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Very complicated family permit application- need advise

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

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Mpmp16
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Posts: 7
Joined: Mon Mar 27, 2017 6:58 pm

Very complicated family permit application- need advise

Post by Mpmp16 » Wed Mar 29, 2017 2:17 am

Hello everyone!
Firstly I would like to thank you every one who will decide to read my post and help/advise me with my immigration case.
It is regarding my husband's EEA family permit.
We recently submitted our application, however our case is very complex.
I am polish citizen living and working in UK for past three years, mu husband is from India. We met when he was here on his student visa. We were dating and living together for around a year, and then we decided to get married. Firstly we wanted to get married in UK but after giving the notice in registrar we were invited for a marriage interview to Eaton House. That didn't go entirely well, interview lasted 7 hours, we were without food and water all this time. At the end we were told that we are suspected to be a sham marriage and my husband was taken to detention center. We wanted to fight with HO, we stopped removal of my husband and wanted to take him out of detention but, his mom got really sick back India so we decided that it will be better when he will go back. He went to India as a volunteer on 22nd of May. In July 2016 I went to visit him and we gave our notice of marriage over there. Later I went in September 2016 and we got married in India.
The solicitor back UK advised us before applying for family permit to apply for Subject access request.
It supposed to help us to get notes from our interview which we fell and find out the reasons for us being considered as a sham marriage. HO didn't respond well to our request, we were waiting for around 3 months when finally after sending a final warning letter by our solicitor with a threat of judicial review,they respond.
We received SAR, however it was incomplete and didnt include the most important part which was our interview notes. SAR conteined some general info and general reasons suspecting us to be a sham marriage. We didn't want to waste more time so we decided to apply for family permit.
Based on what we received and remember from the interview we prepared our application. The solicitor help us create a cover letter with and explanation of our relationship and what happened on the interview. We submitted lots of supporting documents proving my accommodation, me exercising treaty rights, proofs showing from beginning our relationship till present ( 150 photos, whatss up chat-400 pages, whatss up calls, calls i made to detention centre, skype,utility bills/tenancy agreement from the time we lived together, my trips to india etc)
Now my question is, considering our previous interview back in UK and that we were suspected to be a sham marriage is it possible that HO will refuse my husband's family permit? Can they refuse family permit on the basis of this? is there any one who had the same or similar case before?
We submitted documents 10 days ago and for now i have not received any info/email or call.
I am getting very frustrated and nervous.. as It s been 10 months we are separeted nd I am very scared that it might be even longer.
Is there any one who knows how long it might take for them to make a decision.
I will very much appreciate every answer,
Thanks a lot for reading ..

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Very complicated family permit application- need advise

Post by vinny » Wed Mar 29, 2017 2:54 am

If they refuse, then he may appeal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Mpmp16
Newly Registered
Posts: 7
Joined: Mon Mar 27, 2017 6:58 pm

Re: Very complicated family permit application- need advise

Post by Mpmp16 » Wed Mar 29, 2017 12:35 pm

Thanks for your answer Vinny!
I know that we can appeal, but a length of the whole process, that what makes me worried. I know that appeal might take around 1 year or more.
We already have been separated for almost 1 year, Its hard to imagine that it could be one more for us to go if they refuse his visa... :( :(

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