REFUSAL FOR MY HUSBAND

INNOCENTY · Post by **INNOCENTY** » Sat Sep 14, 2013 6:18 pm

We apply for EEA 1 and 2 in june 2013 and today we received refusal for my husband application(EEA 2) BUT my own application (EEA 1) was approved.
The refusal says that in 2006 my husband applied for a visitors visa and stated that he was marry at that time.
But to the best of my knowledge, my husband was never married but we meet, the problem is from the visa agent that he contacted to assist him in applying for the visa,the agent was responsible for the documentation and submission then.
now my husband is given appeal because they believe he is marry before.

Please what can we do?

Post by **Lucapooka** » Sat Sep 14, 2013 6:23 pm

He needs to provide proof that he was not previously married, or was married but divorced before he married you. The false and/or erroneous disclosure of the marriage on the visit visa application will not matter for an EU application, but it's important that your current marriage is validated by the proof that he was actually free to marry. Simple as that.

INNOCENTY · Post by **INNOCENTY** » Sat Sep 14, 2013 6:30 pm

Thank you for your reply but he mention in the registrar office that he was not married before and they write on marriage certificate that he was single, so home office say he did not tell the registrar.

what can he do please

INNOCENTY · Post by **INNOCENTY** » Sat Sep 14, 2013 6:48 pm

please people we need advice .

what advice you can give please

INNOCENTY · Post by **INNOCENTY** » Sat Sep 14, 2013 8:30 pm

pls assist us with this, we are in a fix please

Imshzd · Post by **Imshzd** » Sat Sep 14, 2013 9:15 pm

Your husband already informed HO at the time of visitor visa,true or false who cares now.

Your husband told registrar that he is single rather then divorced.

So in the eye of HO this is deception.and your marriage is not valid.

Contact any good solicitor.

webbie1902 · Post by **webbie1902** » Sat Sep 14, 2013 9:57 pm

Well, this is what you can do. If there were fraudulent documentation included in ur visa application previously. You will have to get a divorce papers as back up. It's definitely going to be fraudulent as well. Haven't armed ur self with that go to the registrar office where u got marriage and tell them the truth that you were previous married and divorced and that you didn't disclosed this as at the time of ur marriage to ur current spouse, been that it was not held in the UK. Please bear in mind that not disclosing ur previous status to the registrar before been joined together ( I believe you we're asked on three occasions) is a criminal office and this could be reported to the police for investigation. If you are in luck, you will be given a warning letter from the general registrar's office and not be reported, especially if you do not have any previous criminal record and the process to correct your marriage certificate could take up to 4 months. You did not tell us when you got married? If the caseworker at the registrar generals office allowed the correction. Moreso, the single status will not be changed on your marriage certificate as you cannot alter official document, but you will have a self explanatory annotation written on the right corner of your marriage certificate stating that your previous marriage was dissolved. With that you can reapply again to the home office. I hope this helps.

Post by **sheraz7** » Sat Sep 14, 2013 10:03 pm

That refusal reason won't be easier to tackle because non-eu national is already got married status in ukba records in its previous applications. However, some solid proof especially the document confirming the single status from non-eu's home country's marriage authorities may resolve this issue with the justifiable reason that why in previous in previous application the non-national has declared its married status.

INNOCENTY · Post by **INNOCENTY** » Sun Sep 15, 2013 3:23 am

Thank you everyone, maybe will should leave the uk, does anyone know if leaving the uk will affect us in another country.

Post by **Amber** » Sun Sep 15, 2013 7:27 am

There is a bigger picture here, if your husband was previously married and it was not just a genuine mistake (ticking married), and he is not divorced, then you marriage is not valid and you have grounds to annul it. Moreover, this would question why he married you in the first place. If he is so deceitful as to not tell you he was previously married, alarm bells should be ringing.

scorpio1 · Post by **scorpio1** » Sun Sep 15, 2013 9:32 am

just share scanerio as you have, one of person married in 2007 with EU national even he married before but didnt inform (EU national i assumed) and HO knew as he visited UK in 2003 on visitor visa and later overstayer till 2007.
application refused and later lost appeal at court as well at fTT and UT, at the end he is living with current wife in EU country. he was living in same my city in the UK.

INNOCENTY · Post by **INNOCENTY** » Sun Sep 15, 2013 12:21 pm

l know everything about my husband because l did my findings before l married him.
if my hubby knows that the agent when out of is way to include what is not true, l know he would have told me and also done something about it before submitting and in fact he wouldn't have told the registrar he was single.
What document can we possibly produce to show he wasn't married b4, with possible explanation about the reason of what happen when he apply in 2006.
Thanks everyone

INNOCENTY · Post by **INNOCENTY** » Sun Sep 15, 2013 12:29 pm

sheraz7 thank you for your input and also webbie1902 we appreciate your comment.
you can still please throw more light

obie your input is highly awaited

And other member of the forum

Thanks

scorpio1 · Post by **scorpio1** » Sun Sep 15, 2013 1:17 pm

just quick to get idea, at the end of form applicant must signed declartion plus HO ask Have you used an agent or representative to complete this
application?
any idea what was given answer there?

Post by **Directive/2004/38/EC** » Sun Sep 15, 2013 3:09 pm

I would suggest your husband request his file from UKBA by doing a SAR http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

I would also suggest you find a qualified immigration solicitor who knows EU free movement law. If your husband has never been married before marrying you, then you should be fine. But it may take some time to clean up

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REFUSAL FOR MY HUSBAND

REFUSAL FOR MY HUSBAND