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EEA2 REFUSED (GUTTED)

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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patbay
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EEA2 REFUSED (GUTTED)

Post by patbay » Sat Nov 23, 2013 1:19 pm

Hmm, I just received my documents with a refusal letter of my EEA2 application. Their reason is that our MARRIAGE CERTIFICATE and the STATUTORY DECLARATION attached makes them consider our marriage to have taken place by proxy. Because our passports show that none us attended the marriage ceremony in Ghana which is true. It also says that the Statutory Declaration that accompanied our marriage Certificate does not state that a dowry has been paid since it was a traditional marriage. They also say the Statutory Declaration did not state our current condition or marital status at the time of the marriage and that we are Ghanaian and therefore eligible to be married in accordance with the Ghanaian Customary Law.As such, the Statutory Declaration is not valid in accordance with Marriage and Divorce(Registration) Law 1985, and therefore the marriage Certificate is not valid without a valid Statutory Declaration.
The funny thing is that it states clearly on the Marriage Certificate that all the customary rites had been performed but because it doesn't say the same thing on the attached statutory Declaration the case worker stood on this and refused my application. Now, what can I do? OBIE and the GURUS, I need your usual unending help badly. Where should I go? APPEAL, REAPPLY OR RECONSIDERATION and documents to buttress my case. Thanks in advance

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Nov 23, 2013 1:23 pm

In cases of these sort, they hardly overturn their decision.

You may well need to appeal it.


Be prepared to provide evidence of genuine relationship, as UKBA tend to use a fallback position of marriage of convenience, when they have lost the prox marriage argument.
Smooth seas do not make skilful sailors

patbay
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Posts: 10
Joined: Sat Sep 21, 2013 5:06 pm

Post by patbay » Sat Nov 23, 2013 3:00 pm

Thanks a lot Obie for your repply. But may I kindly ask, we have a one year old daughter who I did not include any detail about her on my application as evidence of durable relationship and also did not include the form of REGISTER OF CUSTOMSRY MARRIAGES which has our marital status on it prior to our marriage which got picked up by the CASE WORKER and also did not include any pictures of ourselves. Now my question is, Will I be successful if I include these evidence for reconsideration or I should still go for the appeal? Your Advice will be vitally appreciated.
Thanks.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Nov 23, 2013 3:04 pm

You can request a reconsideration, if you so wish, and also put in an appeal. If reconsideration succeeds, then fine, if not, you can cintinue with the appeal .
Smooth seas do not make skilful sailors

patbay
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Posts: 10
Joined: Sat Sep 21, 2013 5:06 pm

Post by patbay » Sat Nov 23, 2013 3:30 pm

Thanks a lot Obie for your kindness. Now, as I do not know where to start and how to go about it, can you please guide me with the process please. I don't even know how to start the appeal process neither reconsideration. I don't even know the cost of any of them. Your valuable time is also appreciated.
Thanks again

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Nov 23, 2013 3:38 pm

I sent you a PM, in regards to your previous query on amother thread.
Smooth seas do not make skilful sailors

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