EEA FM Refused, new CoA required

[mzk86]

Hi,

I hope anyone can help me with an issue I have. I am the FM (wife) of a EEA national and was refused RC stating that it was marriage of convenience (even though HO never investigated my marriage, didn't come for house visit or invited us for interview whatsoever). We drafted an appeal based on Papajorgji case (thanks a lot to all the people who have said through the threads about this case) and have already appealed by end of Jan 17- no court date though since I know it can take a lot of time for them to come back. I have already paid the tribunal fee.

However my CoA is expiring soon, and even though I have repeatedly sent emails to newcoarequest for a CoA with refreshed dates, nothing has come yet. When I call HO, they say I just need to send them a reminder, which I have done twice with appeal reference, HO reference etc and getting the standard acknowledgment that the new CoA should be sent within 3 working days. The old CoA states that I have right to work until decision or until appeal rights are exhausted, which is all fine but my employer wants me to give them a new CoA. How do I proceed from there?

Thanks in advance to all who can help me.

[Obie]

Similar issues occured wit someone I know in December.

It took a pre-action protocol threat for them to issue a COA.

[mzk86]

Thanks Obie.

It is a shame really because it took a pre-action protocol letter to make HO decide (in my case refuse) the RC to begin with because they were very late with processing of the application. I guess it is pre-action protocol letter language from now on with HO.

At least they confirmed that I could appeal their decision and they also advised that I could apply via FLR (O) or FLR (M). Why would they advise private life in the UK route where I have the right of RC by EU route?

Thanks again.

[crunchycracker90]

Hi mzk86,

I'm in kind of similar situation to you and I'm probably just scaring myself, but I'd like to find out more information about your situation if possible?

Well just a background on myself - I'm non-EEA and was in the UK on a tier4 visa when I met my EEA partner. I then found a company in the UK which would sponsor me a tier2 visa, and I've been on a Tier2 visa since then.

We married last year (was in a relationship for 1 - 1.5 before we tied the knot) whilst I was on a Tier2 visa (which expires in 2018 so plenty of time) and he exercising his treaty rights as a worker. 4 months later (December 2016), we made an application for my EEA(RM) RC and his EEA QP registration certificate. We've received a COA with rights to work. Home office approved our marriage and did not conduct any interviews/ investigation, and we were only subject to 28 days notice, not the 70 days notice period.

But he's recently been poached for a new job with significantly higher pay/ responsibilities in his dream company, but it requires him to move cities. I then therefore quit my job in order to join him in the new city. But that means my Tier2 visa is now curtailed (expires in 28 days after my last day), but still have rights to work/ stay in the UK on the basis of my COA.

Now I'm worried because I've been scaring myself with stories on HO accusing people of 'marriage of convenience' and hope I'm just scaring myself. But if possible, I'd like to find out more about your situation to see if there could be a reason why home office decided to be naughty with your application, or that my situation was actually quite similar to yours and if that's the case then there will be likelihood of me being put in a similar situation and I'd like to prepare in advance for that.

Can I ask if possible:

1) What are your nationalities (you and your EEA partner nationality)
2) Where did you get married - in the UK or outside the UK
3) If you did get married in the UK, what visa where you on when you married in the UK, and how much time do you have left on your visa when you got married
4) If you got married in the UK, I presume you were also subject to 28 days notice period too since you mentioned HO didn't investigate your marriage?
5) How long have you known your partner before you got married? 1.5 years for our case is a bit short but hey ho, when you've met the right person you'll know it right?

Thanks very much in advance!