EEA FP Appeal for non-visa national - should we just go?

[letterbomb]

Hi guys, before opening this topic I have thoroughly searched this forum and it has been very helpful. But even after reading a lot into it I still have some questions that I hope you could help me out with. So here is my situation:

I have double nationality, Brazilian and Swedish and my spouse is Brazilian. We currently live in Brazil. We have been together for seven years and got married on the 8th of March of this year (2013). He applied for an EEA Family Permit on the 14th of March, providing my Swedish passport, his Brazilian passport and our marriage certificate. Howhever we were denied on the basis of being in a marriage of convenience, and that I showed no evidence of my intentions to travel with him or being in the UK. The ECO stated we didnt provide my current work and financial situation. And that we didn't provide evidence of our seven year relationship. In the extensive form we filled out we put in how much I earn and my current job situation. And for the application no proof of relationship was required expect for our marriage certificate. I didn't send a cover letter.

So our first decision was to appeal, we made a huge bundle with around 100 dated photos of our seven year relationship, including our wedding where our families attended. We also enclosed both our bank statements (showing we are self sufficient), my university certificate (I have just graduated and qualified myself as a job seeker). We also sent a hand written letter from myself explaining how I support his application and intend on traveling with him to the uk and also a handwritten letter from my mother with whom we live with at the moment, where she explained that we live with her and that my husband helps out with the home expenses. I also attached phone and credit card bills as proof of residency.

According to the post tracking system, our appeal arrived in the 22nd of April. We have not received any reply yet, but we know appeals take a while.

So here is my main question after having explained everything, since my husband is Brazilian, we currently live in Brazil, a non-visa national, should we just buy our tickets and request a Code 1A stamp at arrival? Would the border agent seeing that he has a refused Family Permit and is currently holding an appeal be any reason for him to refuse to give a Code 1A stamp on my husband's passport? We know the appeal will take a long time and we want to start our lives in the UK as soon as possible, so this seemed like an easier root we weren't going to risk before, but it seems it's not so much of a risk, and more of a right. The only concern is that he has the refused FP and an ongoing appeal on it.

Thank you so much in advance.

[Jambo]

I would just go. Carry evidence with you to refute any claim of marriage of convenience. They will not deny entry. Even if they suspect marriage of convenience, they need to let you enter and appeal in-country but I don't think you will get to that.

[Directive/2004/38/EC]

How long have you been living with your spouse?

[letterbomb]

How long have you been living with your spouse?

We live together with my mother since November 2012.

Your blog is very helpful, I hope you can answer my question or at least give me some guidance.

[acme4242]

Just go. As long as you spouse has no negative immigration history to the UK, should be no issues.

Now it is worth reading and printing the UKBA instructions to their own staff, and the UK Law. As I am sure you will meet some UKBA staff that disobey and ignore their own rules and laws to try and bully.

Start with Instructions to Staff
http://www.bia.homeoffice.gov.uk/siteco ... dlaw/ecis/

This one is of interest to you
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Who can issue EEA family permits?
:
Although it is preferable they obtain one pre-entry to make possible their
travel, an EEA family permit is not mandatory. Regulation 11(4) of the
Immigration (EEA) Regulations 2006 allows a person to provide other
proof of their right to enter the UK, if they do not have an EEA family
permit, residence card or permanent residence card.

So if someone starts harking on about how you must get EEA family permit.
Show them their own instructions and law.