Problems with EEA Family Permit

[BartekCK]

Hello.
I'm Polish citizen and living in Scotland over 3 years . I got married with Colombian citizen 18th of August 2016 . We met and fall in love in December 2014 when she came to Edinburgh for 4 months . Unfortunately, she had to return home to finish law university.The whole time we kept contact with each other, and in June of this year I went to Colombia and to propose to get married . She applied for eea family permit and they refused because of regulations 7 and 12 . We didn't gave them any photos and chat logs because on website they said marriage certification is enough .I'm still waiting for my registrations number from home office . Today we applied for family visitor visa but I'm worried that they will refuse it as well.
What is the best next move to bring her to UK?
Please for help because we are loosing hope ;/

[noajthan]

Visit visa is inappropriate for a wife.

Reapply for FP.
That website is wrong
Do it properly - not just mc for proof of relationship!
Sometimes it takes 2 or 3 attempts.

[BartekCK]

Do you think that if we will give them photos from Scotland and our trip to England will be enough + some chat logs . Do you think that they can refuse because I don't have registration number? I'm working legal in uk over 3 years.

[KatieWills]

Reapply for the EEA FP supplying the missing information, chat logs, photos, proof that you have a genuine relationship.

Possible that a visit visa would be refused as your wife would have to submit evidence of ties to her home country and a reason for returning (work/study/family etc). A hubby living in UK could suggest to ECO a reason to overstay, especially on the back of FP refusal.

[noajthan]

Do you think that if we will give them photos from Scotland and our trip to England will be enough + some chat logs . Do you think that they can refuse because I don't have registration number? I'm working legal in uk over 3 years.

No need to panic and whichever reg number you may mean is not necessary.
Gather evidence, practice in paper version of form then reapply.

[BartekCK]

So we should cancel visa application or wait for decision and reapply for eea permit or reapply now?

[Richard W]

Reapply for FP.
That website is wrong.

To be precise, the website (I'd guess that the OP means this page) mistakenly assumes that the ECO will act in accordance with the law. Evidence of ongoing relationship is not required until the ECO has cause to suspect a marriage of convenience. The initial burden of proof is on the ECO. He has given no reason to believe that the OP's marriage is a marriage of convenience.

Alas, being in the right is little compensation for being apart.

Now, there is similar guidance for spouse visas, which has led a moderator on another forum to claim that evidence of relationship is not required. That deduction was contrary to the immigration rules, which do require evidence of a subsisting relationship, with the burden of proof on the applicant. Old hands had to lay into him for his dangerous deduction. I wonder if the similarity in guidance has been leading ECOs to make these mistakes when dealing with family permits.

Unfortunately, we've had several cases like this recently, as though there were an official policy to ignore the law. However, it's not a rare mistake, so the apparent upsurge might just be a coincidence.

[noajthan]

So we should cancel visa application or wait for decision and reapply for eea permit or reapply now?

Cancel visit visa?
Yes you could, (not sure its possible to do so).
Its the wrong visa for sure.

fyi even married couples with 7 or 8 years of married bliss have faced refusal for FP. As with marriage itself keep working at it.
Strengthen your case. Reapply asap.

[BartekCK]

Update . They refused visitor visa as I thought , so we need to reapply for family permit . Guys do you know the best way to show that our marriage is real? We have photos together from 2014 in UK Photos from 2016 Colombia +chat logs only since october 2015 .Probably I will go next month to see my wife . I hope it's enough