Wikiposts

EEA-FP (I need guidelines)

Thread Tools
 
Old May 15th 2015, 2:46 am
  #1  
Just Joined
Thread Starter
 
Joined: May 2015
Posts: 10
fasi25 is an unknown quantity at this point
Default EEA-FP (I need guidelines)

Hello Every one ,

I hope you all are well ,

I have applied for my EEA-FP and got my passport with refusal letter. they said they feel like my marriage is marriage of convenience.

this is what the decision I got ...

The Decision

You have applied to accompany your wife, an Italian national, to the UK. However, the nature and origin of your relationship is not clear. I note from your immigration history that you w/ere previously in the UK on a Tier 4 permit and then on a Tier 1 post study /permit. On 08/01/02013 you were refused to additional leave to remain in the UK. You unsuccessfully appealed this decision, and voluntarily departed the UK on 26/05/2013. in your application you state that you first met your wife in 2008 over the internet and that your relationship started on 24/07/2008. nothing has been submitted with your application, such as correspondence, to demonstrate that you met your wife at that time.

It is also not unreasonable to expect to see documents to demonstrate a genuine relationship between you and your sponsor since the time you state you first meet, in 2008, until the time of your wedding day on 10/05/2014, as well as since then. however you have not provide any documents to suggest that your relationship was ongoing at this time. In addition, you have not provided any documents, such as photographs, to demonstrate that you have ever met your sponsor in person, including at your wedding. I accept that you have provided documents to suggest that your sponsor traveled to Pakistan in 2014, however nothing has been submitted to demonstrate that she spent this time with you. I also note that she is originally from Karachi, and it there fore stands to reason that she has family in this area and could have been visiting them.

Given all of the details above, i am not satisfied that your relationship is genuine and I am led to question whether this relationship is to facilitate your entry back into the UK. I am satisfied that you are party to a marriage of convenience and are therefore not the family member of an EEA national in accordance with regulation 7 of the immigration (European Economic Area) regulations 2006.

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (EEA) regulations 2006. >>>



As I got this decision , if you read and give any advice on this matter would be more help fulll.




the documents I provided at time of Application are..

1 - My passport
2- my wifes passport photo copy
3- my wife covering letter
4- my application form
5- email corresponding with my wife copy
6- air tickets
7- Original marriage certificates and translation and international marriage certificate as well.

I didn't provide any photo as my scenario was different, as my wife live in USA right now and she got Italian nationality as well.
we got married in may 2014 and after one month she went back to USA to complete her studies. I showed her ticket that she is coming back in 27th of feb 2015, but they refuse my application. we decided that if we got visa in feb so we both move in UK in end of march 2015.

now my question is that
how long appeal can take . or do I have to go for appeal or make a new application. if I make new application is that gonna be any bad effect on it .

I am waiting for your prompt reply will be very thank full for your guidelines.

many thanks in advance

regards

fasi
fasi25 is offline  
Old May 15th 2015, 4:33 am
  #2  
Dichotomus tinker
 
not2old's Avatar
 
Joined: Aug 2013
Location: Ontario, Canada
Posts: 6,686
not2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond repute
Default Re: EEA-FP (I need guidelines)

you posted the following ...

Originally Posted by fasi25

I have applied for my EEA-FP and got my passport with refusal letter. they said they feel like my marriage is marriage of convenience.

this is what the decision I got ...
The HO reason for refusal

The Decision

You have applied to accompany your wife, an Italian national, to the UK. However, the nature and origin of your relationship is not clear. in your application you state that you first met your wife in 2008 over the internet and that your relationship started on 24/07/2008. nothing has been submitted with your application, such as correspondence, to demonstrate that you met your wife at that time.

It is also not unreasonable to expect to see documents to demonstrate a genuine relationship between you and your sponsor since the time you state you first meet, in 2008, until the time of your wedding day on 10/05/2014, as well as since then. however you have not provide any documents to suggest that your relationship was ongoing at this time. In addition, you have not provided any documents, such as photographs, to demonstrate that you have ever met your sponsor in person, including at your wedding. I accept that you have provided documents to suggest that your sponsor traveled to Pakistan in 2014, however nothing has been submitted to demonstrate that she spent this time with you. I also note that she is originally from Karachi, and it there fore stands to reason that she has family in this area and could have been visiting them.

