

Pablito, When do you want to move to the UK? Appealing seems to take about 3 months or so...
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Pablito
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Posts: 255
Joined: Sat Dec 15, 2012 1:56 am
Location: Edinburgh
Poland

Post by Pablito » Sat May 18, 2013 12:00 am

Directive/2004/38/EC wrote:Pablito, When do you want to move to the UK? Appealing seems to take about 3 months or so...
Directive, I have appealed already, and we will also try to get to UK by end of this month, if it doesn't work we will stay for awhile in Poland, until this matter is resolved.

But I hope we can get into UK.
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