Post
by Obie » Fri Jun 28, 2013 8:04 pm
The UKBA might be wrong in law.
Under EU law, you are not required to be living together under the same roof. And secondly, if they dispute any evidence the burden lies on them to prove it was not genuine.
In regards to Regulation 10(6), that is a controversial provision, as the directive does not strictly speaking require you to show you are self sufficient or exercising economic activity at the time of retention of residence. Such requirement may be necessary when you get to the Permanent Residence stage.
But credibility is the tool the want to use against you, and to justify that your marriage was not genuine, this is where the complexity come in.
But as a matter of law, the refusal is clearly unjustified.
Smooth seas do not make skilful sailors