Given all of the details above, i am not satisfied that your relationship is genuine and I am led to question whether this relationship is to facilitate your entry back into the UK. I am satisfied that you are party to a marriage of convenience and are therefore not the family member of an EEA national in accordance with regulation 7 of the immigration (European Economic Area) regulations 2006.

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (EEA) regulations 2006. >>>
seems clear cut for the refusal. Now its up to you to appeal & to prove otherwise that your relationship is genuine

http://www.eearegulations.co.uk/Latest/ByPage/part2_12

https://www.gov.uk/government/public...y-permit-eun02

Last edited by not2old; May 15th 2015 at 4:37 am.
not2old is offline  
Old May 15th 2015, 4:54 am
  #3  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 9,709
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: EEA-FP (I need guidelines)

From your posting you do not appear to have had any relationship (certainly not a married one) with your 'wife'.

While your marriage might have been an 'arranged' one, you failed to show any evidence that you had met prior to the wedding, no wedding photographs, and after a month your bride went back to the US and you have not seen her since. Also you appear to have not shown any evidence of sustained correspondence since then.

Your wife lives and has studied in the US. She travelled to Pakistan, married and then returned to the States.


You have been denied two applications for further stays in the UK.

Unless you can show a true married situation (living together with all the relevant documentation to prove this) I don't think you have much to appeal with.

However, appeal if you wish. Very difficult to say how long an appeal would take, taking into account your past immigration history.
SanDiegogirl is offline  
Old May 15th 2015, 6:55 am
  #4  
Just Joined
Thread Starter
 
Joined: May 2015
Posts: 10
fasi25 is an unknown quantity at this point
Default Re: EEA-FP (I need guidelines)

Originally Posted by SanDiegogirl
From your posting you do not appear to have had any relationship (certainly not a married one) with your 'wife'.

While your marriage might have been an 'arranged' one, you failed to show any evidence that you had met prior to the wedding, no wedding photographs, and after a month your bride went back to the US and you have not seen her since. Also you appear to have not shown any evidence of sustained correspondence since then.

Your wife lives and has studied in the US. She travelled to Pakistan, married and then returned to the States.


You have been denied two applications for further stays in the UK.

Unless you can show a true married situation (living together with all the relevant documentation to prove this) I don't think you have much to appeal with.

However, appeal if you wish. Very difficult to say how long an appeal would take, taking into account your past immigration history.
Hi Sandi

thanks for your brief reply, I really appreciate your comments. let me tell you whole situation then you will realize easily.

Our marriage happened in 10th may 2014, she came from USA as her studies were going so she need to go back USA to complete her studies and our families decided to arrange a marriage function in may 2015 and now I have my marriage function after 4 days. so at that time our marriage is happened and she spend only 1 month with me and then left the country for her studies. as I really don't know about it that we have to have our photos as well seriously thats why we didn't have photos together yes we share our photos in viber in whats app in emails which i have record of them but still these are single photos not together.

I have skype and viber and emails but for skype chatting I have install my windows many times so may be I will get only maximum 6 or 7 months backup as I really dont know it that it will help in applying visa.

my EEA-fp is rejected is that gonna be effect on my new eea-fp application. as they already mention my marriage is marriage of convenience.

I have made online application on 4th of may and now I have to submit documents 29th of may. your precious suggestions will be more help full.

thankx
fasi25 is offline  
Old May 15th 2015, 7:08 am
  #5  
Dichotomus tinker
 
not2old's Avatar
 
Joined: Aug 2013
Location: Ontario, Canada
Posts: 6,686
not2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond repute
Default Re: EEA-FP (I need guidelines)

OP, the UK caseworker is doing their job & following the rules, which if the proof of relationship & marriage is not clear - then you get refused.

