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EEA FP refusal please help

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

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

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hesoyam
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Posts: 4
Joined: Fri Jul 01, 2016 7:51 pm

EEA FP refusal please help

Post by hesoyam » Fri Jul 22, 2016 6:47 pm

Please if someone can help me?!

On 20th July I was refused EEA family permit to join my wife back in the uk

Here is the story:
Me and my wife started living together in May 2015 while I was still on student visa
At the time she was married and tried to sort her divorce out.
My student visa finished and I have since returned back to my home country so I can prepare the paperwork and ceremony for the wedding while she sorts out her divorce papers.
We got married on 12.07.2016 and applied couple of days later for EEA FP.
Documents we provided to support our application:
Original and international marriage certificate
Electricity, gas and landline phone bills dating back as far as June 2015 with same address and both names
Joint bank account dating as far as August 2015 with the same address
Over 50 various pictures dating as far as March 2015 showing our life back in the uk as well as wedding pictures with both of our families
Tenancy agreement dated May 2015 plus landlord reference letter who is my aunt as well
2 reference letters
Viber logs dating as far as December 2015
Both mine and hers return tickets
Both uk driving licenses with the same address
Both cover letters asking them politely to grant me entry clearance
Her payslips
Employment contract
Employer letter
P60

Decision we got was very weird and it follows:
While you have provided a marriage certificate to show that you where married on the 23.07.2016( we got married on 12th wtf plus refusal letter was dated 18th July) the evidence before me does not indicate that your relationship with the EEA national can reasonably be considered as one of substance.
In your current application you state you first met your wife on November 2014 and that your relationship began on February 2015. However, you have provided very little evid nice of your relationship, contact between two of you etc. From before 2016.
I also note that you have stated in q119-120 that you have lived with the sponsor between August 2013-November 2013( I never lived with her at that time.. The reason I have put that info was, when it asked "have you or your EEA family member ever been married before and when I answered yes, the question pops out with date from when and to and where). Yet you have provided no evidence of cohabitation, shared bills, tenancy agreement showing both your names etc. Moreover, you have earlier stated that you only met your spouse in November 2014, which directly contradicts the declared cohabitation in 2013. Finally, the letter from Mrs XXX XXX, which you have also provided in support of your application, indicates that you have lived together in her property since May 2015, which also does not match your previous statements.
Consequently, I am not satisfied that the documents provided demonstrate that the marriage is one of substance.
Therefore I refuse your EEA FP application because I'm not satisfied that you meet all of the requirements of regulation 7 of the immigration (EEA) regulations 2006..


Now I have never lived with my wife in 2013 and haven't even met her at that time but part of online application was very confusing so I thought that part was about her previous partner which I thought was a bit strange.

The most important part is that ECO wrote like that my marriage has yet to happen but I have marriage certificate with me which to me indicates very poorly assessed application.
I really don't know what they want from me even I provided tonnes of papers to support my application.
now my wife has left back for the uk cause her work does not allow her to stay longer.
Please if someone can help it will be greatly appreciated!!

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

Re: EEA FP refusal please help

Post by Obie » Fri Jul 22, 2016 7:53 pm

Essentially the refusal was under regulation 7, which means the ECO was aware you were applying as a family member, but for reason known to the ECO, he formed the view that your marriage is one of convenience.

You now need to possibly apply and appeal, and see which one succeeds sooner.
Smooth seas do not make skilful sailors

hesoyam
Newly Registered
Posts: 4
Joined: Fri Jul 01, 2016 7:51 pm

Re: EEA FP refusal please help

Post by hesoyam » Fri Jul 22, 2016 8:00 pm

Obie wrote:Essentially the refusal was under regulation 7, which means the ECO was aware you were applying as a family member, but for reason known to the ECO, he formed the view that your marriage is one of convenience.

You now need to possibly apply and appeal, and see which one succeeds sooner.

But why would ECO put our marriage date completely different? That gives an impression that he didn't even look at the application plus I did give more evidence from well before 2015 and he is saying that I did not..
He did not even try to contact us for a interview and nothing

Richard W
- thin ice -
Posts: 1950
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: EEA FP refusal please help

Post by Richard W » Sat Jul 23, 2016 10:09 am

hesoyam wrote:But why would ECO put our marriage date completely different? That gives an impression that he didn't even look at the application plus I did give more evidence from well before 2015 and he is saying that I did not.
My guess is that the ECO was unfit for work that day, and your unusual circumstances simply confused him.

hesoyam
Newly Registered
Posts: 4
Joined: Fri Jul 01, 2016 7:51 pm

Re: EEA FP refusal please help

Post by hesoyam » Sun Jul 24, 2016 2:38 pm

Richard W wrote:
hesoyam wrote:But why would ECO put our marriage date completely different? That gives an impression that he didn't even look at the application plus I did give more evidence from well before 2015 and he is saying that I did not.
My guess is that the ECO was unfit for work that day, and your unusual circumstances simply confused him.
Should I in new application tell them where they made mistake and to carefully look through documents and to state my rights?
Or that will just piss them off?
Thanks

Richard W
- thin ice -
Posts: 1950
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: EEA FP refusal please help

Post by Richard W » Sun Jul 24, 2016 5:18 pm

I'm no expert on tactics, so you cannot rely on my suggestions.
hesoyam wrote: Should I in new application tell them where they made mistake ...
You need a covering letter or similar to warn where your replies might be misinterpreted, and if need be hypothesise that they had been misinterpreted.
hesoyam wrote:... and to carefully look through documents...
Explain how they support your case. Don't say, 'Do your job properly!'. That will cause offence.
hesoyam wrote:...and to state my rights?
Rather say why you believe you meet the requirements.
hesoyam wrote:Or that will just piss them off?
The wording you used in your question would cause offence.

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