refusal of EEA Family Permit

[baba2013]

Welcome to everybody

I've read the intforation about EEA Family Permit but our situation is different, well..

We need some advice,please.i applied (i'm Nigerian) for an EEA Family Permit because i'd like to move to UK with my wife as an EEA national citizen, she is polish. all the doucments they wanted in the British Embassy from us we gave to them but we are surprised that we are refused.they wrote: "You have provided only a marriage certyficate in evidence of your relationship with a Polish national.There is no evidence of cohabitation or relationship.you have therefore failed to demonstrate satifactorily that both you and your sponsor do or intend to live permanently with each other as his or her spouse or that there is any affection and support between you.You have also failed to demonstrate that there is any substance to the marriage and this gives rise to suspicions that your marriage is one of convenience to facilitate your entry to the UK.Therefore on the balance of probabilities i am not satisfied that your relationship with your sponsor is genuine and subsisting."

we don't know what excess we need advise please.
what do they need again?we gave them documents of our living together, a marriage certificate, etc.
we are married for over 2 years and since we are living together.what else should we show them? we would like to appeal but we don't know what exactly to write them and whether we have some chance to get the EEA FP.could somebody help us?

warmly greetings

[Jambo]

This is not the first time it happens.

What evidence of cohabitation did you provide?

The ECO fails to follow the law and their own policies and applies domestic immigrations rules on applications under the EEA Regulations.

A marriage certificate is normally all that is required to prove you are a family member. If the ECO had concerns with regards to the relationship, he should have followed the guidelines (see EUN 2.10).

I would write back to the visa section and complain that the proper protocol is not followed. You can attach additional proof of cohabitation or of your relationship. Offer to be contacted if any issue arises.

[EUsmileWEallsmile]

ECO has misinterpreted the rules. There is no requirement to demonstrate that marriage is subsisting as per the immigration rules. Where there are genuine doubts as to the veracity of a marriage, a member state can conduct enquiries.

[baba2013]

Hi Jambo
The cohabitation we submit is this:our marriage certificate,my wife's confirmation of residence (i thought that i don't need to give them my own because in my residence card i have exactly the same address of temporary residence-i can't have a permanent address because i receive the residence card for 2 years).but the woman that i met didn't collect the confirmation of residence from me- i don't know why.we submitted our bank account statement,my polish resident card,our passports,statement from my wife's job ,my wife's ID card,even one our photo-that we are together.
Please we want to know whether it will be a chance for us again if we will submit our appeal form or maybe it is better when we would reapply for EEA FAMILY PERMIT again.
Bceause both of us are going to UK together , we want to live and to work there.
So now in our appeal form we want to incould all our previous statements of our cohabitation.our house contact in spain which show that we are living together since we got married.also our confirmation of residence in poland showing that we are living together since we move to poland.and a lots of our photos with friends here in poland and from spain.

[Jambo]

Appeal would take long time.

The requirements for EEA FP are simple. The refusal doesn't seem to be correct. I would complain (you can find details how on the UKBA website) and also re-apply. Attach a letter which explains why you believe the refusal was wrong. Add more evidence to show the marriage is genuine. It should be OK this time.

[Directive/2004/38/EC]

Where did you live together? For how long have you lived together? For how long have you been married?