The onus of proof lies with you to convince the HO that yours is not a 'marriage of convenience or sham marriage'

section 3.4 onwards, as well, you appeal under section 3.8

http://ec.europa.eu/dgs/home-affairs...n_final_en.pdf

in the following, particularly page 14 onwards

https://www.gov.uk/government/upload...rtnerships.pdf

Last edited by not2old; May 15th 2015 at 7:12 am.
not2old is offline  
Old May 15th 2015, 7:17 am
  #6  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 9,709
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: EEA-FP (I need guidelines)

Submit what documents your think are going to prove (and win the appeal) that your marriage is a true, stable and genuine relationship.
SanDiegogirl is offline  
Old May 15th 2015, 7:23 am
  #7  
Dichotomus tinker
 
not2old's Avatar
 
Joined: Aug 2013
Location: Ontario, Canada
Posts: 6,686
not2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond repute
Default Re: EEA-FP (I need guidelines)

Originally Posted by SanDiegogirl
Submit what documents your think are going to prove (and win the appeal) that your marriage is a true, stable and genuine relationship.
I agree, likely though from the OP, the quoted part below from the HO is what the OP may have difficulty producing the evidence?

Originally Posted by fasi25
It is also not unreasonable to expect to see documents to demonstrate a genuine relationship between you and your sponsor since the time you state you first meet, in 2008, until the time of your wedding day on 10/05/2014, as well as since then. however you have not provide any documents to suggest that your relationship was ongoing at this time. In addition, you have not provided any documents, such as photographs, to demonstrate that you have ever met your sponsor in person, including at your wedding. I accept that you have provided documents to suggest that your sponsor traveled to Pakistan in 2014, however nothing has been submitted to demonstrate that she spent this time with you.
not2old is offline  
Old May 15th 2015, 8:20 am
  #8  
Dichotomus tinker
 
not2old's Avatar
 
Joined: Aug 2013
Location: Ontario, Canada
Posts: 6,686
not2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond repute
Default Re: EEA-FP (I need guidelines)

Originally Posted by fasi25

I have made online application on 4th of may and now I have to submit documents 29th of may. your precious suggestions will be more help full.

thankx
from the HO in your first post. If you can satisfy what they're asking, then you may have a reasonable chance of approval

in your application you state that you first met your wife in 2008 over the internet and that your relationship started on 24/07/2008. nothing has been submitted with your application, such as correspondence, to demonstrate that you met your wife at that time.


It is also not unreasonable to expect to see documents to demonstrate a genuine relationship between you and your sponsor since the time you state you first meet, in 2008, until the time of your wedding day on 10/05/2014, as well as since then. however you have not provide any documents to suggest that your relationship was ongoing at this time.
Let me give you some idea or suggestions on what I think you'd need to provide...

- From 2008 when you say you first were in contact with your sponsor (now wife) to your wedding date, had you ever met or seen or be with each other? If so, then provide the proof

- Had you or your now wife ever visited each other in the country that they lived between 2008 & the wedding date? if yes, then provide the the proof

- For the time you were in the UK on a tier 1 study permit till the time you left the UK in 2013, other than by internet - did you & your now wife have any meetings or contact in the UK or any other country? if so please provide those details.

- When did your wife leave the country she was living in prior to going to the USA to study & where would she normally reside when not studying in the US?

- Did you & your now current wife live in the same town or village ever prior to your marriage? - if so, what was your relationship if any - provide proof.

- On your wedding day, do you have proof of anyone who was present, are there wedding photographs, a celebration event, did you honeymoon anywhere? - if so, provide these details.

- Did the wedding rituals consist of .... the Henna ceremony (Rasme Henna), the vows or the Nikah which is a part of the actual wedding or Shaadi ceremony, and a subsequent Walima - if so, then likely you would be able to provide this information?

- How long after wedding was it to the time your wife returned to the USA?

- Since your wedding in 2014 how much time have you physically spent together? - provide details

- Has you wife ever resided or lived in Pakistan?, if so - please provide dates & details of her residence, schooling, jobs etc

- Since the wedding up to the time of your FP application, can you provide a log or information of all the contacts that you have had with each other, as well as any communications with each others family?

- Going forward, can you provide details of your living arrangements when you enter the UK, an address or other details?

