Non EEA Permanent Residence Refused

[wantedwanted]

Hello admins, I am new to this forum and would like your ideas and advices. Well, I came to Uk on 2005 by visitors visa and overstayed since. I met an EU lady and we married and applied for EEA FM in 2010 and was given 5 years visa which expired around november 2015. before my visa expired i applied for permanent residence. i provided 5 years proof that i was staying with my wife, our payslips and bank statements as well. during those times i was having problems with my wife and unfortunately home office sent a letter requesting to interview us. we couldnt go because my wife wasnt feeling well. the lawyer sent them letters that we cant make it. in 2 months time they sent another interview letter and we couldnt go as well because my wife was pregnant and want feeling well. so we sent proof that my wife was pregnant so we cant make it. not knowing my wife was pregnant with someone else. we separated around march 2016 and since then she is not living with me again. now home office has refused my application because they believe our marriage is not genuine. now they said they need proof of the childs birth certificate and my name is not on it. i went for appeal and was refused again that they want evidence of my wifes birth. what can i do now please... is there anyway i can extend or renew my stay without my wife or based on getting married and living with her for 5 years? thanks.

[Obie]

Well it is surprising that they refused based on that. The test for marriage of convenience is very high. Well beyond proving that your wife was faithful to you.

[wantedwanted]

Thanks Obie for your reply. what do you think i can do now to regularize my stay. thanks.

[Obie]

It depends on the extent of the appeal determination.

[wantedwanted]

Thanks Obie. Appeal was turned down as they wanted evidence of my wife's birth.. Which is a problem because my wife is living with her boyfriend and she has her boyfriends name on the child. Any help please.

[Obie]

That is an error of law, as you can only get it if she gives it to you.

Anyway I believe your lawyer who dealt with this case, is likely to be better placed that me.

I don't understand what sense is there in telling them you are living with a partner who is pregnant by you, if that is not the case.

You just made things complicating in a wat that it should not.

[wantedwanted]

Thanks again Obie. But the issue is I never knew my wife was pregnant with somebody else.. That is why I sent proof of her pregnancy to the home office. Things have turned the other way round. Any suggestion on the best way to deal with this issue? At the moment we have separated over a year now..

[Obie]

My issue is not her living or getting pregnant with someone else. I am concerned more about what the judge said.

I am not convinced, and it makes no sense as a matter of law, for a judge to say, i am refusing your appeal, because you could not show who your wife was pregnant for. Either your lawyer was too incompetent to notify the judge of what the test in EU law, in regards to marriage of convenience is, or you are not giving the full story.


In my experience, cases don't plan up that way. It appears to me that you or your lawyer, have somewhere complicated things, and i cannot comment on the way forward.

You need to successfully address the views expressed by the judge for starters.

Women do get pregnant for other men, and cheat on their partner, for a judge to refuse on that alone, is beyond me. If at all they did, then it will be en error of law, meriting a grant of permission to appeal.

[wantedwanted]

Thanks for the reply. I understand something is wrong somewhere and I believe my solicitor wasnt helpful. first of all they refused because they believed our marriage wasnt genuine. secondly since we applied with evidence that my wife was pregnant they wondered why i couldnt provide a proof of the childs birth. anyway the harm has already been caused. can i apply based on my retained rights of residence? if so how can i go about it. thanks. any advice is welcomed.

[Obie]

I am not sure you have grasped what i said, or the implication of a determination by a judge that a person's marriage was one of convenience. That issue has to be dealt with properly. If there was no marriage then no right exist under the regulation, nevermind an ability to retain one.

[wantedwanted]

Thanks Obie. i really understand you. at the moment our relationship has broken down as we are separated over a year now. there is no way i can prove a genuine relationship at the moment. we are planning on getting divorced at the moment.. is there anyway for me or i still have to deal with the marriage of convenience thing they talked about. thanks.

[Obie]

It is hard for me to express an opinion, without proper facts.

I sympathise with you, but i am in a difficult position, i cannot understand.