Last edited by not2old; May 15th 2015 at 9:36 am.
not2old is offline  
Old May 15th 2015, 9:41 am
  #9  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 9,709
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: EEA-FP (I need guidelines)

Maybe it would be quicker if the poster could tell us what physical evidence (documents, photographs, etc) he currently has that proves he has a loving stable relationship with his 'wife'.

He did not provide any such evidence in his application.

The only thing he has told us is that he married and that has not seen his wife for a year.

Without physical evidence he has no case for a permit for the UK
SanDiegogirl is offline  
Old May 15th 2015, 10:58 pm
  #10  
Lost in BE Cyberspace
 
Joined: Nov 2012
Location: bute
Posts: 9,740
scot47 has a reputation beyond reputescot47 has a reputation beyond reputescot47 has a reputation beyond reputescot47 has a reputation beyond reputescot47 has a reputation beyond reputescot47 has a reputation beyond reputescot47 has a reputation beyond reputescot47 has a reputation beyond reputescot47 has a reputation beyond reputescot47 has a reputation beyond reputescot47 has a reputation beyond repute
Default Re: EEA-FP (I need guidelines)

To an outsider, it looks very like a marriage of convenience.
scot47 is offline  
Old May 16th 2015, 4:40 am
  #11  
BE Forum Addict
 
Joined: Jul 2008
Location: My happy place
Posts: 3,043
Tr1boy has a reputation beyond reputeTr1boy has a reputation beyond reputeTr1boy has a reputation beyond reputeTr1boy has a reputation beyond reputeTr1boy has a reputation beyond reputeTr1boy has a reputation beyond reputeTr1boy has a reputation beyond reputeTr1boy has a reputation beyond reputeTr1boy has a reputation beyond reputeTr1boy has a reputation beyond reputeTr1boy has a reputation beyond repute
Default Re: EEA-FP (I need guidelines)

Originally Posted by fasi25
Hi Sandi

thanks for your brief reply, I really appreciate your comments. let me tell you whole situation then you will realize easily.


thankx

I'm starting to realise something easily, you got that bit right
Tr1boy is offline  
Old May 16th 2015, 11:17 pm
  #12  
Just Joined
Thread Starter
 
Joined: May 2015
Posts: 10
fasi25 is an unknown quantity at this point
Default Re: EEA-FP (I need guidelines)

Originally Posted by not2old
from the HO in your first post. If you can satisfy what they're asking, then you may have a reasonable chance of approval



Let me give you some idea or suggestions on what I think you'd need to provide...

- From 2008 when you say you first were in contact with your sponsor (now wife) to your wedding date, had you ever met or seen or be with each other? If so, then provide the proof

- Had you or your now wife ever visited each other in the country that they lived between 2008 & the wedding date? if yes, then provide the the proof

- For the time you were in the UK on a tier 1 study permit till the time you left the UK in 2013, other than by internet - did you & your now wife have any meetings or contact in the UK or any other country? if so please provide those details.

- When did your wife leave the country she was living in prior to going to the USA to study & where would she normally reside when not studying in the US?

- Did you & your now current wife live in the same town or village ever prior to your marriage? - if so, what was your relationship if any - provide proof.

- On your wedding day, do you have proof of anyone who was present, are there wedding photographs, a celebration event, did you honeymoon anywhere? - if so, provide these details.

- Did the wedding rituals consist of .... the Henna ceremony (Rasme Henna), the vows or the Nikah which is a part of the actual wedding or Shaadi ceremony, and a subsequent Walima - if so, then likely you would be able to provide this information?

- How long after wedding was it to the time your wife returned to the USA?

- Since your wedding in 2014 how much time have you physically spent together? - provide details

- Has you wife ever resided or lived in Pakistan?, if so - please provide dates & details of her residence, schooling, jobs etc

- Since the wedding up to the time of your FP application, can you provide a log or information of all the contacts that you have had with each other, as well as any communications with each others family?

- Going forward, can you provide details of your living arrangements when you enter the UK, an address or other details?
Hi not2old and Sandi

I really appreciate your consideration and guidelines related to my situation and I am very thank full to all of you guise. let me clear you more details which you asking in your reply..


right now these documents I am going to attach with this visa application.

1- my wife's Italian original Passport.

2- me and my wife's emails since 2006 till now

3- me and my wife's call records ( I use to use a localphone call company to cal out side the UK number and I have her number in my account since 2009 till 2013. my payment slips but unfortunately the call time with my wife is removed from the company as I came from UK since 2 years ago.

4- me and my wife's marriage photos with Nikah khwan lawyer

5- I have arrange our first wedding anniversary with her mother her sister and her aunt they came from USA with her to attend this marriage anniversary with photos and hotel invitation card.

6- she is living with me right now in my home pakistan I can arrange any statement from my city which proves that she live with me right now( if you can provide any help regarding this would help alot)

7- Our marriage certificate in URDU Original, english translation original, international computerised marriage certificate all certified by foreign affairs. going to attach with these documents now.

8- I have my skype video chat photographs which I am going to add with the application.

9- I have whatts and viber chats as well but its private which I can't share with them but I got some screen shorts from the chat and add with the application now.

-10 my educational documents and my world class professional certifications.

-11 my wifes covering letter (any guideline on my wife covering letter what should she add in the letter.

-12 my Marriage invitation card

-13 my covering letter (any guide line what should I add in my letter)

now come to your questions I am going to tell truth so you will understand easily.

me and my wife start conversation in jan 2006 and then we meet first time in 2008 july. seriously we didn't know about the UK or usa application nor I have plan like this that I will move to any where in other country. as we have some religious background so photos and relation with physical is not allowed before the marriage. and most of the time when we talk she use to live italy when i was in pak and when I was in UK she was in pak and move to USa thats why its quite difficult to arrange the documents like you asked. we never thought about the pictures before but now I have arrange all the pictures but its all from now not from past. as we did marriage as we love each other but our families were not happy with our marriage but now they realize that we are in true love so now they arrange a marriage function so now we are in physical relation. should I attach my in laws passport and green cards copies so it will make sense that our relation is genuine and all were in the marriage.

I hope this will help

many thanks in advance again


regards

fasi
fasi25 is offline  
Old May 17th 2015, 2:50 am
  #13  
Dichotomus tinker
 
not2old's Avatar
 
Joined: Aug 2013
Location: Ontario, Canada
Posts: 6,686
not2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond reputenot2old has a reputation beyond repute
Default Re: EEA-FP (I need guidelines)

fasi25 @ post #12

sorted....

In this electronic age anything is possible, just saying that....

Looks like you have it all figured out & put together to support your application - go for it, just as you've laid it out.

You may think about what happens if you & your wife are called in by the HO and interviewed separately.

Nothing more to add from me

Last edited by not2old; May 17th 2015 at 3:14 am.
not2old is offline  
Old May 17th 2015, 4:55 pm
  #14  
Just Joined
Thread Starter
 
Joined: May 2015
Posts: 10
fasi25 is an unknown quantity at this point
Default Re: EEA-FP (I need guidelines)

Originally Posted by not2old
fasi25 @ post #12

sorted....

In this electronic age anything is possible, just saying that....

Looks like you have it all figured out & put together to support your application - go for it, just as you've laid it out.

You may think about what happens if you & your wife are called in by the HO and interviewed separately.

Nothing more to add from me
Hi note2old

thanks for your suggestion I think you got all the point clear now. my documentation submission on 29th of may 2015 lets see.

I am just afraid that David cameron won the election may be he put cap on EEA-FP as well. as his intention was just to stop EU nationals come in the UK. but till now no policy is announced.

thanks any way

fasi
fasi25 is offline  
Old May 28th 2015, 9:59 pm
  #15  
Just Joined
Thread Starter
 
Joined: May 2015
Posts: 10
fasi25 is an unknown quantity at this point
Default Re: EEA-FP (I need guidelines)

Originally Posted by not2old
fasi25 @ post #12

sorted....

In this electronic age anything is possible, just saying that....

Looks like you have it all figured out & put together to support your application - go for it, just as you've laid it out.

You may think about what happens if you & your wife are called in by the HO and interviewed separately.

Nothing more to add from me
Hey not2old

I submitted my documents today but they refuses to take my wifes italian passport. they said they wont take this just give us photo copy of passport.

is that gonna be wrong.


thanks

fasi
fasi25 is offline  


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.